THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.S. APPA RAO A.S.No.2339 of 2001 Judgment (Per the Hon’ble Sri Justice A. GOPAL REDDY) The Singareni Colleries Company Limited, Godavarikhani filed this appeal under Section 54 of the Land Acquisition Act aggrieved by the enhancement of compensation made by the Senior Civil Judge, Peddapalli, in O.P.No.84 of 1990, dated 8.3.2001. The Government of Andhra Pradesh acquired Ac.11.22 guntas of land situated at Upparla Kesaram village of Kamanpur Mandal, for the purpose of depillaring of 8-A Incline, by issuing a draft notification under Section 4(1) of the Land Acquisition Act and publishing the same in the Gazette on 05.11.1988. The Land Acquisition Officer, after following the procedure prescribed under the Act passed Ex.B1 award on 31.5.1990 fixing the market value of the acquired land at Rs.3,265/- per acre. Being not satisfied with the same, the claimants sought for reference under Section 18 of the Act for determination of compensation at the rate of Rs.35,000/- per acre. The same was taken on file as O.P.No.84 of 1990. To substantiate the case, on behalf of the claimants, P.Ws. 1 and 2 were examined and Exs.A1-regd. Sale deed, dated 5.1.1987 and A2-copy of award in O.P.No.358 of 1987 were marked. On behalf of the Referring Officer, R.Ws. 1 and 2 were examined and Exs.B1- Award and B2-sale deed dated 9.7.1986 were marked. The trial Court on appreciation of the oral and documentary evidence, allowed the reference partly fixing the market value at the rate of Rs.20,000/- per acre with 30% solatium and with other statutory benefits. Challenging the same, the present appeal is filed. Heard the learned Counsel for the appellant as well as the learned Counsel for the respondents-claimants. It is not in dispute that for acquisition of lands of the same village viz., Upparla Kesaram village, under notification dated 23.5.1986, which is subject matter of O.P.No.99 of 1988, the Land Acquisition Officer fixed the market value at the rate of Rs.2,800/- per acre and on reference, the Civil Court fixed the market value of the same at the rate of Rs.24,000/- per acre + Rs.15,000/- per acre towards compensation for sub-soil mineral rights totaling to Rs.39,000/- per acre. When the claimants therein filed A.S.No.2396 of 2001, this Court disposed of the said appeal along with A.S.No.1304 of 1999 and batch on 15.07.2011 fixing the market value of the acquired land of Uppalakesaram at the rate of Rs.66,000/-. In view of the same and in the absence of any cross-objections filed by the respondents-claimants, we feel that the enhancement made by the Court below is just and reasonable and therefore, it does not warrant any interference by this Court. In the result, the appeal is dismissed. There shall be no order as to costs. _______________ A. GOPAL REDDY, J _______________ K.S. APPA RAO, J Date: 26.08.2011 NN THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.S. APPA RAO A.S.No.2339 of 2001 (Judgment delivered by the Hon’ble Sri Justice A. GOPAL REDDY) 26.8.2011