THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.S.APPA RAO A.S.No.2096 of 1999 JUDGMENT: (per the Hon’ble Sri Justice K.S.Appa Rao) Being aggrieved by the judgment and decree, dated 10- 09-1998, passed in O.P.No.44 of 1990 by the Principal Senior Civil Judge, Warangal, the present appeal is filed by the Government. The land of the respondents/claimants to an extent of Ac.5-21 gts., situated at Metpalli village, Mogullapalli Mandal, Warangal District, was acquired for excavation of Kakatiya Canal. Notification under Section 4(1) of the Act was published on 30-08-1986 and the Land Acquisition Officer, after due enquiry, awarded compensation @ Rs.5,775/- per acre. Dissatisfied with the said compensation, on the request made by the claimants, the reference was made. The Reference Court, after due enquiry, enhanced the compensation to Rs.22,000/- from Rs.5,775/- per acre. Being aggrieved by the same, the present appeal is filed by the Government. The learned Government Pleader argued that the Reference Court without any documentary evidence enhanced the compensation from Rs.5,775/- to Rs.22,000/- and the said compensation needs to be reduced. Now the point for consideration is whether the enhancement of compensation awarded by the Reference Court is just and reasonable and that the order of the Reference Court is sustainable? Before the court below, on behalf of the claimants, PWs.1 and 2 were examined and Exs.A.1 and A.2 were marked. On behalf of the appellant, RW.1 was examined and Exs.B-1 and B-2 were marked. We have perused the material available on record. The claimants relied on Ex.A-1-certified copy of the order in O.P.No.27/86. In O.P.No.27/86, the land to an extent of Ac.18-06 gts., situated at Metpalli village, Mogullapalli Mandal, Warangal District, was acquired for excavation of Kakatiya Canal, pursuant to 4(1) Notification, dated 09-12-1982 and the Land Acquisition Officer fixed the market value @ Rs.5,400/- per acre. On reference, the II Additional Subordinate Judge, Warangal, vide its order, dated 14-08-1995, enhanced the market value from Rs.5,400/- to Rs.16,000/- per acre. Aggrieved thereby, the Government preferred A.S.No.313 of 1996 before this Court and this Court dismissed the appeal confirming the order passed by the Reference Court under Ex.A-2. The acquired lands in the present case are also situated in Metapalli village and both the lands were acquired for the same purpose. According to PWs.1 and 2, the acquired lands in O.P.No.27 of 1986 and the present O.P. are similar in nature. The date of notification for the acquisition of lands covered in O.P.No.27/86 is 16- 10-1982 and the present 4(1) Notification was published on 30-08-1986. The amount of compensation awarded by the trial court @ Rs.16,000/- per acre was confirmed by this Court in A.S.No.313 of 1996. The reference Court applying the escalation of 10% per year in respect of Rs.16,000/- per acre, awarded compensation of Rs.22,000/- per acre. Further, the Reference Court also observed that this Court in number of appeals uniformly fixed the market value at Rs.22,500/- for dry lands and Rs.25,000/- per acre for wet lands for the lands acquired in all the mandals of Warangal District for the excavation of Kakatiya Canal, pursuant to the notification issued during 1986-87. The same market value was fixed even for the lands acquired in Forest and interior mandals like Mulug and Chityal. Therefore, having taken into consideration Exs.A-1 and A-2 and also the judgments of this Court, the trial court fixed the market value @ Rs.22,000/- per acre. In our view, awarding compensation @ Rs.22,000/- per acre is just and reasonable and needs no interference by this Court. Accordingly, we see no merits in this appeal. In the result, the appeal is dismissed, confirming the order of the Reference Court in all aspects. No order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date: 02-12-2011 Prv