HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.976 OF 1999 Dt.22.6.2010 Between: Paladagu Nageswara Rao (died) and others ..Appellants And Land Acquisition Officer-cum-Sub Collector, Vijayawada and another ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.976 OF 1999 ORDER: (Per Sri Justice V.Eswaraiah) The undisputed facts are that the Land Acquisition Officer-cum- Special Collector, Vijayawada, passed award No.14 of 1979, dated 17.12.1979, in respect of the lands acquired to an extent of Ac.147.61 cents in various survey numbers in Payakapuram village for rehabilitation of slum dwellers. Part of the lands of the appellants to an extent of Ac.15.67 cents in different survey numbers was acquired by the said award. The 1st appellant who died was claimant No.1 and the 2nd appellant who died was claimant No.2. The Land Acquisition Officer awarded compensation at the rate of Rs.8,500/- per acre and on reference the Principal Subordinate Judge, Vijayawada, in O.P.No.22 of 1986 confirmed the compensation by order, dated 31.3.1997. The 1st claimant claimed compensation at the rate of Rs.6,00,000/- per acre and the 2nd claimant prayed for payment of compensation for more than Rs.35,000/- per acre. But the court below declined to enhance the compensation and confirmed the award of the Land Acquisition Officer. The Land Acquisition Officer classified the lands acquired in two groups. Group A consists of dry crop lands and Group B consists of wet crop lands though they are classified as dry. The Land Acquisition Officer has fixed the value of the dry land in Group A at Rs.7500/- per acre and the value of the wet land in Group B at Rs.8500/- per acre. The lands to an extent of Ac.3.28 cents in Sy.No.59/4B, which was also acquired under award No.14 of 1979 (marked as Ex.A-18 by this Court) was the subject matter of O.P.No.230 of 1980 on the file of the Principal Subordinate Judge, Vijayawada, and the learned Subordinate Judge enhanced the compensation from Rs.8,500/- to Rs.22,500/- per acre and the claimants in the said award Kallam Gopi Reddy and Kallam Seetamaha- lakshmamma also filed A.S.No.78 of 1983 on the file of this Court and this Court by judgment dated 9.2.1989 dismissed the appeal confirming the order of the Principal Subordinate Judge, Vijayawada in O.P.No.230 of 1980, dated 2.8.1982. Another claimant Kurra Rami Reddy whose land was also acquired under award No.14 of 1979, the Land Acquisition Officer awarded compensation at the rate of Rs.7500/- per acre and on reference the learned Principal Subordinate Judge, Vijayawada in O.P.No.232 of 1980 enhanced the compensation from Rs.7500/- to Rs.25,000/- by order dated 7.6.1982 (marked as Ex.A- 17). The said claimant Kurra Rami Reddy also filed A.S.No.3425 of 1982 and this Court confirmed the said award by judgment, dated 30.3.1989. The claimants alone filed the appeals against various awards. Neither the Land Acquisition Officer nor the Municipal Corporation of Vijayawada filed any appeals against the said award. The judgment of the court below in O.P.No.230 of 1980, dated 2.8.1982 (marked as Ex.A-16) was also confirmed by this Court in A.S.No.78 of 1983 by judgment dated 9.2.1989 awarding compensation at the rate of Rs.22,500/- for the lands in Group B. The said copies of the awards were not placed before the learned Subordinate Judge who passed the order impugned. As the said orders which were also confirmed by this Court was not marked during the course of trial for want of the aforesaid relevant documents, the court below was handicapped in considering the contentions of the claimants for awarding the true market value prevailing as on the date of 4(1) notification. In similar category of lands the same Reference Court earlier enhanced the compensation in various other O.Ps. This Court also in similar cases has already upheld the market value at Rs.22,500/- per acre. Therefore, we are of the opinion that the appellants are entitled for enhanced compensation from Rs.8,500/- to Rs.22,500/- per acre. Accordingly, the appeal is allowed in part enhancing the compensation from Rs.8,500/- to Rs.22,500/- per acre. It is needless to mention that the claimants are entitled for other statutory benefits as awarded by the Land Acquisition Officer. There shall be no order as to costs. _______________ V.ESWARAIAH, J. _______________ NOUSHAD ALI, J. 22.6.2010 kpr