THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR APPEAL SUIT No.95 of 1997 AND CROSS OBJECTIONS (SR) No.8030 of 2005 DT.21-11-2011 APPEAL SUIT No.95 of 1997 Between: Land Acquisition Officer, Spl Deputy Collector, Warangal (Sreeramsagar Project) Hanamkonda. …Appellants And Muddasani Indra Reddy & ors. … Respondent Counsel for the Petitioner: G.P. For Appeals Counsel for respondent: Sri CROSS OBJECTIONS (SR) No.8030 of 2005 Between: Muddasani Indra Reddy (died) per LR Muddasani Yashoda (3rd cross objector herein) and ors … Cross- Objectors And Land Acquisition Officer, Spl Deputy Collector, Warangal (Sreeramsagar Project) Hanamkonda. …Respondents Counsel for the Petitioner: Sri B.Narayana Reddy Counsel for respondent: Sri The Court made the following JUDGMENT: THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR APPEAL SUIT No.95 of 1997 AND CROSS OBJECTIONS (SR) No.8030 of 2005 JUDGMENT: (Per Hon’ble Sri Justice V.Eswaraiah) This appeal is filed by the Land Acquisition Officer aggrieved by the Judgment and Decree dated 29-1-1993 in O.P.No.219, on the file of the Principal Subordinate Judge, Warangal in enhancing the compensation in respect of the acquired lands of the respondents-claimants herein of an extent of Ac.1-20 guntas in Sy.No.138 of Obulapuram Village of Atmakur Mandal, Wrangal District from Rs.5,000/- per acre to Rs.20,000/- per acre. The respondents claimants filed the cross-objections seeking enhancement of the compensation from Rs.20,000/- to Rs.30,000/- per acre. The land of the respondents/claimants was acquired for the purpose of Sreeramsagar Project. The claimants claimed compensation at Rs.30,000/- per acre by placing reliance on Exs.A.11 certified copy of registered sale deed dated 27-6-1982 in respect of the sale of Ac.0-15 guntas for Rs.7,500/-, which comes to Rs.20,000/- per acre. The said sale deed is 1 year three months prior to the date of present 4 (1) notification. The claimants also placed reliance on Ex.A.14 certified copy of the decree in O.P.Nos.150/1988 and 220/1988 relating to Mustialpalli villages abutting the Obulapur village for the self same purpose pursuant to the very self same notification under Section 4 (1) of the Land Acquisition Act. PW.2 who was examined on behalf of the claimants in his deposition stated that in respect of similarly acquired lands situated in Mustialpalli village abutting Oblapur village compensation was awarded at Rs.25,000/- per acre in O.P.Nos.150/1988 and 220/1988 covered under Ex.A.14 certified copy of decree in the said O.Ps. The reference Court, however, considering the evidence of PWs.1 to 3 and 5 and keeping in view Exs.A.11, X.1 and A.14 awarded the compensation at Rs.20,000/- per acre without any reason to disregard Ex.A.14 under which the reference Court awarded the compensation at Rs.25,000/- per acre. Therefore, we are of the opinion that Ex. A.14 is relevant for the purpose of fixing the just compensation. The Court below ought to have considered Ex.A.14 which is a certified copy of the decree in O.Ps relating to the land acquired for the self same purpose in Oblapur and Mustialpalli village as this both are said to be nearby. Therefore, we are of the opinion that the claimants/Cross-Objectors are entitled to the compensation at Rs.25,000/- per acre which is considered reasonable. Accordingly, the appeal filed by the Land Acquisition Officer is dismissed, and the Cross-Objections (SR) No.8030 of 2005 filed by the claimants are partly allowed enhancing the compensation from Rs.20,000-/ per acre to Rs.25,000/- per acre. The cross objectors-claimants are entitled for all the additional benefits on the enhanced compensation. No order as to costs. ________________ V. ESWARAIAH,J _________________ N.RAVI SHANKAR,J DATE:21-11-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR (The order of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) APPEAL SUIT No.95 of 1997 AND CROSS OBJECTIONS (SR) No.8030 of 2005 DT.21-11-2011 GRK