IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE NOUSHAD ALI A.S. No.2287 of 1999 Between: The Special Deputy Collector, L.A.Unit, Warangal ..... APPELLANT AND Jankajuva Komraiah and others .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE NOUSHAD ALI A.S. No.2287 of 1999 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) The land of the respondents/claimants of an extent of Ac.33.37 gts situated in villages of Nadikuda, Raiparthy, Vellampally, Madaram and Rajipet of Parkal taluq of Warangal District were acquired for excavation of Kakatiya canal pursuant to the draft notification issued under Sec.4(1) of the Land Acquisition Act dated 27.02.1988 and award was passed on 25.11.1988 fixing the market value @Rs.9,500/- per acre by the Land Acquisition Officer. At the request of the claimants to refer the matter for adjudication under Sec.18 of the Land Acquisition Act, the matter was referred to the Reference Court in O.P.21/1995 and the Reference Court by order dated 07.10.1998 enhanced the compensation from Rs.9,500/- to Rs.25,000/- per acre. Aggrieved by the same, the Land Acquisition Officer filed this appeal contending that the fixation of compensation from Rs.9,500/- to Rs.25,000/- per acre is excessive and without assigning any reasons and the lands acquired covered by Ex.X1 copy of the order in O.P.93/1997 are not similar to the lands acquired in the instant case for the purpose of determining the market value of the acquired lands. The market value fixed by the Land Acquisition Officer is just and reasonable. The learned counsel for the appellant/Land Acquisition Officer fairly submits that in so far as the interest, solatium and the additional market value are concerned, the Reference Court rightly granted the same, as the claimants are entitled to additional benefits as per the amended provisions of the Act. In so far as the market value fixed by the Reference Court is concerned, in paragraph-7 of the impugned order, the Reference Court held that the lands situated in Parkal, Mogullapalli and Chityal villages were acquired for the same purpose of excavation of Kakatiya Canal in the years 1986-87 and the matter was referred to the Sub-Court, Warangal and the Sub-Court, Warangal fixed the market value of such lands @Rs.22,500/- per acre in respect of dry lands and @Rs.25,000/- per acre in respect of wet lands and the said orders were also upheld by this Court. The said finding has not at all been challenged in the appeal. In the instant case, the lands were acquired pursuant to Sec.4(1) Notification dated 27.02.1988 i.e. one and half years after acquisition of the lands situated in Parkal, Mogullapalli and Chityal Mandals, covered under Ex.X1 copy of order in O.P.93/1987. We are of the opinion that the Court below having considered the facts and circumstances of the case rightly fixed the market value of the acquired lands @Rs.25,000/- per acre. We do not see any infirmity legal or otherwise to interfere with the said order. The Appeal Suit is accordingly dismissed. No order as to costs. _____________________ V.ESWARAIAH,J _______________ NOUSHAD ALI,J Dated: 13.09.2010 Dsr