THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.Nos.741, 1368, 1684 of 1998 and 793, 816 and 2107 of 2002 COMMON JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) Since similar questions arise for consideration in these appeals, the same are heard and taken up together for disposal by way of common judgment. A.S.Nos.741 of 1998 and 1368 of 1998 are filed by the Land Acquisition Officer, HUDA, Hyderabad, against the common order, dated 28-10-1997 in O.P.Nos.140 and 141 of 1989 respectively on the file of the I Additional Subordinate Judge, Ranga Reddy District. A.S.No.1684 of 1998 is filed by the claimants against the order, dated 13-06-1997 in O.P.No.233 of 87 on the file of the II Additional Subordinate Judge, Ranga Reddy District. A.S.Nos.793 of 2002 and 816 of 2002 are filed by the claimants against the common order, dated 16-10-2001 in O.P.Nos.91 and 135 of 1989 respectively on the file of the I Additional Senior Civil Judge, Ranga Reddy District. A.S.No.2107 of 2002 is filed by the claimant against the order dated 26-04-2001 in O.P.No.130 of 1989 on the file of the II Additional Senior Civil Judge, Ranga Reddy District. In all these appeals, the lands in Sy.Nos.7, 8, 9, 10 and 142 of Karmanghat village, Saroornagar Mandal, Ranga Reddy District, were acquired by HUDA for the purpose of formation of inner ring road, pursuant to notification under Section 4(1) of the Land Acquisition Act and different awards were passed by the Land Acquisition Officer fixing different market values. A.S.Nos.741 of 1998 and 1368 of 1998 are filed by the Land Acquisition Officer, HUDA, Hyderabad, against the common order, dated 28-10-1997 in O.P.Nos.140 and 141 of 1989 respectively on the file of the I Additional Subordinate Judge, Ranga Reddy District. The lands of the respondents-claimants therein to an extent of 464 sq. yards and 8803-20 sq. yards were acquired by the HUDA, pursuant to 4(1) Notification and the Land Acquisition Officer fixed the market value @ Rs.6.67 paisa per sq. yard, after deducting 1/3rd towards developmental charges and also granted all statutory benefits accrued thereon. On reference, at the instance of the respondents-claimants, the Reference Court in O.P.Nos.140 and 141 of 1989 fixed the market value @ Rs.30/- per sq. yard. Aggrieved thereby, the Land Acquisition Officer filed A.S.Nos.741 and 1368 of 1998. A.S.No.1684 of 1998 is filed by the claimants against the order, dated 13-06-1997 in O.P.No.233 of 87 on the file of the II Additional Subordinate Judge, Ranga Reddy District. The lands of the respondents-claimants therein to an extent of Ac.1-32 gts. and 42 sq. yards were acquired by the HUDA, pursuant to 4(1) Notification and the Land Acquisition Officer fixed the market value @ Rs.10/- per sq. yard. On reference, at the instance of the respondents-claimants, the Reference Court dismissed O.P.No.233 of 87 confirming the market value fixed by the Land Acquisition Officer @ Rs.10/- per sq. yard. Aggrieved thereby, the claimants filed A.S.No.1684 of 1998. A.S.Nos.793 of 2002 and 816 of 2002 are filed by the claimants against the common order, dated 16-10-2001 in O.P.Nos.91 and 135 of 1989 respectively on the file of the I Additional Senior Civil Judge, Ranga Reddy District. The lands of the respondents-claimants therein to an extent of 498 sq. yards and 760 sq. yards were acquired by the HUDA, pursuant to 4(1) Notification and the Land Acquisition Officer fixed the market value @ Rs.6.67 paisa per sq. yard, after deducting 1/3rd towards developmental charges. On reference, at the instance of the respondents-claimants, the Reference Court in O.P.Nos.91 and 135 of 1989 fixed the market value @ Rs.10/- per sq. yard, after deducting 1/3rd towards development charges. Aggrieved thereby, the claimants filed A.S.Nos.793 of 2002 and 816 of 2002. A.S.No.2107 of 2002 is filed by the claimant against the order dated 26-04-2001 in O.P.No.130 of 1989 on the file of the II Additional Senior Civil Judge, Ranga Reddy District. The land of the respondent- claimant to an extent of 340 sq. yards in Sy.Nos.7 to 10 of Karmanghat village was initially acquired for formation of ring road, pursuant to 4(1) Notification published on 24-10-1983 and award No.10/86, dated 23- 09-1986 was passed by the Land Acquisition Officer fixing the market value @ Rs.6.67 paisa, after deducting 1/3rd towards developmental charges. The plot situated in the same survey number was claimed by the Defence Co-operative Housing Society Limited, Hyderabad. The Secretary of the said Society filed W.P.No.5456 of 83 challenging the acquisition proceedings in respect of the lands held by the Society and the individual members also filed W.P.No.5726 of 1983 challenging the acquisition proceedings and this court by judgment, dated 12-03-1986 allowed the said writ petitions and quashed the draft declaration issued under Section 6 of the Land Acquisition Act in respect of the lands held by the Society at Karmanghat village and directed to conduct enquiry under Section 5 of the Land Acquisition Act, after giving opportunity to the landholders. Therefore, 5-A enquiry was conducted and fresh draft declaration under Section 6 of the Land Acquisition Act was published in the A.P.Gazette, dated 16-02-1987. Therefore, earlier 4 (1) Notification, dated 24-10-1983 remains same. On reference, at the instance of the claimant, the Reference Court in O.P.No.130 of 1989 fixed the market value @ Rs.10/- per sq. yard. Aggrieved thereby, the claimant filed A.S.No.2107 of 2002. Thus, it is not in dispute that all the lands in the appeals are covered by draft notification issued under Section 4(1) in the year 1983 alone on different dates. Learned counsel appearing for the Land Acquisition Officer, HUDA, submits that in respect of the lands acquired in villages of Sultan Valva Kharmanghat, Jillelaguda and Bairamalguda of Saroornagar Mandal, Ranga Reddy Distirct, pursuant to draft Notification under Section 4(1) of the Act, dated 24-10-1983, the Land Acquisition Officer fixed the market value @ Rs.6.67 paisa per sq. yard, after deducting 1/3rd towards developmental charges. On reference, the Reference Court, by order, dated 24-10-2001, in O.P.No.133 of 89, fixed the market value @ Rs.10/- per sq. yard. Aggrieved thereby, the claimant in O.P.No.133 of 89 filed A.S.No.2419 of 2001 before this Court and a Division Bench of this Court by judgment, dated 29-03-2007, after considering the oral and documentary evidence, fixed the market value @ Rs.20/- per sq. yard. We are of the opinion that this court, after considering the oral and documentary evidence, fixed the market value @ Rs.20/- per sq. yard, since one of the sale transactions referred to by the Referring Officer would also go to show that beneficiary purchased the land @ Rs.20/- per sq. yard. Hence, the claimants are entitled for Rs.20/- per sq. yard in respect of the acquired lands. We do not see any other material to come to a different conclusion from that of the aforesaid order. No other material is placed before us by either side and both parties fairly submit that the subject matter of these appeals, which were acquired for the common purpose pursuant to same 4(1) Notification, is squarely covered by the judgment of the Division Bench of this Court in A.S.No.2419 of 2001, dated 29-03-2007. Accordingly, the appeals filed by the Land Acquisition Officer are dismissed and the appeals filed by the claimants are allowed in part fixing the market value @ Rs.20/- per sq. yard. It is needless to observe that the claimants are also entitled for all statutory benefits accrued thereon. There shall be no order as to costs. ________________ V. ESWARAIAH, J ________________ NOUSHAD ALI, J Dated: 05-10-2010 Prv