THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.2435 OF 1998 DT.02-12-2011 Between: The Special Deputy Collector, Land Acquisition Unit, SRSP, Karimnagar. … Appellant And Vala Ramchander Rao & 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.2435 OF 1998 J U D G M E N T: (Per Hon’ble Sri Justice V.Eswaraiah) The Special Deputy Collector, Land Acquisition Unit, SRSP, Karimnagar filed this appeal against the Judgment and Decree dated 17-7- 1996 in O.P.No.98 of 1987, on the file of Subordinate Judge, Karimnagar. This appeal is casually filed by the Land Acquisition Officer without any postal address except showing the names of the respondents, therefore, notices could not be served for want of correct postal address. However, we have considered the appeal and it is being disposed of on merits. The lands of the respondents/claimants of an extent of Ac.9-05 guntas situated in Devampalli village of Huzurabad Taluk and Ac.25-03 guntas of Gangipalli village of Karimnagar Taluk was acquired for the purpose of excavation of Kakatiya main canal in 159-160 kilo meters pursuant to the notification issued under Section 4 (1) of the Land Acquisition Act and published in the Gazettee on 23-11-1978. The Land Acquisition Officer, after due enquiry, passed award fixing the market value at Rs.2,000/- per acre. Aggrieved by the same, the claimants sought for reference to the Civil Court under Section 18 of the Land Acquisition Act, and on reference, the reference Court basing on Exs.A.1 and A.4 enhanced the compensation from Rs.2,000/- to Rs.4,500/- per acre. Aggrieved by the same, the Government preferred the present appeal. The reference Court, during the course of trial examined PWs.1 to 4 on behalf of the claimants and marked Exs.A.1 to A.4 and on behalf of the referring officer examined RW.1 and got marked Exs.B.1 and B.2. It is seen from the evidence that Ex.A.1 is the sale deed dated 13-8- 1974, which is four years prior to the present notification where under Ac.1-38 guntas of land was sold at Rs.11,000/- per acre. In respect of the acquisition of the lands of the same village in question, the reference Court enhanced the compensation from Rs.2,000/- to Rs.4,500/- under Ex.A.4-certified copy of Judgment and Decree in O.P.No.156/1985 dated 23-2-1987. The award was passed in Ex.A.4 on 5-3-1980 and the award in the instant case was passed on 28-3-1980, and as the notification relates to the same year and the said order has become final, the reference Court rightly enhanced the compensation from Rs.2,000/- to Rs.4,500/- per acre at the same value as covered under Ex.A.4 order. Therefore, we see no reason to differ with the findings arrived at by the reference Court while enhancing the compensation from Rs.2,000/- to Rs.4,500/- per acre. Accordingly, the appeal is dismissed confirming Judgment and Decree dated 17-7-1996 in O.P.No.98 of 1987, on the file of Subordinate Judge, Karimnagar on all counts. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 02-12-2011 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 V.Eswaraiah ) APPEAL SUIT No.2435 OF 1998 DT.02-12-2011 GRK