THE HON’BLE SRI JUSTICE B.PRAKASH RAO And THE HON’BLE SRI JUSTICE P.DURGA PRASAD LAAS NO. 279 of 2006 JUDGMENT: ( Per the Hon’ble Sri Justice B.Prakash Rao) Heard Sri K.Rathangapani Reddy, learned counsel appearing for the appellant and the learned Government Pleader for Appeals appearing on behalf of the respondent-State. This appeal arises under Section 54 of the Land Acquisition Act, 1894 {“the Act” for brevity}, assailing the correctness of the order dated 14.12.2000 in O.P.No.84 of 1991 on the file of the Senior Civil Judge, Nandyal, in determining the compensation fixed by the Court below at Rs.15,000/- per acre. The brief facts of the case are that as per the notification dated 25-08-1989 issued under Section 4 (1) of the Act, the lands in question were acquired for the purpose of formation of W.B.M.Road from 0/0 to 1/74 of Nandyal-Pulimaddi. Thereafter, the Land Acquisition Officer passed an award fixing the market value at Rs.7500/- per acre. Not being satisfied with the same, the claimant sought reference. Before the Court below, the claimant examined RWs.1 to 3 and marked Exs.X1 to X5. No oral evidence was adduced on behalf of the Referring Officer, but Ex.A1 was marked. The Court below, after evaluating the material placed before it, fixed the market value of the land at Rs.15,000/- per acre, apart from granting other benefits. During the course of arguments, learned counsel appearing on behalf of the claimant-appellant submits the subject matter of this appeal is squarely covered by the judgment of this Court in A.S.No.394 of 2001 and batch, dated 04.09.2006, fixed the market value at the rate of Rs.75,000/- per acre, pertaining to the same village, wherein the land was acquired on 26.08.1989. In fact, in the said appeal, the reference Court fixed the market rate at Rs.1,20,000/- per acre which was reduced to Rs.75,000/- per acre after deducting 2/5th towards development. Having heard the learned counsel for the appellant and on perusal of the material available on record, it is seen that the acquisition pertains to the same village but the date of notification is one day prior to the date of notification in the said appeal i.e., on 25.08.1989. In view of the same, following the judgment dated 04.09.2006 in A.S.No.394 of 2001 and batch, we hold that the appellant-claimant is entitled to market rate at Rs.75,000/- per acre. It is needless to mention that the appellant-claimant is entitled to all the statutory benefits as per the amended provisions of the Act. No costs. Accordingly, the appeal is allowed subject to the extent indicated above. No costs. ___________________ B.PRAKASH RAO,J ____________________ P.DURGA PRASAD,J rkk Dated: 21-3-2011