HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.165, 166 and 716 of 2000 Dated: 29-04-2010 A.S.No.165 of 2000 Between: The Special Deputy Collector, Land Acquisition Officer (General), Hyderabad. Appellant AND K.Narayana (died) per L.Rs. Respondents. A.S.No.166 of 2000 Between: The Special Deputy Collector, Land Acquisition Officer (General), Hyderabad. Appellant AND K.Anjaiah & Another Respondents. A.S.No.716 of 2000 Between: The Special Deputy Collector, Land Acquisition Officer (General), Hyderabad. Appellant AND Smt.Yashodamma & Another Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.165, 166 and 716 of 2000 COMMON JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) These three appeals are arising out of the same common order and the issue involved is one and the same, and therefore, they are heard together and are being disposed of by this common judgment. These appeals by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) are directed against the orders of II Additional Senior Civil Judge, Ranga Reddy District, dated 24.2.1999 made in O.P.Nos.223, 227 and 224 of 1986 respectively. The Government acquired the land to an extent of Ac.144.08 guntas situated in the villages of Koukur, Singarpally, Yapral including the lands of the claimants-respondents herein by publishing draft notification under Section 4(1) of the Act on 29.9.1997. The Land Acquisition Officer after conducting enquiry, passed an award on 31.1.1985 fixing the market value of the acquired land at Rs.6,000/- per acre for dry land; Rs.8,000/- per acre for single crop wet land and Rs.9,000/- per acre for double crop wet land. The claimants having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimants appeared and filed claim statements before the reference Court. All the three O.Ps. were clubbed together and common evidence was recorded in O.P.No.227 of 1986. To prove the market value, the claimant No.2 in O.P.No.227 of 1986 was examined as P.W.1 and Exs.A.1 to A.3 were marked on their behalf. On behalf of the referring Officer, R.W.1 was examined and the award copy was marked as Ex.B.1. On a consideration of the evidence available on record, the reference Court enhanced the compensation by fixing the market value at Rs.21/- per square yard for dry land and Rs.25/- per sq.yd. for wet land after deducting 1/3rd of the value of the land towards lay-out loss following the judgments in O.P.Nos.143 of 1986 and O.P.No.248 of 1986, which are marked as Exs.A.2 and A.3. Aggrieved by the same, the present appeals are filed by the Land Acquisition Officer. As seen from the impugned order, the reference Court basing on earlier orders passed in O.P.Nos.143 of 1986 and O.P.No.248 of 1986, marked as Exs.A.2 and A.3 fixed the very same market value as awarded therein. Now, it is brought to our notice that when the Land Acquisition Officer preferred appeals in A.S.Nos.2084 of 1991 and 2628 of 1993 against the orders made in O.P.Nos.143 of 1986 and 248 of 1986, this Court by judgment, dated 18.12.1996 allowed A.S.No.2084 of 1991 along with A.S.No.1089 of 1992 filed against O.P.No.140 of 1986 setting aside the enhancement made by the reference Court in O.P.No.143 of 1986 and remitted the matter to the reference Court for disposal afresh in accordance with law. On such remand being made, the reference Court by its order, dated 27.11.1998 fixed the market value of the acquired land in O.P.No.140 of 1986 at Rs.16/- per sq.yd., against which, the Land Acquisition Officer preferred A.S.No.2101 of 1999. This Court by judgment, dated 24.12.2003 dismissed the said appeal confirming the fixation of the market value at Rs.16/- per sq.yd. Following the same, the appeal and cross-objections preferred by the claimants and L.A.O. respectively, against the order in O.P.No.143 of 1986, dated 5.6.2000 were dismissed on 24.12.2003. Further, this Court by judgment, dated 24.12.2003 allowed A.S.No.2621, 2628 of 1993 and 157 of 1994 preferred by the Land Acquisition Officer against the O.P.Nos.217, 248 and 216 of 1986 in view of affirmation of enhancement of compensation made by the reference Court in O.P.No.140 of 1986, dated 27.11.1998 in A.S.No.2101 of 1999 fixing the market value of the acquired land at Rs.16/- per sq.yd. with a further direction that the claimants are entitled to payment of interest on 30% solatium together with all statutory benefits. In view of the same, the present appeals preferred by the Land Acquisition Officer have to be allowed modifying the order of the reference Court fixing the market value of the acquired land at Rs.16/- pr sq.yd. uniformly, without 1/3rd deduction from the total land area. In the result, the appeals are allowed setting aside the impugned order and fixing the market value of the acquired land at Rs.16/- per sq.yd. uniformly without 1/3rd deduction from the total land area. However, we make it clear that the claimants are entitled to interest not only on the enhanced compensation but also on 30% solatium awarded. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 29, 2010 G.V. SEETHAPATHY, J. Tsr.