THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE TWENTY NINTH [29H] DAY OF APRIL, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE A.GOPAL REDDY & HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2308 of 2000 Between: The Special Deputy Collector, L.A.Unit, Huzurabad … Appellant And: Abdul Hur & 121 others … Respondents HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2308 of 2000 JUDGMENT:[Per AGR, J] The Special Deputy Collector (Land Acquisition), Huzurabad, filed this appeal under Section 54 of the Land Acquisition Act, against the award of the Subordinate Judge, Huzurabad in OP No.10 of 1996 dated 16.10.1996. 2. On the requisition of the Executive Engineer, I.D. Division, Huzurabad, an extent of Ac.14.22 guntas of land, belonging to the respondents-claimants was acquired by the Government for excavation of DBM-13 canal in the limits of Molangur village, by issuing draft notification under Section 4(1) of the Land Acquisition Act (for short ‘the Act’), followed by the draft declaration under Section 6 of the Act. Both the notification and declaration were published in the A.P. Gazette on 30.10.1984. The Land Acquisition Officer, after complying the due formalities, passed an award, fixing the market value of the acquired land at Rs.6,000/- per acre vide Award No.12/1986-87 dated 28.01.1987. Dissatisfied with the fixation of the market value, the claimants sought for reference of the matter to the civil Court under Section 18 of the Act. On reference being received by the civil Court in the above OP, 6th claimant filed claim statement, which was adopted by other claimants, seeking compensation for the acquired land at Rs.35,000/- per acre. 3. To substantiate their claim for enhancement of the compensation, PWs.1 to 4 were examined and Exs.A.1 to A.3 were marked on behalf of the claimants. On behalf of the Referring Officer, RW.1 was examined and Ex.B.1 award and B.2 map were marked. 4. Claimant No.14, who was examined as PW.1, and Claimant No.6, who was examined as PW.2, stated that prior to acquisition of the land, some other lands in the same village were acquired, in which award was passed by the Land Acquisition Officer, fixing the market value at Rs.5,800/- per acre and on reference being made at the instance of the claimants in OP No.129 of 1985, the civil Court enhanced the compensation to Rs.20,000/- per acre. Further, in OP No.78 of 1988, the Land Acquisition Officer fixed the compensation at Rs.5,000/- per acre, which was enhanced to Rs.17,800/- per acre by the civil Court. PW.3, who is one of the claimants in OP No.129 of 1985, also substantiated the same, stating that the compensation fixed by the Land Acquisition Officer at Rs.5,800/- was enhanced to Rs.20,000/- per acre. PW.4, who is the son of the vendor of Ex.A.2, stated that his mother sold an extent of Ac.0-10 guntas of land in Sy.No.682 in the same village to Primary Agricultural Cooperative Society for a sum of Rs.10,000/-, which works out to Rs.40,000/- per acre. The said evidence of the claimants had not been rebutted by the Land Acquisition Officer. In view of the same, the market value of the acquired land was ranging at Rs.20,000/- per acre as on the date of the acquisition. Further, the civil Court enhanced the compensation from Rs.5,800/- to Rs.20,000/- in OP No.129 of 1985, whereas in the present case, the Land Acquisition Officer awarded only Rs.6,000/- per acre. Therefore, the claimants are entitled to more compensation than what was awarded in OP No.129 of 1985 dated 13.09.1985. 5. Considering the evidence adduced by the claimants, we are of the view that the market value fixed by the reference Court at Rs.17,800/- per acre, is just and reasonable compensation and we are not inclined to interfere with the fixation made by the reference Court. 6. In the result, the appeal is dismissed. No order as to costs. _________________ A.GOPAL REDDY, J ___________________ G.V.SEETHAPATHY, J Date: 29.04.2010 Bss/lrkm