THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR A.S.No.2244 of 2002 Date: 02.09.2009 Between: The Revenue Divisional Officer Land Acquisition Officer, Miryalguda …. Appellant And Akki Narayana and others …. Respondents Counsel for the Appellant: G.P for Land Acquisition Counsel for the Respondents: NA THE COURT MADE THE FOLLOWING: JUDGMENT (Per the Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) by the Revenue Divisional Officer-cum-Land Acquisition Officer, Miryalguda is directed against the order, dated 21.03.2002, passed by the Senior Civil Judge, Miryalguda in O.P.No.72 of 1998. An extent of Acs.10.30½ guntas of land situated in various Survey Numbers was acquired by the Government for the purpose of improvement of R&B Road leading from Mukundapur to Thipparthy via Kampasagar, Duggepally, Konthalapally, Kamareddigudem, Kannekal and Gopalapuram Village of Thripuraram and Nidmanur Mandals. Draft Notification under Section 4(1) of the Act and draft declaration under Section 6 of the Act were published in the Gazette on 07.03.1995 and 10.03.1995. The Land Acquisition Officer, after following the due procedure, passed Award No.E1/3632/1988, dated 15.04.1997, fixing the market value @ Rs.15,000/- per acre for dry land and Rs.25,000/- per acre for wet land. Dissatisfied with the compensation awarded, the claimants sought for reference under Section 18 of the Act. On reference being made, the claimants appeared before the Civil Court and filed their respective claim statements claiming compensation @ Rs.1,50,000/- per acre for dry land and @ Rs.2,00,000/- per acre for wet land. To substantiate the market value, on behalf of the claimants, P.Ws.1 to 3 were examined and Exs.A.1 to A.8 were marked. On behalf of the Referring Officer, though none was examined, Ex.C.1- copy of award proceedings No.E1/3632/89 was marked. The Court below, considering the entire material available on record, enhanced the compensation to Rs.40,000/- per acre uniformly for the dry and wet lands. It is brought to our notice that for the lands acquired for the same purpose of improvement of R&B road leading from Mukundapuram to Thipparthy via Kamareddygudem and Konthalapalli Villages, by issuing Notification under Section 4(1) of the Act in March, 1995, the reference Court in O.P.Nos.70 and 71 of 1998, enhanced the market value to Rs.60,000/- per acre uniformly by orders dated 29.06.2001. Questioning the enhancement, the Land Acquisition Officer preferred A.S.Nos.100 and 462 of 2002, and this Court, taking into consideration the sale deeds relating the lands in Kamareddygudem, and the order passed by the reference Court in respect of the lands of Konathalapalli Village in O.P.No.69 of 1998, which was approved by this Court in A.S.No.2236 of 1991, and after giving escalation @10% per annum, reduced the market value from Rs.60,000/- per acre to Rs.50,000/- per acre, through common judgment dated 03.03.2003. In view of the same, in the instant case, fixation of the market value by the reference Court @ Rs.40,000/- per acre uniformly, on the basis of Exs.A.3 and A.4-certified copies of the orders and decree in O.P.Nos.71 of 1998 and 70 of 1998 respectively, though just and reasonable, in fact, less than the market value as fixed by this Court in A.S.Nos.100 and 462 of 2002, since the lands covered by the present notification and the lands covered by Exs.A.3 and A.4 are contiguous, and this Court gave a finding in A.S.Nos.100 and 462 of 2002 that Konathalappli and Kamareddygudem are on the same developmental situation and the potentiality of the lands are also same. In view of the above, we do not see any merit in this appeal. We, accordingly, dismiss the appeal confirming the fixation of the market value by the reference Court @ Rs.40,000/- per acre. There shall be no order as to costs. ___________________ A. GOPAL REDDY, J ________________________ B.CHANDRA KUMAR, J Date: 02.09.2002 va