THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE K.S. APPA RAO L.A.A.S. No. 250 of 2008 Oral Judgment: (Per N.V. Ramana, J.) The State represented by the Land Acquisition Officer, Gadwal, Mahabubnagar District, has filed this appeal questioning the judgment and decree dated 26.11.2007 passed by the Senior Civil Judge, Gadwal, in O.P. No. 84 of 2004, enhancing the compensation for the acquired land from Rs.26,000/- per acre to Rs.72,900/- per acre, contending that the same is on the higher side and needs reduction. Various extents of land belonging to the respondents-claimants, situated in Thumpally village of Atmakur Mandal, Mahabubnagar, were acquired by the Government by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) on 20.11.2001, for PJP Canal. The Land Acquisition Officer after conducting enquiry passed award dated 10.07.2002, determining the market value of the acquired land at Rs.26,000/- per acre. The respondents-claimants received the same under protest and sought reference of the matter to the civil Court under Section 18 of the Act. The Court below after considering the evidence placed by both the parties, and placing reliance on Ex. A1-certified copy of the order in O.P. No. 46 of 2004 and batch, dated 28.07.2006, by the judgment and decree under appeal, enhanced the compensation for the acquired land from Rs.26,000/- per acre to Rs.72,900/- per acre. Heard the learned Government Pleader for Appeals for the appellant-Government and the learned counsel for the respondents- claimants and perused the judgment and decree under appeal. The contention of the appellant that the Court below committed an error in enhancing the compensation fixed by the Land Acquisition Officer for the acquired land at Rs.26,000/- per acre to Rs.72,900/- per acre, and the same needs reduction, cannot be accepted. As can be seen from the judgment and decree under appeal, the Land Acquisition Officer while determining the compensation for the acquired land, considered 13 sale transactions, but the Land Acquisition Officer discarded the same on the ground that they do not represent the true market value, and relied upon award No.29/2001, dated 08.06.2001, for fixing the market value of the acquired land at Rs.26,000/- per acre. The acquired land are fertile and provided with irrigation facility through Nallakuna Cheruvu. Crops like jowar, groundnut, red gram, cotton etc are raised. Thumpally village is surrounded by Motlampally, Medpally, Atmakur, Guntipally and Mulamalla villages. The lands of all the villages have the same fertility and potentiality. The Court below, for the purpose of fixing the compensation, took into consideration Ex. A1 and Ex. B1. Ex. A1, is the certified copy of the order in O.P. No.46 of 2004 and batch dated 28.07.2006. The said O.P. relates to acquisition of land in Motlampally village, which is neighbouring village of Thumpally. In the said O.P., the land was acquired on 10.08.1999, while in the present case, the land was acquired on 20.11.2001. The Land Acquisition Officer, determined the market value of the said land at Rs.30,000/- per acre. The Court enhanced the compensation from Rs.30,000/- per acre to Rs.60,750/- per acre, basing on the sale transactions that took place in Medpally village, which also is a neighbouring village of Thumpally. In doing so, the Court relied upon certified copy of the judgment in O.P. No.42 of 1990 and batch, dated 07.09.1994, which was confirmed by this Court vide certified copy of order in A.S. No. 1447 of 1994 and batch, dated 08.07.1996, and gave escalation at the rate of 10% per considering the time gap. As in respect of the lands acquired in Motlampally village, which is neighbouring village of Thumpally village, the Court earlier had fixed the compensation at Rs.60,750/- per acre, and considering the fertility and potentiality of the acquired land as evident by Ex. B1, the Court below felt it appropriate to adopt the market value of the land as fixed by it earlier in Ex. A1. As there was a time gap of two months from the date of 4(1) notification issued in respect of the lands in Motlampally village and the present acquisition, the Court below felt it appropriate to grant 10% escalation per annum, and accordingly, by granting escalation of Rs.12,150/-, determined the market value of the acquired land at Rs.72,900/- per acre. Considering the fertility and potentiality of the acquired land, we are of the considered opinion that the market value of the acquired land fixed by the Court below at 72,900/- per acre, by no stretch of imagination, can be said to be on the higher side warranting reduction in appeal. For the foregoing reasons, we find no merit in the appeal and the same is accordingly dismissed. The respondents-claimants are entitled to all the statutory benefits. No costs. ________________ N.V. RAMANA, J. _________________ K.S. APPA RAO, J. Dated: 20th July, 2011 KSR