HON’BLE SRI JUSTICE N.V.RAMANA AND HON’BLE SRI JUSTICE K.S.APPA RAO Appeal Suit No.913 of 2000 Date: 15-6-2011 Between The Special Deputy Collector, L.A., H.L.C., Anantapur … Appellant/ Referring Officer and M.P. Veerabhadra Gowd (Died), Advocate, Alur, Kurnool district By L.R. M.P. Rajasekhara Gowd … Respondents/ Claimants HON’BLE SRI JUSTICE N.V.RAMANA AND HON’BLE SRI JUSTICE K.S.APPA RAO Appeal Suit No.913 of 2000 Judgment: (per N.V.Ramana, J.) Heard both sides. 2. This appeal is filed against the order and decree dated 10-9-1999 in O.P.No.344 of 1987 passed by the Principal Senior Civil Judge, Anantapur. 3. The lands of the respondents-claimants situated in Mylarampalli village in Survey No.190 measuring Ac.2-28 cents were acquired by the State for the purpose of foreshore submersion of P.A.B.R. Dam and the appellant herein-Special Deputy Collector (Land Acquisition), H.L.C., Anantapur has fixed the market value of the land at Rs.12,350/- per hectare and passed two awards viz., Award No.3/1981 dated 27-02-1981 and Award No.27/1981 dated 30-4-1981 and paid total compensation of Rs.13,066=30 ps. for the acquired lands. Not satisfied with the compensation fixed in the said awards, the respondents-claimants filed the O.P., under Section 18 of the Land Acquisition Act, 1894 (for short, ‘the Act’) for reference. The Court below after taking into consideration the order in another petition O.P.No.39 of 1988 wherein the lands were acquired for the same purpose and in the same village, passed the order under appeal observing as under: “Here the land acquired by the Government under Ex. A.1 and A.3 are that of similar lands acquired in this case and they are very adjacent lands with same fertility and potential. This court has fixed land value at Rs.15,000/- under Ex. A.1 and A.3 the claimant prayed to fix the same value. In Ex. A.1 the land acquired is in S.No.191/B, whereas in this case the lands are situated in S.Nos.190, 192, 193 and 441. As it is also held by the Inspecting Officer that it is a well irrigated land with the source by Penna river and also black soil fertility in nature. Considering all these facts I am of the opinion that it is a fit case for enhancement of compensation as the Government fixed the very low rate.” Observing so, the Court below has fixed the compensation at Rs.15,000/- per acre. Aggrieved by the same, the present appeal is filed by the State. 4. The main contention of the learned Government Pleader for Appeals appearing for the appellant-State is that increase of compensation from Rs.5,000/- to Rs.15,000/- per acre relying on Exs.A-1 and A-3 i.e., certified copies of orders in O.P.Nos.39 of 1988 and 91 of 1986 is not correct. 5. On the other hand, learned counsel for the respondents- claimants submits that the present land is situate adjacent to the lands covered in O.P.Nos.39 of 1988 and 91 of 1986 wherein compensation was fixed at Rs.15,000/- per acre, and no appeals were filed by the State. Therefore, there is no reason to interfere. 6. Taking into consideration the fact, particularly the fact that the present land is situated adjacent to the lands which were acquired for the same purpose and also as no appeals were filed against the awards passed in the earlier O.Ps., and also as per the inspection report of the Land Acquisition Officer that the present land is similar and adjacent to the lands that were acquired earlier by the State and in the said circumstances, we see no reason to interfere with the impugned order passed by the Court below. 7. In the result, the appeal suit is dismissed confirming the impugned order passed by the Court below. No costs. ______________ N.V.RAMANA, J. _______________ K.S.APPA RAO, J. 15th June, 2011. Ak HON’BLE SRI JUSTICE N.V.RAMANA AND HON’BLE SRI JUSTICE K.S.APPA RAO Appeal Suit No.913 of 2000 (Judgment of the Division Bench delivered by NVR, J.) 15th June, 2011.