THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1375 of 1998 DT.23-11-2011 Between: The Special Deputy Collector, L.A Unit, Husurabad. … Appellant And Lingampally Madanmohan Reddy & Ors … Respondents Counsel for the Appellant: G.P for Appeals. Counsel for respondent: Sri The Court made the following Judgment: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1375 of 1998 J U D G M E N T: (Per Hon’ble Sri Justice K.S.Appa Rao) Aggrieved by the Judgment and Decree dated 30-12-1997 in O.P.No.75/1996, on the file of Subordinate Judge, Huzurabad, the Land Acquisition Officer, Husurabad filed this appeal. On the request of the Executive Engineer I.D. Division-4, Jammikunta for acquisition of land for the purpose of excavation of 3L and 4L of DBM-15 Canal and 12L-IL of D.B.M 15 canal in the limits of Kachapur and Kanaparty villages of Keshavapatnam and Veenavanka Mandals respectively, the Government issued draft notification under Section 4 (1) of the Land Acquisition Act on 17-1-1987 and the lands were acquired, and the Land Acquisition Officer after conducting enquiry fixed the market value of the land at Rs.6,300/- per acre for Kachapaur lands and Rs.5,000/- per acre for Kanaparthy lands. Dissatisfied with the same, the respondents/claimants sought reference under Section 18 of the Land Acquisition Act, and the reference Court has enhanced the compensation from Rs.6,300/- and Rs.5,000/- per acre to Rs.25,000/- per acre with all statutory benefits. Being aggrieved by the same, this appeal is filed. The Court below during the trial examined PWs.1 to 3 and got marked Exs.A.1. On behalf of the referring officer, RW.1 was examined and got marked Exs.B.1 and B.2. The learned Government Pleader appearing for the appellant argued that enhancement of compensation from Rs.6,300/- and 5,000/- per acre to Rs.24,000/- per acre is contrary to the rules framed under the Land Acquisition Act and is without any basis and authenticated evidence and the same has to be reduced. Now the point that arises for consideration in this appeal is whether the enhancement of compensation from Rs.6,300/- and 5,000/- per acre to Rs.24,000/- per acre is just and reasonable and that the Judgment and Decree of the Court below is sustainable. The 9th claimant who is examined as PW.1, in his deposition stated that the market value of the lands at the time of acquisition was in between Rs.40,000/- to Rs.1,00,000/- per acre and they are fertile and Bagayath lands and has irrigation facility from well water and they used to raise crops like Maize, Cotton, Chilly, Sunflower etc., and who used to get an annual income of Rs.20,000/- per acre. The claimant No.13 who is examined as PW.2, in his deposition, stated that the market value of the lands at the time of acquisition was in between Rs.50,000/- to Rs.70,000/- per acre. One Narahari Buchi Reddy, who was examined as PW.3, in his evidence stated that in the year 1984 his mother sold land admeasuring Ac.0-10 guntas at Rs.40,000/- per acre and the distance between the acquired land and the land covered in his sale deed Ex.A.1 is 1½ Kilo meter. Admittedly, notification under Section 4 (1) of the Land Acquisition Act was made on 17-1-1987 where as Ex.A.1 is of the year 1986, which is one year prior to the present acquisition. The Court below rightly calculated the value of the land by deducting 1/3rd towards betterment charges and awarded compensation as the land under Ex.A.1 is nearer to the land in question and the said land is similar in nature in fertility. Hence, we are of the firm view that the findings of the reference Court while awarding compensation at Rs.24,000/- per acre is absolutely reasonable, and we see no ground to differ with the findings of the Court below. Accordingly, the appeal is dismissed confirming the Judgment and Decree dated 30-12-1997 in O.P.No.75/1996, on the file of Subordinate Judge, Huzurabad on all counts. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 23-11-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench delivered by Hon’ble Sri Justice K.S.Appa Rao ) APPEAL SUIT No.1375 of 1998 DT.23-11-2011 GRK