THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.2202 OF 2002 JUDGMENT: (Per the Hon’ble Sri Justice N.V. Ramana) The Land Acquisition Officer-Mandal Revenue Officer, Gajwal, filed this appeal challenging the order, dated 28.09.2001, passed by the learned Senior Civil Judge, Siddipet, in O.P.No.73 of 2000. The brief facts of the case are as follows: The Government of A.P. acquired land to an extent of Ac.3.16 gts.,in Sy.No.3 situated at Gajwal for providing house sites to scheduled castes and backward class people, and out of it Ac.2-00 of land belongs to Pogula Kashiram by notification under Section 4 (1) of the Land Acquisition Act dated 6.3.1981. The Land Acquisition Officer passed award on 21.1.1982 granting compensation of Rs.10,000/- per acre. Being dissatisfied with the compensation awarded, the claimants, who are legal heirs of Kasiram, sought for reference under Section 18 of the Act. On reference being made, the claimants appeared before the Court below and filed claim statement claiming compensation at the rate of Rs.50/- to Rs.100/- per sq. yard in addition to the other amended benefits. Before the Court below, the 1st claimant examined himself as P.W.1 and examined one more witness as P.W.2 and got Exs.A1 to A17 marked on behalf of the claimants. On behalf of the Referring Officer, R.W.1 was examined and Exs.B1 and B2 documents were marked. The Court below after considering the evidence on record, answered the reference as follows: (a) Compensation of Rs.12/- per sq. yard over and above of Rs.10,000/- per acre awarded by the Land acquisition Officer for Ac.1.00 land of the claimants; (b) On the enhanced market value 12% interest per annum from the date of notification to award i.e., 6.3.1981 to 21.1.1992 and; (c) Solatium of 30% per annum on the enhanced market value; (d) An interest of 9% only on the enhanced market value from 22.1.1982 till the date of realisation, but not on the solatium; (e) 15% interest per annum if the enhanced amount is not deposited within one year from the date of award and (f) Costs of Rs.10,000/-. Aggrieved by the same, the present appeal is preferred by the Government. Heard and perused the material available on record. The learned Government Pleader for Appeals contended that the compensation fixed by the Court below is illegal and excessive. On a perusal of the material on record, it is clear that the land acquired in the present case and the land covered by Exs.A16 and A17 viz., O.P.No.55 of 1985 are situated in the same survey number and both these lands were acquired for the same purpose and in respect of the lands covered in O.P.No.55 of 1985 the Government fixed the compensation at Rs.10,000/- per acre and on reference made by way of O.P.55/1985, the compensation was enhanced to Rs.13/- per sq. yard and no appeal was preferred against the same and the judgment in O.P.No.55 of 1985 has become final. It is also clear that there is no difference between these lands in fertility, potentiality and nature, but there was a gap of three months between these two acquisitions. All these facts are admitted by the Land Acquisition Officer before the Court below. Considering all these facts and the fertility and nature of the lands in question, the Court below awarded the compensation. Therefore, we feel that the Court below has rightly adjudicated the matter and that the compensation fixed by the Court below does not warrant any interference. In the result, the appeal is dismissed. There shall be no order as to costs. ________________ N.V.RAMANA, J _______________ K.S. APPA RAO, J Dated: 21.06.2011 Nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.2202 OF 2002 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 21.6.2011 Nn