THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.655 of 2000 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) The Land Acquisition Officer filed this appeal against the order, dated 27-07-1988, passed in O.P.No.72 of 1985 on the file of the Subordinate Judge, Adoni, enhancing compensation from Rs.1,500/- per acre to Rs.4,000/- per acre. The lands of the respondents-claimants to an extent of Ac.1-65 cents and 2 acres respectively in Sy.No.490 situated at Tharnakal village, were acquired pursuant to 4(1) Notification, dated 09-07-1976, for the purpose of Gajuladinne Project and the Land Acquisition Officer passed the award, dated 13-04-1977, fixing the market value @ Rs.1,500/- per acre. The respondents received compensation under protest and made a request to refer the matter to the Civil Court under Section 18 of the Land Acquisition Act. On Reference, the Reference Court, basing on the oral evidence of the 1st claimant and relying on Ex.B-1-certified copy of order in O.P.No.194 of 78, dated 13-04-1984, enhanced the market value from Rs.1,500/- per acre to Rs.4,000/- per acre. It is not in dispute that in respect of the very same village, when similar land was acquired, the Land Acquisition Officer fixed the market value at Rs.1,500/- per acre and on reference, the Reference Court under Ex.B-1 enhanced compensation from Rs.1,500/- per acre to Rs.4,000/- per acre. Therefore, we are of the opinion that the Reference Court had rightly placed reliance on Ex.B-1 and enhanced the compensation from Rs.1,500/- per acre to Rs.4,000/- per acre. Hence, the same cannot be said to be excessive or illegal. Therefore, the appeal is devoid of merits and the same is liable to be dismissed. Accordingly, the appeal is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _______________ NOUSHAD ALI, J Date: 07-10-2010 Prv