HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.1372, 1515 and 1595 of 1999 Dated: 26-04-2010 A.S.No.1372 of 1999 Between: The Special Deputy Collector, Land Acquisition Unit, Huzurabad. Appellant AND Nampally Narsaiah & Others. Respondents. A.S.No.1515 of 1999 Between: The Special Deputy Collector, Land Acquisition Unit, Huzurabad. Appellant AND Manda Mallaiah & Others. Respondents. A.S.No.1595 of 1999 Between: The Special Deputy Collector, Land Acquisition Unit, Huzurabad. Appellant AND Kusuma Veeranna & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.1372, 1515 and 1595 of 1999 COMMON JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) These three appeals are arising out of the same common order and the issue involved is one and the same, and therefore, they are heard together and are being disposed of by this common judgment. These appeals by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) are directed against the orders of II Additional Senior Civil Judge, Warangal, dated 28.2.1998 made in O.P.Nos.113, 114 and 115 of 1989 respectively, whereby the compensation for the acquired land was enhanced from Rs.7,000/- & 9,500/- to Rs.20,000/- per acre. Various extents of land belonging to the claimants-respondents herein situated in Ankushapuram and Mogullapalli Villages was acquired by Government for the purpose of Kakatiya Canal, by publishing draft notifications under Section 4(1) of the Act on 17.10.1987, 19.10.1987 and 28.11.1987 respectively. The Land Acquisition Officer after conducting enquiry, passed separate awards fixing the market value of the acquired land at Rs.9,500/- per acre in O.P.1372 of 1999 and Rs.7,000/- per acre in O.P.Nos.114 and 115 of 1999. The claimants having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimants appeared and filed claim statements before the reference Court claiming compensation at Rs.50,000/- per acre. Since all the O.Ps. raise identical issue, the reference Court clubbed all the O.Ps. and passed common order. To prove the market value, on behalf of the claimants, P.Ws.1 to 4 were examined and Exs.A.1 to A.4 were marked. On behalf of the referring Officer, R.W.1 was examined Exs.B.1 to B.6 were marked. On a consideration of the evidence available on record, the reference Court enhanced the compensation by fixing the market value at Rs.20,000/- per acre. Aggrieved by the same, the present appeals are filed by the Land Acquisition Officer. P.W.1, the claimant in O.P.No.113 of 1989 deposed that with regard to the acquisition of the lands of Issipet, Medarlapet, which are adjacent villages, for the very same purpose, the Land Acquisition Officer fixed the market value at Rs.7,000/- per acre, and that on reference being made to the civil Court in O.P.Nos.165 of 1989 and O.P.No.69 of 1990, it was enhanced to Rs.20,000/- per acre. To prove the same, the certified copies of the common order, dated 30.11.1995 made in O.P.Nos.164, 165 of 1989 and 61 of 19990 was marked as Ex.A.1. Further, P.W.3, one of the claimants in O.P.No.164 of 1989 deposed that his lands and the acquired lands are almost adjacent to each other, and that for acquisition of his land in Issipet Village for the purpose of Kakatiya Canal, the Land Acquisition Officer awarded compensation at Rs.7,000/- per acre and on reference being made, it was enhanced to Rs.20,000/- per acre by the reference Court. Now, the learned Government Pleader for Appeals fairly conceded that A.S.No.487 of 1998 filed against O.P.No.164 of 1989 and A.S.No.111 of 1999 filed against O.P.No.165 of 1989 were dismissed by this Court on 17.8.2001 confirming the enhancement of market value by the reference Court at Rs.20,000/- per acre. Therefore, we are of the opinion that the claimants herein are also entitled to the same market value as awarded by the reference Court in O.P.Nos.164 of 1989 and batch marked as Ex.A.1, and as confirmed by this Court in A.S.Nos.487 of 1998 and 111 of 1999. In the result, the appeals are dismissed confirming the market value fixed by the reference Court. No costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 26, 2010 G.V. SEETHAPATHY, J. Tsr.