THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.279 OF 2007 AND L.A.A.S.(SR) NO.5371 OF 2007 DATED 21st DECEMBER, 2010 BETWEEN: The Special Deputy Collector (LAO), TGP, Nandyal. … Appellant/Referring Officer a n d Madarkhangari Sattar Khan, Died per L.R. M.Malik Khan … Respondent/Claimant THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.279 OF 2007 AND L.A.A.S.(SR) NO.5371 OF 2007 C O M M O N J U D G M E N T (Per Sri Justice Sanjay Kumar) Cross appeals by both the parties in O.P.No.399 of 1999 on the file of the Senior Civil Judge, Atmakur. By Order and Decree dated 26.10.2004 the said Court in a reference under Section 18 of the Land Acquisition Act, 1894 (for brevity, ‘the Act of 1894’) in O.P.No.399 of 1999, enhanced the compensation from Rs.7,500/- per acre to Rs.20,000/- per acre. Aggrieved by the said enhancement, the State filed LAAS No.279 of 2007 while the claimant, being dissatisfied with the enhanced amount, filed LAAS (SR) No.5371 of 2007 claiming Rs.45,000/- per acre. The land of the claimant admeasuring Ac.1-50 cents situated at Velgode Village, Kurnool District, was acquired for the Telugu Ganga Project. By Award No.20/85 dated 21.05.1985, the Land Acquisition Officer, upon enquiry, computed the market value of the acquired land at Rs.7,500/- per acre. Not content therewith, the claimant sought reference under Section 18 of the Act of 1894 which was taken on file by the reference Court as O.P.No.399 of 1999. By its common order dated 26.10.2004 in O.P.Nos.428 of 1999 and batch, including O.P.No.399 of 1999, the reference Court enhanced the market value to Rs.20,000/- per acre. The reference Court took into account the fact that this Court had already confirmed the enhancement of the market value of dry lands in Velgode Village at Rs.20,000/- per acre (Ex.A.2) which found confirmation when the Supreme Court refused Special Leave to the Government to appeal against the said order. The fixation of the market value by the above common order has also been confirmed thereafter by this Court in so far as O.P.No.428 of 1999 is concerned. We therefore see no reason to take a different view in this matter. The order under appeal does not suffer from any defect or error warranting appellate interference at the instance of the State. In so far as the claimant’s appeal is concerned, there was a delay of 753 days in its institution and notice was ordered thereon to the respondent. However, when the matter was taken up along with the State’s appeal for hearing upon the condone delay application, there was no representation on behalf of the claimant though the cause list reflects the name of Sri P.Vengala Reddy, learned counsel, as appearing on his behalf. LAAS MP No.1088 of 2007 seeking condonation of delay is therefore dismissed for default and in consequence, LAAS (SR) No.5371 of 2007 is also dismissed. Both the appeals shall accordingly stand dismissed. There shall be no order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 21st DECEMBER, 2010 PGS