THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.2609 OF 2001 JUDGMENT: (per THE HON’BLE SRI JUSTICE K.S. APPA RAO) 1. Aggrieved by the judgment and decree dated 25.9.1987, passed by the Subordinate Judge, Medak, in O.P.No.113 of 1986, the present appeal is filed. 2. The land in dispute was acquired for the purpose of construction of Nizamsagar Project under 4(1) notification dated 21.6.1979. The Land Acquisition Officer awarded the compensation in respect of dry lands at the rate of Rs.2,500/- per acre, for SCW lands at the rate of Rs.4,500/- per acre and DC lands for Rs.7,500/- per acre as per the award dated 29.10.1983. 3. At the request of the claimants, the matter was referred to the Reference Court under Section 18 of the Land Acquisition Act for determination of the compensation and the reference court after due enquiry enhanced the compensation in respect of the dry lands from Rs.2,500/- per acre to Rs.4,000/- per acre and for SCW lands from Rs.4,500/- per acre to Rs.6,000/- per acre and for DCW lands fromRs.7,500/- per acre to Rs.10,000/- per acre with all statutory benefits. Being aggrieved by the same, the Government has preferred the present appeal. 4. Now the point that arises for consideration is whether the enhancement of compensation awarded by the Reference Court is just and reasonable and that the impugned order of the Reference Court is sustainable? 5. Before Reference Court on behalf of claimants P.W.1 was examined and Ex.A.1 C.C of order in O.P.No.109 of 1986 was marked. According to the evidence of P.W.1, the Land Acquisition Officer has not considered the case of the claimants and awarded meagre amount of compensation. It is admitted fact that the lands of the claimants in the present acquisition are similar in fertility to the land in O.P.No.109 of 1986 on the file of the same court. To rebut the same, no evidence was adduced on behalf of the Government. In the absence of any oral or documentary evidence rebutting the said evidence of P.W.1 on that score on behalf of the Government, it can be said that the finding in O.P.No.109 of 1986 is conclusive. The Reference Court well discussed the evidence on record and fixed the market value of the land basing on the aforesaid award in O.P.No.109 of 1986. Admittedly, the Government has not preferred any appeal against the award in O.P.No.109 of 1986. Therefore, the award in O.P.No.109 of 1986 has attained the finality. Hence, we do not see any grounds to interfere with the finding of the Reference Court in enhancing the compensation as fixed by the Land Acquisition Officer. 6. In the result, the Appeal Suit is dismissed while confirming the impugned award of the Reference Court in O.P.No.113 of 1986 dated 25.9.1987. It is needless to say that the claimants are entitled to all the benefits of the amended Act, 68 of 1984. __________________ V.ESWARAIAH,J __________________ K.S. APPA RAO,J December, 20, 2011 Gk. THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.2609 OF 2001 Date:20.12.2011 Gk.