HON’BLE SRI JUSTICE N.V.RAMANA AND HON’BLE SRI JUSTICE K.S.APPA RAO L.A.A.S.No.507 of 2008 Date: 21-7-2011 Between The Land Acquisition Officer cum Special Deputy Collector (L.A. Unit), PJP, Gadwal, Mahaboobnagar district … Appellant/Referring Officer and Mala Venkatanna (Died) per L.Rs. and 3 others … Respondents/Claimants HON’BLE SRI JUSTICE N.V.RAMANA AND HON’BLE SRI JUSTICE K.S.APPA RAO L.A.A.S.No.507 of 2008 Judgment: (per N.V.Ramana, J.) This appeal is filed against the order and decree dated 12-8-2008 in O.P.No.98 of 2004 passed by the Senior Civil Judge, Gadwal, Mahaboobnagar district (reference Court). 2. The lands of the respondents-claimants to an extent of Ac.0- 30 guntas and Ac.0-25 guntas in Survey Nos.228/2 and 229/2, dry, situated in Atmakur town were acquired by the State for the purpose of quarry for forming embankment of Distributory No.7 from KM 0.725 to 0.925. The appellant herein-LAO has fixed the market value for the acquired lands at Rs.40,000/- per acre and passed Award No.7 of 2003, dated 15-02-2003. The possession of the lands was taken on 11-3-1997. Aggrieved by the same, the respondents-claimants filed O.P.No.98 of 2004 before the reference Court under Section 18 of the Land Acquisition Act, 1894 (for short, ‘the Act’). The reference Court, after taking into consideration of Exs.A-2 and A-3 fixed the market value of the acquired lands at Rs.58/- per square yard. Challenging the same, the present appeal is filed by the State. 3. The learned Government Pleader for Appeals submits that there is no material to show that the lands acquired are potential for house-sites or commercial use. 4. On the other hand, learned counsel for the respondents- claimants supported the reasoning given in the impugned order. 5. We have heard the arguments of both the learned counsel and perused the award passed by the LAO as well as the impugned order passed by the reference Court. 6. It is seen that the reference Court basically relying upon Exs.A-2 and A-3 viz., copy of common order dated 09-4-1990 in O.P.No.52 of 1986 on the file of the reference Court and copy of judgment dated 02-12-1999 in A.S.No.180 of 1991 on the file of this Court, respectively, fixed the market value of the acquired lands at Rs.58/- per square yard. Even it is the admitted case of the respondents-claimants that the acquired lands are situated in Atmakur town and the lands acquired in Ex.A-2, which was confirmed in Ex.A-3 are adjacent lands in Survey Nos.276 and 278, were acquired for the purpose of office and residential quarters. Notification under Section 4(1) of the Act was issued on 25-8-1977, acquisition of the lands has taken place on 26-9-1981 and the LAO has fixed the market value of the acquired lands at Rs.20/- per square yard. Whereas, in the present case, the lands were acquired on 11-3-1997, Notification under Section 4(1) of the Act was issued on 03-3-2000 and the award was passed by the LAO on 15-02-2003. 7. The reference Court after taking into consideration that the notification under Section 4(1) of the Act concerning the lands covered by Exs.A-2 and A-3 was published on 26-9-1981 whereas the present Section 4(1) notification was published on 03-3-2000 and there is a gap of 19 years, granted escalation of 10% per annum on Rs.20/- per square yard, which comes to Rs.38/- per square yard and thus fixed the market value of the acquired lands at Rs.58/- per square yard. 8. In our considered opinion, in view of the common order dated 09-4-1990 in O.P.No.52 of 1986 vide Ex.A-2 fixing the market value for the acquired lands at Rs.20/- per square yard was confirmed by a Division Bench of this Court by judgment dated 02-12-1999 in A.S.No.180 of 1991 vide Ex.A-3, following the same analogy and the escalation of 10% per annum on Rs.20/- per square yard for the gap of 19 years in publication of the notification under Section 4(1) of the Act concerning the lands covered by Exs.A-2 and A-3 and the present notification, we see no reasons to interfere with the impugned order. 9. Accordingly, the appeal suit is dismissed confirming the impugned order. No costs. ______________ N.V.RAMANA, J. _______________ K.S.APPA RAO, J. 21st July, 2011. Ak HON’BLE SRI JUSTICE N.V.RAMANA AND HON’BLE SRI JUSTICE K.S.APPA RAO L.A.A.S.No.507 of 2008 (Judgment of the Division Bench delivered by NVR, J.) 21st July, 2011. (Ak)