THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.Nos.2733 and 2773 of 1999 COMMON JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) Since these appeals arise out of a common order, dated 26-03-1999, passed in O.P.Nos.224 and 225 of 1990 respectively on the file of the II Additional District Judge, East Godavari at Rajahmundry, the same are heard and taken up together for disposal by way of common judgment. These appeals are preferred by the appellant-Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) challenging the common judgment and decree, dated 26-03- 1999 passed in O.P.Nos.224 and 225 of 1990 respectively. An extent of 1/4th share of the respondent-claimant in A.S.No.2773 of 1999 in Ac.7-65 cents of dry land in R.S.No.72 and an extent of Ac.8-31 cents of dry land of the respondent-claimant in A.S.No.2733 of 1999 in R.S.Nos.27/1, 27/c and 56/1 of D.Krishnavaram village, Addateegala Mandal, were acquired for formation and submergence of Yeleru Reservoir Project, pursuant to 4(1) notification and award No.20 of 88 was passed by the Land Acquisition Officer on 26-10-1988 fixing the market value at Rs.10,000/- per acre in respect of category-I lands, Rs.7,000/- per acre in respect of category-II lands and Rs.3,000/- per acre in respect of category-III lands. Not satisfied with the rate fixed by the Land Acquisition Officer, the respective respondents-claimants sought for reference to the Civil Court under Section 18 of the Act. Accordingly, the matter was referred to the Civil Court and the Reference Court, basing on Exs.A-4 to A-6, fixed the market value @ Rs.13,000/- per acre in respect of all categories of lands. Learned Government Pleader appearing for the appellant submits that the Reference Court had erroneously fixed the compensation @ Rs.13,000/- per acre relying on Ex.B-1-sale deed. A perusal of the impugned judgment goes to show that the Reference Court fixed the compensation @ Rs.13,000/- per acre basing on the oral and documentary evidence on the ground that the lands covered by Ex.B-1 are situated in Yeleswaram village. The lands acquired at Lingavaram village are nearer to Yeleswaram and more valuable than the lands in D.Krishnavaram. The distance between Lingavaram and D.Krishnavaram is about 25 kilometres and in respect of the lands acquired at Lingavaram, this Court granted compensation @ Rs.10,000/- per acre in the year 1985 under Award No.47/95, dated 29-06-1985, as is evident from Exs.A-4 to A-6, whereas the lands in question were acquired in the year 1988 i.e., after three years. There was a gap of three years. Even if 10% escalation is taken into account, it would come to Rs.13,000/-. Hence, we are of the opinion that the Reference Court had rightly fixed the compensation @ Rs.13,000/- per acre, basing on Exs.A-4 to A-6. Therefore, we do not see any illegality or infirmity in the impugned orders, as such, the appeals are devoid of merits and the same are liable to be dismissed. Accordingly, the appeals are dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _______________ NOUSHAD ALI, J Date: 13-09-2010 Prv