THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1209 of 1998 DT.23-11-2011 Between: The Special Deputy Collector, L.A. Unit, LMD, Colony, Kaarimnagar. … Appellant And Thummanapally Narsaiah s/o Devaiah & Ors. … Respondents Counsel for the Appellant: G.P For Appeals. Counsel for respondent: Sri The Court made the following Judgment: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1209 of 1998 J U D G M E N T: (Per Hon’ble Sri Justice V.Eswaraiah) The Special Deputy Collector, L.A. Unit, LMD Colony, Karimnagar filed this appeal aggrieved by the Judgment and Decree dated 21-08-1997 in O.P.No.28 of 1996, on the file of the Subordinate Judge, Huzurabad. Notices sent to the respondents 1 and 2 long back were returned with an endorsement that they died. Insofar as the respondents 6 and 7 are concerned, notices could not be served for want of detail address. Except giving their names and their father’s name, no address has been furnished. Therefore, obviously notices could not be served even after lapse of 3 years and steps could not be taken to get the legal representatives of respondents 1 and 2 on record. Thus, the appeal stands abated against the respondents 1 and 2 and cannot be decided against respondents 6 and 7 for want of service of notice. However, the learned Government Pleader appearing for the respondents submits that in respect of the respondents/claimants 1 to 9 an extent of Ac.1-28 gts of land was acquired for the purpose of excavation of 3R Canal of D.B.M.20 in the limits of Deshrajpalli and Kaniparthy village pursuant to the notification under Section 4 (1) of the Land Acquisition Act published in the Gazettee on 30-08-1986. The Land Acquisition Officer passed the award on 9-2-1989 fixing the compensation at Rs.8,000/- per acre. On reference under Section 18 of the Land Acquisition Act, the reference Court enhanced the compensation from Rs.8,000/- per acre to Rs.13,200/- pr acre based on Exs.A.1 dated 7-2-1985, the certified copy of the registered sale deed which is 1 ½ year prior to the present notification where under the land was sold at Rs.11,000/- per acre. Therefore, the enhancement of compensation by the reference Court is not much higher, but however, it is stated that the interest was erroneously granted from the date of taking possession. However, as the legal heirs of the deceased respondents 1 and 2 could not be brought on record and the notice on the respondents 6 and 7 could not be served, the appeal stands abated against the respondents 1 and 2 and cannot be decided against respondents 6 and 7 for want of service of notice. With the observations as above, the appeal is dismissed. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 23-11-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench delivered by Hon’ble Sri Justice ) APPEAL SUIT No.1209 of 1998 DT.23-11-2011 GRK