IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G. BHAVANI PRASAD A.S.NO. 944 OF 2005 DATE: 29.1.2010 Between: P. Jagan Mohan Prasad S/o P. Ramanna age 35 ..... claimant/appellant AND The Special Deputy Collector, Land Acquisition HLC, AnantapurSub- Collector, Land Acquisition Officer, Tenali, Guntur .....respondent JUDGMENT: (per Sri Ghulam Mohammed, J) This appeal has been preferred by the claimant under Section 54 of the Land Acquisition Act (for short ‘the Act’), seeking enhancement of the compensation passed in O.P.No. 3 of 1997 dated 31.1.2005 on the file of the Principal Senior Civil Judge, Anantapur. Brief facts of the case are that in an extent of Ac. 8.05 cents of land in S.No. 180, Mylarampalli Village, Uravakonda Mandal belonging to the claimant was acquired by the Land Acquisition Officer for establishment of fore-shore submersion of P.A.B.R. Dam vide notification published in the gazette dated 12.5.1993 issued under Section 4(1) of the Act. The Land Acquisition Officer after following the procedure prescribed under law, divided the lands into two groups viz., Garden Land and Waste Land and for Garden Land, the Land Acquisition Officer fixed the market value at Rs. 12,000/- per acre and for Waste Land at Rs. 2,000/- per acre. The claimant received the compensation under protest and contended that the amount awarded was insufficient. Being dissatisfied with the Award, the claimant sought for a reference under Section 18 of the Act and the Award has been accordingly referred to and taken on file by the learned Principal Senior Civil Judge, Anantapur. In order to establish the claim, claimant examined CWs. 1 to 6 and got marked Exs. A1 to A-11 and on behalf of the Referring Officer RW 1 was examined and got marked Exs. B1 to B5 and Ex. X1. The learned Subordinate Judge upon appreciation of both documentary and oral evidence made available on record enhanced the marked value for Garden Land from Rs. 12,000/- to Rs. 19,500/- per acre and for Waste land from Rs. 2,000/- to Rs. 9,750/- and for 1560 pomegranate trees at Rs. 38,933.50 (1/4th share) and besides enhancing the market value, directed that the claimants are entitled to solatium at 30% on the enhanced amount and additional market value at 12% on the enhanced amount from 6.5.1993 to 25.3.1994. He also further held that the claimants are entitled for interest on the enhanced market value, solatium and additional market value at 9% per annum for a period of one year from the date of award and at 15% per annum thereafter till the date of realisation. We have heard the learned counsel appearing for the appellant-claimant and also the learned Government Pleader for appeals. Sri C. Kodanda Ram, learned senior counsel appearing for the appellant, has filed a letter dated 24.11.2009 stating that out of four appeals filed by them, this Court disposed of two appeals viz., LAAS Nos. 862 and 907 of 2005 vide common judgment dated 31.12.2007 and the subject matter of this appeal is squarely covered by the above said common judgment dated 31.12.2007 passed in LAAS Nos. 862 and 907 of 2005. Since this is a claimant’s appeal and the counsel appearing for the appellant addressed a letter to the Registry stating that the subject matter of this appeal is squarely covered by the common judgment dated 31.12.2007 passed in LAAS Nos. 862 and 907 of 2005, following the same, this appeal is allowed in part directing that the compensation to be paid by complying with the capitalization method for 1560 pomegranate trees standing on the land of an extent of Ac. 7.67 cents x 65 x 8. The appellant is not separately entitled to be paid market value for this land of an extent of Ac. 7.67 cents. In so far as the market value for Group-II land of an extent of Ac.0.38 cents is concerned, we confirm the value determined by the learned Principal Senior Civil Judge, Ananthapur for Rs. 9, 750/- per acre. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _______________________ G. BHAVANI PRASAD ,J DATE: 29.1.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies