THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI L.A.A.S.Nos.471 and 834 of 2005 COMMON JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) Both these appeals arise out of the same judgment and decree in O.P.No.317 of 1984, dated 13-10-2004, on the file of the I Additional District Judge, Nizamabad. The appellant in L.A.A.S.No.471 of 2005 is the claimant and the appellant in L.A.A.S.No.834 of 2005 is the Land Acquisition Officer, Revenue Divisional Officer, Nizamabad, in O.P.No.317 of 1984. The undisputed facts are that the land to an extent of Ac.2-00 gts. in Sy.No.401/66 situated at Armoor Town, Nizamabad District, was acquired for the purpose of construction of bus stand and bus depot, pursuant to the notification under Section 4(1) of the Land Acquisition Act (for short “the Act”), dated 30-06-1982. The Land Acquisition Officer passed an award, dated 04- 05-1984, fixing the market value @ Rs.25/- per sq. yard with 1/3rd deduction. The claimant sought for a reference under Section 18 of the Act for proper determination of the market value of the acquired land. Accordingly, the Reference Court has taken the same on file as O.P.No.317 of 1984 and passed the order, dated 13-10-2004, fixing the market value @ Rs.50/- per sq. yard without any deduction, as the entire land was acquired for the purpose of construction of bus stand and bus depot. Aggrieved thereby, the claimant as well as the Land Acquisition Officer filed these two appeals respectively. Heard both the counsel. It is stated that the land of the claimant and other land to an extent of Ac.7-20 gts. abutting to the land of the claimant situated in Armoor village were acquired for purpose of construction of bus stand and bus depot and possession of both the lands were taken. But, the notification under Section 4(1) of the Act in respect of Ac.7-20 gts. was issued on 25-10-1979 and the said acquisition was subject matter of O.P.No.89 of 1984, dated 06-11- 2002. On remand from this court, the Reference Court fixed the market value of the acquired land therein @ Rs.90/- ps. per sq. yard. But, the Reference Court in the instant case did not agree with the said judgment holding that the said judgment is not binding, which was passed by his learned predecessor and, it is open for him to take a different view than the one earlier. The reference court also distinguished the reasoning given in the said judgment. Now, both the learned counsel appearing for the respective parties submit that the order in O.P.No.89 of 1984, dated 11-06-2002 relating to acquisition of Ac.7-20 gts. of Armoor village, for the purpose of construction of bus stand and bus depot is the subject matter of A.S.No.2661 of 2003 before this Court and a Division Bench of this court by order, dated 01-12-2004, reduced the compensation from Rs.90/- per sq. yard to Rs.67.50 per sq. yard basing on Exs.B-50 and B-56 therein. Admittedly, both the lands are abutted and acquired for the same purpose. In fact, the notification in respect of the land covered by O.P.No.89 of 84, which is a subject matter of A.S.No.2661 of 2003, was issued on 25-10-1979 and this Court fixed the market value of the said land at Rs67.50 ps. per sq. yard. If that be so, there is no other reason to differ with the said judgment of this Court and to fix the market value of the land in question @ Rs.67.50 per sq. yard as on 25-10-1979. But, as the notification in the instant case was issued on 30-06-1982 i.e., after two years and eight months, we are of the opinion that the claimant is entitled for 10% escalation every year for two years and eight months. Therefore, the claimant is entitled for 28% escalation, which comes to Rs.86.75 per sq. yard. Accordingly, we enhance the market value of the land in question from Rs.50/- to Rs.86.75 per sq. yard. The claimant is also entitled to all other statutory benefits on the enhanced compensation. Accordingly, both the appeals are disposed of in the above terms. There shall be no order as to costs. ________________ V.ESWARAIAH, J _______________ NOUSHAD ALI, J Date: 28-06-2010 Prv