THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE K.S. APPA RAO L.A.A.S. No. 1429 of 2005 Oral Judgment: (Per N.V. Ramana, J.) The State represented by the Land Acquisition Officer, Karimnagar, has filed this appeal questioning the judgment and decree dated 19.01.2004 passed by the II Additional District Judge, Karimnagar, in O.P. No. 512 of 1992, enhancing the compensation for the acquired land from Rs.1,360/- per acre for dry land and Rs.2,500/- per acre for single crop lands to Rs.27,000/- per acre, contending that the same is on the higher side and needs reduction. The lands of the respondents-claimants, situated in Yaswada village, Karimnagar, were acquired by the Government by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) on 13.10.1997, for submergence under LMD Reservoir. The Land Acquisition Officer after conducting enquiry passed award dated 21.05.1979 fixing the market value of the acquired land at Rs.1,360/- per acre for dry lands and Rs.2,500/- per acre for single crop lands. The respondents-claimants received the same under protest and sought reference of the matter to the civil Court under Section 18 of the Act. The Court below after considering the evidence placed by both the parties, took the market value of the lands in Hasnapur village for the purpose of fixing the market value of the acquire lands, and accordingly, by reason of the judgment and decree, enhanced the compensation for the acquired land from Rs.1,360/- per acre for dry land and Rs.2,500/- per acre for single crop lands to Rs.27,000/- per acre. The learned Government Pleader for Appeals submitted that Hasnapur and Yaswada are not neighbouring villages and are separated by a river, and as such, the Court below committed an error in taking the market value of the lands situated in Hasnapur village for the purpose of fixing the market value of the acquired lands situated in Yaswada. Hence, he prayed that the enhancement of compensation made by the Court below needs reduction. On the other hand, the leaned counsel for the respondents- claimants supported the judgment and decree under appeal and contended that the Court below considering the small distance between the two villages, which are separated by a river and also the potentiality of the acquired lands, which are situated beside the river, enhanced the market value of the acquired lands, and no interference is warranted therewith. Heard the learned Government Pleader for Appeals for the appellant-Government and the learned counsel for the respondents- claimants and perused the judgment and decree under appeal. There is no doubt that Hasnapur and Yaswada are two different villages, but a perusal of Ex.A3-plan of Yaswada and Hasnapur shows that the distance between the two villages is two Kilometers, and they are separated by a river. The acquired lands are situated in Yaswada village, which is just three kilometers away from Karimnagar town. Yaswada village, it has come in the evidence, has now become part of Karimnagar town. P.Ws. 1 and 2 in their evidence produced Exs. A4 to A7, copies of judgments in respect of the lands acquired in Hasnapur village. It has also come in their evidence that in respect of the said lands, this Court enhanced the compensation to Rs.25,000/- per acre, which was confirmed in further appeal by the Supreme Court. Though Yaswada and Hasnapur are two separate villages, but considering the fact that the distance between the two villages is two kilometers, and further considering the fact that in respect of the lands in Hasnapur Rs.25,000/- per acre, was fixed by the High Court, which was confirmed in further appeal by the Supreme Court and considering the fertility and potentiality of the acquired land, the Court below felt that the same market value, as was fixed for the lands in Hasnapur village, should be fixed for the acquired lands situated in Yaswada village. The Court below further considering the fact that there is gap of two years between the date of acquisition of the lands in Hasnapur village and the present lands, felt it appropriate to enhance the compensation by another Rs.2,000/- per acre, and accordingly fixed the market value of the acquired land at Rs.27,000/- per acre. Considering the fertility and potentiality of the acquired land, we are of the considered opinion that the market value of the acquired land fixed by the Court below at Rs.27,000/- per acre, by no stretch of imagination, can be said to be on the higher side warranting reduction in appeal. For the foregoing reasons, we find no merit in the appeal and the same is accordingly dismissed. The respondents-claimants are entitled to all the statutory benefits. No costs. ________________ N.V. RAMANA, J. _________________ K.S. APPA RAO, J. Dated: 18th July, 2011 KSR