THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.650 of 1998 DT.22-11-2011 Between: The Land Acquisition Officer, (Mandal Revenue Officer), Nellikudur. … Appellant And M.Joga Rao (died) per L.Rs. Claimant Nos.5 to 8 & Ors. … Respondents Counsel for the Appellants: 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.650 of 1998 JUDGMENT: (Per Hon’ble Sri Justice K.S.Appa Rao) In spite of reasonable opportunity, the appellant has not taken diligent steps in serving the notices on the respondents. However, having regard to the facts and circumstances, we thought it fit to dispose of the matter on merits. Aggrieved by the Judgment and Decree in O.P.No.94/1996 dated 31-1-1997, on the file of Subordinate Judge, Mahabubabad, the Land Acquisition Officer filed the present appeal. The appellant herein is the respondent in O.P.No.94/1996. The lands of the respondents/claimants in an extent of Ac.2-39 gts in Sy.Nos.8, 9 and 124 of Narasimhulagudem village was acquired for the purpose of providing house sites to the Schedule Caste. The draft notiﬁcation was published on 26-8-1997, and the Land Acquisition Oﬃcer after due enquiry awarded the compensation at Rs.9,600/- per acre and Rs.100/- for each toddy tree. Aggrieved by the said award, the claimants sought reference under Section 18 of the Land Acquisition Act before the Civil Court claiming compensation of Rs.30,000/- per acre. On reference, after due enquiry, the Court below enhanced the compensation from Rs.9,600/- per acre to Rs.15,000/- per acre besides other statutory beneﬁts. Being aggrieved by the same, the present appeal is filed. The learned Government Pleader appearing for the appellant submitted that the Court below without there being any basis enhanced the compensation from Rs.9,600/- per acre to Rs.15,000/- per acre and the same is erroneous. Now the point that arises for consideration in this appeal is whether the amount of compensation enhanced by the Court below from Rs.9,600/- per acre to Rs.15,000/- per acre is just and reasonable or is erroneous. Perused the order impugned. On behalf of the claimants PWs.1 and 2 were examined and got marked Exs.A.1 to A.6. On behalf of the appellant herein, R.W.1 was examined and got marked Exs.B.1 and B.2. Admittedly, Exs.A.1 and A.2 are the agreement of sale dated 30-1-1973 and 23-1-1973 respectively, and the Court below has not given credence to Exs.A.1 and A.2 and placed reliance on Ex.A.3 dated 7-3-1992 and Ex.A.4, the certiﬁed copy in the said decree. The observations of the Court below while deciding the main issue was that one N.Venkateshwar Rao ﬁled W.P.Nos.3573 of 1982 before this Court and the same was allowed on 14-3- 1983. In the said writ petition it was observed that the notiﬁcation was published in Warangal Gazettee on 26-8-1977 and advance possession of the lands in question was taken on 27-5-1982 and the award was passed on 23-09-1996 and there is a gap of 5 years from the date of publication to the date of taking possession and during that period the claimants would have incurred proﬁts. Observing so, the Court below enhanced the compensation from Rs.9,6000/- to Rs.15,000/- per acre. It is an admitted fact that the land in question was acquired for the purpose of house-sites and unless there is a potentiality in the land in question, the Government ought not to have acquired the same for house-sites. The trial Court well discussed the evidence on record and arrived at a just conclusion and granted Rs.15,000/- per acre. In any view of the matter, the enhancement of compensation from Rs.9,600/- per acre to Rs.15,000/- per acre, in our view, is just and reasonable. We see no ground to interfere with the ﬁndings arrived at by the Court below. The appeal is accordingly dismissed conﬁrming the Judgment and Decree dated 31-1-1997 in O.P.No.94 of 1996, on the file of the Subordinate Judge, Mahabubabad. No costs. ________________ V. ESWARAIAH,J _________________ K.S.APPA RAO,J DATE:22-11-2011 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 K.S.Appa Rao) APPEAL SUIT No.650 of 1998 DT.22-11-2011 GRK