HONOURABLE MR.JUSTICE GHULAM MOHAMMED AND HONOURABLE MR.JUSTICE NOOTY RAMAMOHANA RAO APPEAL SUIT No.575 of 1990 JUDGMENT: (Per Hon’ble Mr.Justice Ghulam Mohammed) This appeal is filed by the claimant assailing the validity and legality of the judgment rendered by the reference Court in O.P.No.29 of 1985 dated 07/09/1989 whereby and whereunder the Land Acquisition Officer determined the compensation of non- fertile lands at the rate of Rs.2,000/- in respect of Group II and in respect of Group III at Rs.1500/-. On a reference under Section 18 of the Land Acquisition Act, the same was enhanced by the trial Court to Rs.3,500/- and Rs.3,000/- respectively. Dissatisfied with the reference, the claimant filed this appeal. The brief facts of the case are as follows: The land of the appellant in Sy.Nos.169, 170, 173-2A, 171/2, 175/7B was acquired by the Government after issuing notification under Section 4 (1) of the Act which was published in the official gazette dated 21/04/1977 for construction of breached Uravakonda Tank Bund and for submergible area of Uravakonda tank along with various other lands of other claimants situated at Uravakonda in Anantapur District. The lands of the appellant have been categorized into categories viz., fertile and non-fertile lands and grouped as I, II and II. Now the Land Acquisition Officer passed an award on 07/01/1978 fixing the market value of the land in respect of Group I lands i.e., fertile land at the rate of Rs.6,500/-. In respect of Group II lands, the Land Acquisition Officer taking into account the sale statistics fixed the market value at the rate of Rs.2,000/- and in respect of Group III at Rs.1,500/-. Claimants have contested the award and on protest, the Land Acquisition Officer made a reference under Section 18 of the Act. Before the reference Court, the claimant examined P.W.1 and no documents were marked and on behalf of the Land Acquisition Officer no witnesses were examined but Ex.B-1 was marked on his behalf. The Court after proper adjudication enhanced the compensation in respect of Group II lands from Rs.2,000/- to Rs.3,500/- and in respect of Group III lands from Rs.1500/- to Rs.3,000/-. But on appeal with regard to the very same notification this Court by its judgment in A.S.No.591 of 1992 dated 15/06/1992 enhanced the compensation irrespective of the groups and fixed market value of the lands in question at the rate of Rs.5,000/- per acre. It is represented by the learned Government Pleader that the said judgment has become final since the matter has not been carried to the Supreme Court. In view of the submission of the learned Government Pleader, this Appeal is accordingly allowed only in respect of enhancement of compensation. No order as to costs. _____________________ GHULAM MOHAMMED, J _________________________ NOOTY RAMAMOHANA RAO, J Date: 23-12-2009 SKM