THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE K.S. APPA RAO L.A.A.S. No. 974 of 2007 JUDGMENT: (Per NVR,J) The Land Acquisition Officer-cum-Special Deputy Collector, L.A. Unit, PJP, Gadwal, filed the present appeal against the order dated 08.08.2007 passed in O.P. No. 51 of 2003 by the Senior Civil Judge, Gadwal. Brief facts of the case are that the lands of the respondents- claimants, to a total extent of Ac.3.24 gts. in Sy. Nos. 240/2 and 241/2 situated at Thippadampally Village of Atmakur Mandal, were acquired by the Government for the purpose of excavation of distributory No.6 from KM 11.650 to KM 13.000 PJP, by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), published in the A.P. Gazette dated 10.03.1999. The Land Acquisition Officer, after following the due procedure prescribed under the Act, has passed award fixing the market value of the acquired lands at the rate of Rs. 23,000/- per acre. Dissatisfied with the compensation awarded by the Land Acquisition Officer, the claimants received the compensation under protest and sought reference of the matter to Civil Court, and accordingly the Land Acquisition Officer has referred the matter to the reference Court under Section 18 of the Act, for determination of the market value of the acquired lands. On the reference being made, the respondents-claimants have filed claim petition before the reference Court and claimed compensation at the rate of Rs.80,000/- per acre. The Land Acquisition Officer filed reply statement, supporting the award passed by him, and prayed to reject the claim of the claimants. Before the reference Court, P.Ws.1 to 3 were examined and Exs.A1 to A3 were marked on behalf of the respondents-claimants, while the Land Acquisition Officer was examined as R.W.1 and Ex.B1 was marked on behalf of the appellant-Land Acquisition Officer. The reference Court, having considered the oral and documentary evidence adduced by the parties, fixed the market value of the lands under acquisition at Rs.60,000/- per acre and also granted to the claimants, other statutory benefits as detailed in the order under appeal, and accordingly answered the reference, by order dated 08.08.2007. Aggrieved thereby, the present appeal is preferred by the Land Acquisition Officer. Heard the Assistant Government Pleader for Appeals appearing for the appellant- Land Acquisition Officer and the counsel appearing for the respondents-claimants and perused the order under appeal and other material available on record. As can be seen from the record, the claimants have examined P.Ws.1 to 3 and marked Exs.A1 to A3 on their behalf. Ex.A1 is the order passed by the reference Court in respect of the lands situated at Medipally Village, which were acquired in the year 1989, enhancing the market value of the lands to Rs.30,000/- per acre for ID lands and Rs.20,000/- per acre for dry lands. The said order under Ex.A1 was confirmed by this Court in the appeal preferred by the L.A.O., under Ex.A2. Taking into consideration the orders under Exs.A1 and A2, the reference Court has enhanced the market value of the lands situated at Motlampally Village, which were acquired in the year 1999, to Rs.60,000/- per acre, by granting 10% escalation from the date of earlier notification pertaining to the lands at Medipally village covered by Ex.A1. P.Ws.1 to 3 have deposed that Motlampally and Medipally villages are situated adjacent to Thippadampally village, where the lands under acquisition are situated, and the lands situated in the three villages are similar in nature, fertility and potentiality. R.W.1, who was examined on behalf of the L.A.O., has admitted the situation of the three villages abutting each other. Having regard to the admission of R.W.1 and the cogent and corroborated testimony of P.Ws.1 to 3 as to the nature and fertility of the lands in three villages and taking into consideration Exs.A1 to A3, the reference Court felt that the claimants are entitled to the benefit of enhancement as granted to the claimants under Ex.A1, with escalation at 10% per annum for a period of ten years i.e. from the date of 4(1) notification of the lands covered by Ex.A1 i.e. from 06.04.1989 till the date of 4(1) notification issued in the respect of the present lands, dated 10.03.1999, and accordingly fixed the market value of the lands under acquisition at Rs.60,000/- per acre, which, in our considered opinion, is just and reasonable. There are absolutely no grounds to interfere with the order under appeal and the appeal fails. The appeal suit is accordingly dismissed. No order as to costs. __________________ JUSTICE N.V. RAMANA ___________________ JUSTICE K.S. APPA RAO 29th June, 2011 IBL