THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.2355 OF 1998 DT.02-12-2011 Between: The Special Deputy Collector, Land Acquisition Unit, L.N.D.Colony, Karimnagar. … Appellant And Gopu Bhaskar Reddy & ors … Respondents Counsel for the Appellant: G.P For Appeals Counsel for respondent: Sri The Court made the following Judgment: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.2355 OF 1998 J U D G M E N T: (Per Hon’ble Sri Justice K.S.Appa Rao) Aggrieved by the Judgment and Decree dated 10-9-1998 in O.P.No.75/1994, on the file of Senior Civil Judge, Karimnagar, the Special Deputy Collector, Land Acquisition Unit, L.M.D. Colony, Karimnagar filed this appeal. The land in question of Kalleda Village of Manakondur Mandal, Karimnagar District was acquired by issuing notification on 6-3-1981 under Section 4 (1) of the Land Acquisition Act for the purpose of excavation of Kakatiya Canal at DBM.No.6 from Kms 6.200 to 10.000. After due enquiry, the Land Acquisition Officer awarded the compensation at Rs.3,200/- per acre vide Award No.1/82-83 on 20-7-1982. Aggrieved by the same, the respondents/claimants filed petition under Section 18 of the Land Acquisition Act to refer the matter to the civil Court. The civil Court on reference, after due enquiry, enhanced the compensation from Rs.3,200/- to Rs.10,000/- per acre. Being aggrieved by the same, the Government preferred the present appeal. Now the point that arises for consideration in this appeal is whether the Judgment and Decree of the reference Court enhancing the compensation from Rs.3,200/- to Rs.10,000/- per acre is just and reasonable and is sustainable. The reference Court on behalf of the respondents/claimants examined PWs.1 and 2 and got marked Exs.A.1 to A.4 and on behalf of the referring RW.1 was examined and got marked Ex.B.1. PW.1 is the 2nd claimant. PW.2 is claimant No.35 in O.P.No.661/1984, which is marked as Ex.A.3 and he was examined to prove the same. Ex.A.1 is the certified copy of sale deed dated 28-4-1983. A certified copy of the Judgment of this Court in A.S.No.1024 of 1986 dated 9-12-1988 confirming the order in Ex.A.3 (O.P.No.661/1983) is marked as Ex.A.2. Ex.A.4 is the certified copy of earlier judgment of the reference Court in O.P.No.86/1989 dated 26-9-1996. Admittedly, the lands in question are useful for raising cotton and other commercial crops and the land owners used to get Rs.10,000/- to 15,000/- per acre. The market value of the said lands as per the evidence of PWs.1 and 2 is about Rs.20,000/- per acre. It is the evidence of PW.1 that the land under reference are of Kalledu and Kondapalkala villages and in the earlier proceedings in O.P.No.661/1984 the reference Court enhanced the compensation of the lands located to the Souther side of Kondapalkala village to Rs.10,000/- per acre and on appeal preferred by the Government this Court confirmed the same and awarded compensation at Rs.10,000/- per acre. It is also borne out from the evidence that the lands covered under OP.661/1984 and O.P.86/1989 are of similar nature with regard to the market value. Ex.A.1 is the certified copy of the sale deed dated 28-4-1984. Ex.A.2 is the certified copy of the Judgment of this Court in A.S.No.1024/1986 dated 9-12-1988. Ex.A.3 is the certified copy of the order in O.P.No.661/1984 dated 22-4-1985 and Ex.A.4 is the certified copy of the order in O.P.No.86/89 dated 26-9-1996. The aforesaid documents covered under Exs.A.1 to A.4 were well discussed by the reference Court while enhancing the compensation from Rs.3,200/- to Rs.10,000/- per acre. Therefore, we see no reason to differ with the findings arrived at by the reference Court while enhancing the compensation from Rs.3,200/- to Rs.10,000/- per acre. Accordingly, the appeal is dismissed confirming the Judgment and Decree dated 10-9-1998 in O.P.No.75/1994, on the file of Senior Civil Judge, Karimnagar in all respects. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 02-12-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench delivered by Hon’ble Sri Justice K.S.Appa Rao ) APPEAL SUIT No.2355 OF 1998 DT.02-12-2011 GRK