IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE NOUSHAD ALI A.S. No.49 of 2000 Between: The Special Deputy Collector (Land Acquisition Officer) Industries, Hyderabad ..... APPELLANT AND M.Satyanarayana and 7 others .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE NOUSHAD ALI A.S. No.49 of 2000 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) This appeal is filed by the Special Deputy Collector (Land Acquisition Officer) Industries, Hyderabad, aggrieved by the order dated 02.08.1999 in O.P.213/1986 on the file of the II Additional Senior Civil Judge, R.R.District at Saroornagar, Hyderabad. 2. The lands of the respondents/claimants of an extent of Ac.13.31 gts in Sy.No.865 situated in Medchal village of Medak District were acquired for the purpose of development of industrial area. The total extent of land about Ac.79.23 gts in Sy.Nos.844/2, 847, 856, 860,861, 862, 866, 867, 869/2 and 870, and an extent of Ac.33.17 gts in Sy.Nos.845/2, 848/2, 865 and 868 were acquired under the same notification issued under Sec.4(1) of the Land Acquisition Act published on 03.01.1980. The Land Acquisition Officer awarded compensation @Rs.9,000/- per acre in respect of the lands situated in Sy.No.865, and @Rs.8,000/- per acre in respect of the lands situated in Sy.Nos.845/2 and 848/2. Dissatisfied with the said compensation, the claimants filed an application before the Land Acquisition Officer seeking to refer the matter to Civil Court under Sec.18 of the Land Acquisition Act for fixation of just and proper market value for the acquired lands. Accordingly, the matter was referred to the II Additional Senior Civil Judge, R.R.District at Saroornagar, Hyderabad in O.S.213/1986 and the Reference Court by order dated 02.08.1999 fixed the compensation @Rs.6.67ps per sq.yard for the acquired lands. 3. It is the case of the respondents/claimants before the Reference Court that as per Ex.B1 Award dated 11.11.1983, the Land Acquisition Officer himself fixed a different rate for the acquired lands. He fixed the market value @Rs.8,000/- in respect of the lands situated in Sy.Nos.848/2 and 845/2 stating that they were situated interior from the main road, but whereas he fixed the market value @Rs.9,000/- per acre in respect of the lands situated in Sy.Nos.865 and 868 stating that they were situated facing the National Highway. 4. The learned Government Pleader appearing for the appellant submits that the Reference Court under Ex.A4 order dated 11.04.1984 in O.P.474/1983 fixed the market value @Rs.4.30ps per sq.yard in respect of the lands in Sy.No.848/2 and this Court also upheld the said decision of the Reference Court by order dated 15.03.1989 in A.S.Nos.1694 and 1994 of 1985 while dismissing both the appeals filed by the Government, and hence the claimants herein are only entitled for compensation as fixed by the Reference Court under Ex.A4 order in O.P.474/1983 @R.4.30ps per sq.yard. 5. We have heard both the learned counsel. It is the case of the respondents/claimants that the acquired lands in Sy.No.865 of Medchal village are abutting the National Highway and the Land Acquisition Officer himself fixed the market value @Rs.9,000/- per acre keeping in view of the location of the acquired lands, whereas the lands covered by Ex.A4 order in O.P.474/1983 are in Sy.No.848/2, which are situated interior from the National Highway whereas the acquired lands in Sy.No.865 are sitauted facing the National Highway and therefore, it cannot be said that the claimants are entitled to the same rate of compensation as fixed under Ex.A4 order in O.P.474/1983 dated 11.04.1984. 6. The first respondent/claimant was examined himself as PW 1 and he stated that the lands in Sy.No.848/2 are situated very interior from the main road, but whereas the lands acquired in Sy.No.865 are situated facing the National Highway. Therefore, it cannot be said that the claimants are entitled to the same rate as was fixed by the Reference Court under Ex.A4. We are of the opinion that the Reference Court rightly distinguished the location of acquired lands covered under Ex.A4 order and the acquired lands in Sy.No.865 of Medchal and rightly fixed the compensation @Rs.6.67 ps per sq.yard. It is not in dispute that Medchal is very near to Greater Hyderabad Municipal Corporation limits and it is situated abutting the National Highway. In view of proximity of the acquired land to the main road, the Reference Court fixed the market value of the acquired lands @Rs.6.37 per sq.yard. We are of the opinion that the compensation fixed by the Reference Court @Rs.6.37ps per sq.yard is justifiable. We do not see any infirmities legal or otherwise to interfere with the said order. 7. The Appeal Suit is accordingly dismissed. It is needless to say that the respondents/claimants are also entitled to all the statutory benefits as per the amended provisions of Sec.23(1-A), 23(2) as well as Sec.28 of the Land Acquisition Act. No order as to costs. _____________________ V.ESWARAIAH,J _________________ NOUSHAD ALI,J Dated: 21.09.2010 Dsr