THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR APPEAL SUIT No.3726 of 2000 with Cross Objections (SR) No.98753 of 2000 AND A.S.M.P.No.777 of 2009 in/and APPEAL SUIT No.3730 of 2000 with Cross Objections (SR) No.98754 of 2000 Date:07.09.2009 Between: The Special Deputy Collector, (Land Acquisition) Telugu Ganga Project, Nandyal, Kurnool District. ..Appellant And Vallapu Naganna (died) and others. ..Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR APPEAL SUIT No.3726 of 2000 and Cross Objections (SR) No.98753 of 2000 AND A.S.M.P.No.777 of 2009 in/and APPEAL SUIT No.3730 of 2000 and Cross Objections (SR) No.98754 of 2000 COMMON JUDGMENT: (Per BCK, J) Both these appeals i.e., A.S.No.3726 of 2000 and A.S.No.3730 of 2000 have been filed by the Land Acquisition Officer, challenging the common order dated 31.07.2000 passed by the Principal Senior Civil Judge, Kurnool, in O.P.Nos.85 of 1995 and 86 of 1995 respectively enhancing the compensation awarded to the respondents for their acquired lands. The respondents (claimants) in both the appeals have filed cross objections claiming further enhancement of compensation. Brief facts of the case are as follows:- An extent of Acs.1.28 cents of land (covered by O.P.No.85 of 1995) (out of which Acs.1.17 cents covered with malbari crop) in survey No.475/2 of Bhanumukkala Village and of an extent of Ac.0.79 cents (covered by O.P.No.86 of 1995) in survey No.476/1 of same village were acquired for the purpose of excavation of link channel under Telugu Ganga Project to Velgode Balance Reservoir from Bhanumukkala Village, through a notification under Section 4(1) of the Land Acquisition Act, 1894 (‘the Act’ for short), dated 14.05.1984. The Land Acquisition Officer (L.A.O.), Kurnool, passed award No.15 of 1985 dated 20.05.1985 awarding compensation at Rs.11,000/- per acre for the acquired land in survey No.475/2, at Rs.7,600/- per acre for the acquired land in survey No.476/1 and at Rs.26,250/- per acre for malbari crop for one year. The L.A.O. also awarded cultivation charges at the rate of Rs.3,500/- per acre in respect of the acquired land in both the survey numbers. Aggrieved by the said award, the claimants sought references under Sections 18 of the Act and accordingly the L.A.O. referred the matter to civil Court. Before the civil Court, the claimants claimed compensation at the rate of Rs.1,00,000/- per acre for the land acquired, at the rate of Rs.60,000/- per acre per year for malbari crop for twenty years and also compensation for construction of sheds. In order to prove their case, the claimants examined R.Ws.1 and 2 and got marked Exs.B1 to B4. The L.A.O. himself was examined as P.W.1 and Exs.A1 and A2 were marked on his behalf. The reference Court, on appreciation of oral and documentary evidence, enhanced compensation in respect of malbari crop from Rs.26,250/- per acre for one year to Rs.60,000/- per acre (Rs.30,000/- X 2) for two years. The learned counsel for the respondents/claimants submitted that the reference Court has wrongly taken into consideration the life span of malbari crop at two years. According to him, the life span of malbari crop should be taken as ten years. In support of his contention, he has relied on the judgment of this Court in Appeal Suit No.606 of 1999 and Cross Objections, dated 31.03.2004, wherein the life span of malbari crop was taken at eight years and compensation at Rs.26,250/- per acre per year was awarded. A.S.M.P.No.1924 of 2007 in A.S.No.3726 of 2000 is filed stating that during the pendency of the appeal, the sole respondent died and seeking permission of the Court to bring the legal representative of the deceased as second respondent in the appeal. In the circumstances and since the other side has no objection, A.S.M.P.No.1924 of 2007 is ordered and the petitioner therein is brought on record as second respondent in the said appeal. A.S.M.P.No.777 of 2009 in A.S.No.3730 of 2000 is filed to receive additional evidence i.e., certified copy of orders passed by the Senior Civil Judge, Atmakur, in O.P.No.182 of 1990 dated 31.08.2007, whereby the life span of malbari crop was taken at ten years and compensation at Rs.26,250/- per acre per year was awarded. The learned Government Pleader for the appeals has no objection for receiving the additional evidence adduced by the respondent/claimant. Accordingly, A.S.M.P.No.777 of 2009 is ordered and the additional evidence is received. Having heard the learned counsel for both the parties and perused the material placed on record including additional evidence, the compensation awarded by the reference Court appears to be just and reasonable and therefore, we do not find any illegality or irregularity in the impugned order except with regard to compensation awarded in respect of malbari crop. Since in judgment of this Court in A.S.No.606 of 2009 and Cross Objections, dated 31.03.2004, referred to above, the life span of the malbari crop was taken at eight years and compensation was awarded at Rs.26,250/- per acre per year, we are inclined to take the same view in the present case. Hence, as the reference Court has taken the life span of malbari crop at two years only, the respondents/claimants are entitled for additional compensation for malbari crop for the remaining six years, which comes to Rs.1,57,500/-(26,250X6). The impugned order is modified accordingly. It is not in dispute that once the claimants have been awarded compensation for malbari crop, they are not entitled for separate compensation for the land covered with malbari crop. In the result, we hold that the claimants are entitled for further enhancement of compensation of Rs.1,57,500/- with all statutory benefits as per the amended Act. Accordingly, the Cross Objections(SR) Nos.98753 and 98754 of 2000 stands partly allowed and A.S.Nos.3726 and 3730 of 2000 stands dismissed. ___________________ A. GOPAL REDDY, J 07th September, 2009 ____________________ B. CHANDRA KUMAR, J GHN