THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1041 of 2001 DT.13-12-2011 Between: The Land Acquisition Officer (Special Deputy Collector), Warangal. … Appellant And Bolla Ejjagiri & ors. … Respondents Counsel for the Appellant: Counsel for respondent: Sri The Court made the following Judgment: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1041 of 2001 J U D G M E N T: (Per Hon’ble Sri Justice V.Eswaraiah) This appeal is preferred by the Land Acquisition Officer (Special Deputy Collector), Warangal aggrieved by the Judgment and decree dated 19-6- 2000 in O.P.No.137/1995 on the file of the II Additional Senior Civil Judge, Warangal. An extent of Ac.2-26 gts of land for 2L/43 and Ac.5-01 gts for 3L/4R situated in Mallareddypally village was acquired for Pochampad Project by issuing notification under Section 4 (1) of the Land Acquisition Act published in the A.P Gazettee on 25-3-1990. The Land Acquisition Officer, after due enquiry, awarded the compensation at the rate of Rs.9,000/- per acre vide Award dated 26-10- 1991. Aggrieved by the said award, the claimants made request to refer the matter before the Civil Court under Section 18 of the Land Acquisition Act. Accordingly, the matter was referred and the reference Court, after due enquiry, fixed the compensation at Rs.30,000/- per acre. The reference Court enhanced the compensation basing on the Judgment in OP.No.130 of 1996. Being aggrieved by the same, this appeal is filed. Now the point that arises for consideration in this appeal is whether the enhancement of compensation from Rs.9,000/- to Rs.30,000/- per acre is just and reasonable and is sustainable. The claimants before the reference Court examined PW.1 to 3 and got marked Exs.A.1 to A.6 and on behalf of the respondent/government RW.1 was examined and got marked Ex.B.1. On a perusal of the evidence, it is seen that PW.1 in his evidence stated that the lands in question are fertile lands and they used to raise commercial crops like Cotton, Mirchi, Turmeric etc., and used to get good income ranging from Rs.4,000/- to Rs.40,000/- per annum. PW.1 further stated that the lands in Shayampet were also acquired for the self same purpose in the same year and for those lands which are situated at a distance of 2 or 3 kilometres from the present acquired lands, the Land Acquisition Officer had granted Rs.12,500/- per acre and on reference was enhanced to Rs.22,500/- by the reference Court which was confirmed by this Court. PW.2 is another witness who deposed that his lands in Sy.No.136 situated in Mallareddypally village was acquired for which compensation of Rs.10,000/- per acare was paid by the Land Acquisition Officer, and later on reference, the reference Court enhanced the same to Rs.22,500/- per acre to the dry land and Rs.25,000/- per acre to the wet land. Admittedly, the lands at Shayampet are similar to the lands in question regarding its fertility and potentiality. Admittedly, the acquired lands are situated at Mallareddypally village whereas the lands covered under Ex.A.5 and A.4 are situated at Shayampet village and the lands in the Shyampet village were acquired for excavation of Kakatiya Canal and thus the lands are very nearer to the lands covered under Ex.A.3. PW.3 who is one of the beneficiary in O.P.No.131 of 1986 covered under Ex.A.1 deposed that he is a resident of Vanchanagiri, Shyampet and his lands situated in Sy.No.976 were acquired by the Government for which compensation was enhanced t Rs.22,500/- per acre as per the orders in O.P.No.131 of 1986. It is pertinent to note that the present acquired lands are notified in the year 1990 whereas the lands covered under Exs.A.1 and A.3 were acquired in the year 1993. Therefore, without any hesitation it can be said that the price of the present acquired lands will fetch more market value. Therefore, by taking into consideration the period, the reference Court calculated the escalation and fixed the market value at Rs.30,000/- per acre. Therefore, in any view of the matter, the calculation and the compensation granted by the trial Court are quite reasonable and accurate. We see no ground to differ with the findings arrived at by the reference Court in enhancing the compensation from Rs.9,000/- to Rs.30,000/- per acre. The appeal is accordingly dismissed confirming the Judgment and Decree dated 19-6-2000 in O.P.No.137 of 1995, on the file II Additional Senior Civil Judge, Warangal on all counts. No costs. _______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 13-12-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) APPEAL SUIT No.1041 of 2001 DT.13-12-2011 GRK