HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.1707 OF 1994 Dt.8.9.2010 Between: The Special Deputy Collector, L.A & Reh. Srisailam Project, Wanaparthy ..Appellant And Chakali Tirpalu ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.1707 OF 1994 JUDGMENT: (Per Sri Justice V.Eswaraiah) Though the appellant – Special Deputy Collector, Land Acquisition, Srisailam Project, Wanaparthy, failed to file a petition to bring the legal representatives of the deceased sole respondent, as directed by this Court, the appeal is liable for dismissal for non-compliance of the orders of this Court dated 18.8.2010. We are of the opinion that on merits of the case also, the appellant is not entitled for any relief. The facts of the case are that the property of the respondent-claimant i.e., houses, house sites and compound walls situate in Malleshwaram village were acquired for the purpose of construction of Srisailam Hydro Electric Project across the river Krishna pursuant to the draft notification issued under Section 4(1) of the Land Acquisition Act (for short, the Act) published in A.P.Gazette No.29, dated 24.7.1975 and the Land Acquisition Officer passed award No.10 of 1979, dated 14.2.1979, fixing the compensation payable to the respondent-claimant and the respondent received the same under protest and filed application for reference under Section 18(2) of the Act. Pursuant to the said reference, the Reference Court on the basis of the compensation awarded for the lands acquired in Yaparla village which is a neighbouring village to Malleshwaram village pursuant to the same notification for the same purpose in O.P.No.1036 of 1980 and batch on the file of the District Court, Mahabubnagar, which was marked as Ex.A-1, dated 25.4.1981, wherein the Reference Court enhanced compensation for houses, house sites and compound walls at Rs.440.08 per Sq.meter for houses, at Rs.219.25 per running meter for the compound walls and at Rs.20/- per sq.meter for the house sites acquired, which was also upheld by this Court in A.S.No.1903 of 1981, dated 7.11.1988, which was marked as Ex.A-2, has fixed the compensation. Therefore, the Reference Court considering the evidence available on record held that the claimant is entitled for enhancement of compensation amount for the houses at the rate of Rs.440/- per sq.meter and Rs.20.39 per running feet for the acquired compound walls and at Rs.20/- per sq.meter for the house sites acquired in Malleshwaram village along with other statutory benefits. Therefore, the compensation fixed by the Reference Court is not excessive as the said compensation was also upheld by this Court in respect of neighbouring village. We do not see any merit in the appeal. The appeal is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH, J. ________________ NOUSHAD ALI, J. 8.9.2010 kpr