THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.Nos.3026 of 1999, 3941 of 2000, 25 of 2000, 1173 of 2000, 2626 of 2000, 3950 of 2000, 3956 of 2000, 3959 of 2000 and 492 of 2007 COMMON JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) These appeals under Section 54 of the Land Acquisition Act, 1894 (for the short “the Act”) by the Land Acquisition Officer-cum-Special Deputy Collector, Yeleru, arise out of the common judgment, dated 20-04-1995 in O.P.Nos.134 of 1989 and batch on the file of the learned Subordinate Judge, Chodavaram. The court below disposed of twenty three (23) O.Ps. involving a total extent of the land of 46.51 cents ranging from Ac.0-05 cents to Ac.2-97 cents situated at Boddapadu village, Devarapalli Mandal, Visakhapatnam District. The Land Acquisition Officer passed award No.19/88, dated 05- 11-1988 fixing compensation @ Rs.3,500/- per acre in respect of the lands acquired, pursuant to the 4(1) Notification issued on 17-05-1984. Aggrieved by the said award, on the applications filed by the claimants to refer the matter under Section 18 of the Act for enhancement of the compensation, the matter was referred to the Reference Court and the Reference Court enhanced the compensation from Rs.3,500/- to Rs.32,640/- per acre and also awarded compensation for the trees, which were not covered by the award. Aggrieved by the said 23 O.Ps., the Land Acquisition Officer filed 23 appeals. Out of 23 appeals, a Division Bench of this Court, after considering the similar contentions of the learned Government Pleader and the learned counsel appearing for the claimants and after considering the evidence available on record, allowed six appeals in A.S.Nos.3903 of 2000 and batch by a common judgment, dated 27-09-2002, setting aside the award passed by the Subordinate Judge, Chodavaram, by observing as follows:- “In the circumstances, having regard to the legislative prescriptions in Sections 18 to 20 of the Act, there is no warrant for the reference court to consider any claims made in a statement filed before it, whether termed as a ‘claim statement or otherwise’, except as those set out in the grounds of objection specified in the written application made to the Collector while seeking a reference to the court. In the written applications made to the Collector, none of the claimants have set out any specified grounds nor have they claimed any specific amount towards compensation, except stating that the compensation awarded for the land is inadequate and does not represent the true market value of the land acquired. In respect of trees, no objection whatsoever is recorded, in the written application made to the Collector. Section 19(1) (a) of the Act requires the Collector to state all the information to the Court in writing .. the situation and extent of land, with particulars of any trees, building or standing crops thereon. The Collector, while making a reference could specify a dispute regarding trees only, if the claimants had raised a specific a specific objection to the aspect of number, variety and compensation for the trees, which they claim were present in the lands, but were not taken into consideration, while passing the award. It is not open for the claimants to make any additional or independent claim for the first time, before the reference court and the reference court has no jurisdiction to adjudicate upon any such additional or new claim. Insofar as the compensation awarded by the Reference Court in respect of the trees are concerned, the learned counsel appearing for the claimants fairly accepted that the claimants are not entitled to any compensation for additional trees. However, he strenuously argued with regard to the compensation fixed by this Court contending that this Court erroneously confirmed the award passed by the Land Acquisition Officer while setting aside the order passed by the Subordinate Judge contrary to the evidence available on record. It is further stated that there was no rebuttal evidence and the lands situated at Bethapudi and Boddapadu are abutting and similar and in respect of the lands acquired at Bethapudi village, the Land Acquisition Officer awarded compensation @ Rs.3,000/- per acre vide Award No.11/83, dated 18-08-83. Aggrieved thereby, the claimants therein requested the Land Acquisition Officer to refer the matter to the Reference Court and on reference, the Reference Court passed the orders in O.P.Nos.87 of 91 to 102 of 91 confirming the orders passed by the Land Acquisition Officer in Award No.11/83, dated 18-08-83. Aggrieved thereby, the claimants therein preferred appeals before this Court and a Division Bench of this Court in A.S.Nos.374 of 2001 and batch, dated 11-12-2006, allowed the appeals in part enhancing compensation from Rs.3,000/- to Rs.8,000/- per acre. Thus, it is stated that the claimants are entitled for compensation @ Rs.8,000/- per acre. With regard to the said contention, the learned Government Pleader appearing for the appellant submits that this Court in A.S.No.3903 of 2000 and batch, rightly declined to rely upon the oral testimony of the claimants that the lands in Bethapudi village are adjacent and immediately contiguous to the acquired lands in Boddapadu village and that the oral testimony in this regard does not inspire confidence of the Court and, therefore, it cannot be said that the claimants are entitled for the same compensation as enhanced in respect of the lands acquired in Bethapudi village. The subject matter of these appeals is squarely covered by the judgment of a Division Bench of this Court in A.S.Nos.3903 of 2000 and batch, dated 27-09-2002, wherein the Division Bench of this Court, after hearing both sides and after considering the oral and documentary evidence, relying on the judgments of the Supreme Court in P.RAM REDDY Vs. LAND ACQUISITION OFFICER[1] and CHATURBHUJ PANDE Vs. COLLECTOR[2], allowed the appeals setting aside the orders passed by the learned Subordinate Judge, Chodavaram, and that the claimants are entitled for the compensation and other benefits as contained in Award No.19/88, dated 05-11-1988. Following the aforesaid judgment in A.S.Nos.3903 of 2000 and batch, dated 27-09-2002, these appeals are allowed setting aside the impugned orders passed by the learned Subordinate Judge, Chodavaram, and the respective respondents- claimants are entitled for the compensation as contained in Award No.19/88, dated 05-11-1988 passed by the Land Acquisition Officer-cum-Special Deputy Collector, Yeleru. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________ NOUSHAD ALI, J Date: 02-08-2010 Prv [1] 1995 (2) SCC 305 [2] AIR 1969 SUPREME COURT 255