HONOURABLE SRI JUSTICE B.PRAKASH RAO AND HONOURABLE SRI JUSTICE P. DURGA PRASAD L.A.A.S. Nos.479 of 2009 and 715 of 2010 ORDER: (per Honourable Sri Justice B.Prakash Rao) Heard Sri L.Prabhakar Reddy, Learned Counsel for the appellants-claimants, and the learned Government Pleader for Appeals. Since the subject matter in both these appeals is one and the same, they are heard and being disposed of together. In both these matters, references were raised under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) for enhancing the market value in respect of acquisition for submergence of Udaya Samudram Tank. It is stated that the claimants herein, who sought references under Section 18 of the Act, are similar to that of the claimants in O.P.No.991 of 2000 whose lands were also acquired for the very same purpose of submergence under Udaya Samudram Tank. It is evident from the record that the claimants in O.P.No.991 of 2000 preferred LAAS.No.1030 of 2007 against the award and decree dated 01.03.2006, wherein a Division Bench of this Court, vide its judgment dated 12.08.2008, fixed the market value of the acquired lands at Rs.1,10,000/- per acre. The Land Acquisition Officer preferred S.L.P (Civil) CC.No.6519 of 2009 and the Supreme Court had affirmed the judgment of the Division Bench fixing the market rate at Rs.1,10,000/- per acre. The appellants’ grievance is that though they are similarly situated to that of the claimants in O.P.No.991 of 2000, who were granted Rs.1,10,000/- per acre, and since their claim was restricted to Rs.1.00 lakh per acre, they were awarded Rs.1.00 lakh only. It is well established under Section 23 of the Act that the market rate in respect of the acquired lands has to be fixed in a just and reasonable manner. The Supreme Court in Bhimasha v. Special Land Acquisition Officer[1] held that any restriction of claim would not bar from enhancing compensation. We hold that the appellants-claimants are entitled to the market value on the acquired lands at Rs.1,10,000/- (Rupees One Lakh Ten Thousand Only) per acre, along with all statutory benefits including the interest and solatium, as per the amended provisions of the Act. The Appeals are, accordingly, allowed. No order as to costs. B.PRAKASH RAO,J P. DURGA PRASAD,J Date:09.03.2011 usd [1] 2008(10) SCC 797