THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 2257 of 2000 DT.5.12.2011 Between: The Special Deputy Collector, LA Unit Huzurabad, Warangal … Petitioner And Shanigaram Durgaiah and others … Respondents Counsel for the Petitioner: G P for Appeals Counsel for respondents: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 2257 of 2000 JUDGMENT : (Per Sri Justice V.Eswaraiah) The Land Acquisition Officer, filed this appeal questioning the enhancement of compensation by the reference Court and fixing it at Rs.20,000/- per acre. Pursuant to the notification dated 10.10.1988, the lands of the respondents/claimants in the limits of Narlapoor, Puligilla, Choutparthy and Charlapalli villages were acquired for excavation of branch canal of Kakatiya canal at 4L of DBM 31 at K.M. 2.000 to 5.050. After conducting enquiry, the Land Acquisition Officer fixed the market value of the lands of Narlapoor and Cherlapalli villages at the rate of Rs.8,500/- per acre and Rs. 9,500/- per acre in respect of lands of Puligilla and Choutaparthy villages. Dis-satisfied with the said compensation, the claimants sought for reference and the matter was referred under Section 18 of the Land Acquisition Act, to the Court of II Additional Senior Civil Judge, Warangal. The reference Court enhanced the compensation and fixed it at Rs.20,000/- per acre. Hence, the appeal. Though notices were served on respondents 1, 29 and 30 none appeared on their behalf. Notices were served on respondents 9, 17, 20,21,22, 37, 38, 40 and 42 and they are represented by Mr.P. Prabhakar Reddy, who was called absent when the matter is taken up. Though, notices were not served on respondents 2 to 8, 10, 11 to 16, 18, 19, 23 to 28, 31 to 36, 39 and 41, instead of keeping the matter pending, we have heard the appeal on merits. Before the reference Court, the claimants examined P.W.1 to P.W.3 and marked Ex.A1 to A.5. On behalf of respondent R.W.1 was examined and Ex.B1 and B2 i.e., the award and award proceedings were marked. Ex.A.1 is copy of the registered sale deed dated 13.10.1982 whereunder land to an extent of Ac.0.10 guntas in Survey number 288 was sold for Rs.5,000/- i.e., Rs.20,000/- per acre. Further, Ex.A4 is certified copy of the order passed in O.P. No. 75 of 1989 on the file of the Principal Sub Judge, Warangal, whereunder in respect of lands in Rayaparthy, Venkatapur, Puligilla, Varikole and Issipet, acquired for the similar purpose, the market value was fixed at Rs.20,000/- per acre. Taking into consideration the said evidence available on record, the reference Court has fixed the market value at Rs.20,000/- per acre. Admittedly, the transaction covered by Ex.A1 is dated 13.10.1982 and it is about six years prior to the date of notification i.e.., 10.10.1988 and in fact the claimants are entitled to some escalation thereon. In such circumstances, it cannot be said that the market value fixed by the reference Court is exorbitant, warranting interference of this Court. Therefore, the order under appeal dated 13.4.1998 is confirmed on all counts. There are no merits in the appeal and the same is hereby dismissed. No costs. _____________ V ESWARAIAH,J _____________ K.S. APPA RAO,J DATE:05.12.2011 TVK