THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE K.S. APPA RAO A.S. No. 867 of 2003 Oral Judgment: The State represented by the Land Acquisition Officer, SRSP, Warangal, has filed this appeal questioning the judgment and decree dated 22.04.2002 passed by the II Additional Senior Civil Judge, Warangal, in O.P. No. 13 of 1997, contending that the enhancement of compensation for the acquired land from Rs.22,000/- per acre to Rs.50,000/- per acre is on the higher side and needs reduction. The land of the respondents-claimants in an extent of Acs.48.19½ of land was acquired by the Government by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) on 06.06.1994, for the purpose of excavation of DBM from Km 49.00 to Km 52.800 within the limits of Jaggaiahpet village of Regonda Mandal. The Land Acquisition Officer, having conducted enquiry by following the procedure contemplated under the Act, passed award dated 16.05.1995, determining the market value of the acquired land at Rs.22,000/- per acre. The respondents-claimants having received the compensation under protest, sought reference of the matter to the civil Court under Section 18 of the Act. The Court below after considering the evidence placed by both the parties, by the judgment and decree under appeal, enhanced the compensation for the acquired land from Rs.22,000/- per acre to Rs.50,000/- per acre. Heard the learned counsel for the appellant-claimant and the learned Government Pleader for Appeals for the respondent- Government and perused the judgment and decree under appeal. The contention of the appellant-State that the Court below committed an error in enhancing the compensation for the acquired land from Rs.22,000/- per acre to Rs.50,000/- per acre cannot be accepted. As can be seen from the judgment and decree under appeal, the Court below found that the Land Acquisition Officer, while fixing the compensation for the acquired land at Rs.22,000/- has taken into consideration the sale transactions relating to the lands in Jaggaiapet, Tirumalagiri and Sultanpur villages, and he did not make any attempt to find out the fertility and the location of the acquired land, for the purpose of fixing the market value of the acquired lands. Though the Land Acquisition Officer did not ascertain the fertility of the acquired land, he admitted that the market value of the lands, situated in and around the acquired land, as per the sale transactions executed prior to the acquisition were sold at prices higher than Rs.40,000/-. However, he did not consider this price for the fixation of the market value of the acquired land. P.W.2 in his evidence state that Jaggaiahpet village and Sultanpur villages are adjacent to each other. R.W.1 in his evidence admitted that the lands situated in Jaggaiapet village and Sultanpur village similar in nature and have the same potentiality. He also admitted that the acquired lands are situated in between the lands of Regonda and Sultanpur villages. This apart, in respect of the lands situated in Sultanpur, which was acquired for the very same purpose, the Land Acquisition Officer, passed award dated 16.05.1995, fixing the market value of the acquired land at Rs.26,000/- per acre. Aggrieved thereby, the claimants sought reference of the matter to the civil Court, and the civil Court, vide orders dated 19.06.2000, passed in O.P. No.63 of 1997, which are marked as Exs. A1 and A2, enhanced the compensation from Rs.26,000/- per acre to Rs.50,000/- per acre. This apart, it is the further admitted case of R.W.1 that award in respect of the land covered by Ex. A2 was passed on 16.05.1995, and while award in the present O.P. was also passed on the same day. The order in Ex. A2 attained finality as no further appeal was preferred against the said orders. Since the lands covered by Exs. A1 and A2 and the acquired land are situated in contiguity and have the same potential value, we are of the considered opinion that no exception can be taken to the order under appeal, passed by the Court below enhancing the compensation for the acquired land from Rs.22,000/- per acre to Rs.50,000/- per acre, by placing reliance on Exs. A1 and A2, which attained finality. For the foregoing reasons, we find no merit in the appeal, and the same is accordingly dismissed. No costs. ________________ N.V. RAMANA, J. _________________ K. S.APPA RAO, J. Dated: 18th July, 2011 KSR