THE HON’BLE SRI JUSTICE N.V. RAMANA and THE HON’BLE SRI JUSTICE K.S. APPA RAO A.S. No. 2122 of 2000 and CROSS-OBJECTIONS (Sr) No. 7593 of 2008 Common Judgment: (Per NVR,J) Aggrieved by the award dated 01.03.1999 passed by the Senior Civil Judge, Nirmal, Adilabad District, enhancing the compensation awarded by the Land Acquisition Officer in favour of the respondents- claimants, for the acquired land from Rs.7,000/- to Rs.14,000/- per acre, the Special Deputy Collector, SRSP, Pochampad, Adilabad District, has filed the appeal contending that the compensation enhanced is on the higher side. While, the respondents-claimants filed cross-objections contending that the enhancement made is on the lower side, and the compensation should have been enhanced at least to Rs.20,000/- per acre. The land of the respondents-claimants, in an extent of Acs. 8.07 cents in Sy. No. 197 at Arili (K) village, Kuntala Mandal, Adilabad District, was acquired by the Government, by issuing notification under Section 4(1) of the Land Acquisition Act, 1894, for the purpose of SRSP project. Thereafter, the Land Acquisition Officer conducted award enquiry, and passed award fixing compensation of Rs.7,000/- per acre, for the acquired land. The respondents-claimants received the compensation under protest and sought reference of the matter to the civil Court. On the reference, the Court below enhanced the compensation from Rs.7,000/- to Rs.14,000/- per acre. Questioning the award, the present appeal and cross-objections, as noted above, are filed. We have heard the learned counsel for the appellant- Government and the learned counsel for the respondents-claimants- cross objectors, and also perused the order under appeal. As can be seen from the impugned award, the land in question, belonging to the respondents-claimants, which was acquired for the purpose of SRSP project, is dry land. Even though the appellant- government contends that the Court below committed an error in enhancing the compensation from Rs.7,000/- to Rs.14,000/- per acre, the fact remains, the Court below while appreciating the evidence found that the Land Acquisition Officer, had discarded the sale transactions, in relation to lands in Sy. Nos. 2 and 81, which showed that they were sold for Rs.10,000/- and Rs.12,000/- per acre. Considering the said sale transactions and other evidence placed by the appellant-Government, the Court below felt that the compensation awarded by the Land Acquisition Officer, at Rs.7,000/- per acre is meagre and needs enhancement. And even though the respondents- claimants marked Ex. B2-sale deed, which is dated prior to the date of acquisition, to show that the value of the land is Rs.20,000/- per acre, and further contended that the market value of the land is even more, but to avoid stamp duty, the value of the land is reflected at Rs.20,000/- per acre, the fact remains, the Court below, having regard to the nature of the acquired land, which is dry land, felt it just and appropriate to enhance the compensation from Rs. 7,000/- to Rs.14,000/-, and in the facts and circumstances of the case, we find no reason whatsoever to interfere therewith. For the foregoing reasons, we find no merit in the appeal, and likewise the cross-objections, and accordingly dismiss them, but in the facts and circumstances of the case, without costs. __________________ JUSTICE N.V. RAMANA ___________________ JUSTICE K.S. APPA RAO Dated: 11th April, 2011 IBL