THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1036 of 1998 DT.23-11-2011 Between: The Special Deputy Collector, L.A Unit, Karimnagar. … Appellant And Rodda Lingaiah s/o Peddaiah & 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.1036 of 1998 J U D G M E N T: (Per Hon’ble Sri Justice V.Eswasraiah) This appeal is ﬁled by the Special Deputy Collector, L.A Unit, Karimnagar aggrieved by the Judgment and Decree dated 25-09-1996 in O.P.No.62 of 1989 on the ﬁle of Subordinate Judge, Karimnagar in enhancing the compensation awarded by the Land Acquisition Oﬃcer for the acquired lands of the respondents/claimants of an extent of Ac.7-31 gts situated in Annaram village, Karimnagar District from Rs.4,440/- per acre to Rs.7,500/- per acre for the dry land and from Rs.7,000/- to Rs.12,500/- for the wet land pursuant to the notiﬁcation issued under Section 4 (1) of the Land Acquisition Act and Award dated 2-1-1988. The learned Government Pleader for Appeals appearing for the appellant submits that the Court below erroneously relied on Exs.A.1, 3 and A.4, the certiﬁed copies of the decrees in O.P.No.431 of 1984, O.P.No.91/1985 and O.P.No.92 of 1986 respectively, on the ﬁle of Subordinate Judge, Karimnagar and A.S.No.216 of 1985 of this Court, the lands under which are not comparable in terms of fertility, nature and proximity, and therefore, the Court below ought not to have enhanced the compensation. The question that arises for consideration in this appeal is whether Exs.A.1 to A.4 are the relevant documents and whether enhancement of compensation is just and reasonable or excess. It is not in dispute that the lands of the respondents/claimants of an extent of Ac.7-31 gts situated in Annaram village, Karimnagar District was acquired for excavation of canal-DDM-4 pursuant to the notiﬁcation issued under Section 4 (1) of the Land Acquisition Act published in the Gazettee on 28-09-1986. The award was passed on 2-1-1988 awarding the compensation at Rs.4,440/- per acre for the dry land and Rs.7,000/- per acre for the wet land. Dissatisﬁed with the same, the claimants sought reference to the Civil Court under Section 18 of the Land Acquisition Act for enhancement of the compensation, and on reference, the reference Court enhanced the compensation from Rs.4,440/- per acre to Rs.7,500/- per acre for the dry lands and from Rs.7,000/- per acre to Rs.12,500/- per acre for the wet lands. Ex.A.1 is a decree passed in respect of the lands of the same Annaram village acquired for excavation of canal-DDM-4 and as per the decree passed in O.P.No.431/1984 dated 31-12-1984 the compensation awarded by the Land Acquisition Oﬃcer at Rs.3,700/- per acre for the dry land and Rs.6,500/- per acre for the wet lands was enhanced to Rs.7,500/- per acre and Rs.12,500/- per acre respectively, and the Judgment and decree in O.P.No.431/1984 under Ex.A.1 was conﬁrmed by the Judgment of the High Court in A.S.No.216/1985 under Ex.A.2. Admittedly, the lands acquired under Exs.A.1 and A.2 are more than two years prior to the acquisition of the lands in question. As per Ex.A.3, the lands of an extent of Ac.3-31 gts situated in the same Annaram village were acquired for the self same purpose and the compensation ﬁxed by the Land Acquisition Oﬃcer was at Rs.3,700/- per acre for the dry land was enhanced to Rs.7,500/- per acre. Therefore, it can be said that Exs.A.1 to A.4 relates to the acquisition of the lands in respect of the same village for the self same purpose, which is much prior to the acquisition of the land in question. Therefore, it cannot be said that enhancement of meagre compensation from Rs.4,440/- per acre to Rs.7,500/- per acre for the dry land and Rs.7,000/- per acre to Rs.12,500/- per acre to the wet lands is excess. Therefore, we are of the opinion that the compensation ﬁxed by the reference Court is just and reasonable which reﬂects the true market value. For the foregoing reasons, the appeal is without any merit and it is accordingly dismissed conﬁrming the Judgment and Decree dated 25-09-1996 in O.P.No.62 of 1989 on the ﬁle of Subordinate Judge, Karimnagar. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 23-11-2011 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 ) APPEAL SUIT No.1036 of 1998 DT.23-11-2011 GRK