THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1021 OF 2001 DT.19.12.2011 Between: P Narasimha and ors … Petitioners And The Land Acquisition Officer, Achampet, Mahaboobnagar … Respondent Counsel for the Petitioner: Sri A Narasimha Reddy Counsel for respondent: G P for Appeals The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1021 OF 2001 JUDGMENT : (Per Sri Justice K.S. Appa Rao) Aggrieved by the order passed in O.P. No. 45 of 1992 dated 12.8.1994 on the file of the Subordinate Judge, Nagarkurnool, the present appeal is filed. The appellants herein are claimants in O.P. No.45 of 1992 and their land in an extent of Ac.7.68 cents in survey No.1 was acquired for the purpose of providing house sites to the weaker sections pursuant to notification under Section 4 (1) of the Land Acquisition Act dated 29.7.1985. The Land Acquisition Officer, after conducting enquiry fixed the market value of the acquired lands at Rs.2,000/-. Being aggrieved by the same, the claimants sought for reference and the matter was referred to civil Court and the same was numbered as O.P. No. 45 of 1992 on the file of the Subordinate Judge, Nagarkurnool. On behalf of the claimants, P.W.1 and 2 were examined and documents in Ex.A.1 and A.2 were marked. On behalf of the respondent/referring officer, R.W.1 was examined and award proceedings were marked as Ex.B1. On consideration of the matter, the reference Court enhanced the compensation from Rs.2,000/- to Rs.4,000/- per acre. Being aggrieved by the same, the claimants filed the present appeal. Learned counsel for appellants submitted that though the lands acquired fetch more than Rs.10,000/- per acre, the reference Court failed to consider Ex.A.2/ copy of the order in O.P. No.45 of 1987 dated 28.2.1989 and erroneously fixed the market value at Rs.4,000/- and sought for enhancing the compensation to Rs.10,000/- per acre. On the other hand, the learned Government Pleader for Appeals, while supporting the judgment of the reference Court sought for dismissal of the appeal. The point for consideration in the present appeal is; Whether the order of the reference Court fixing the compensation at Rs.4,000/- per acre is just and reasonable ? The claim of the claimants is based on EX.A.2 i.e., order passed in O.P. No. 45 of 1987, wherein the reference Court, awarded the compensation at Rs.12,000/- per acre. Admittedly, the lands acquired situate in Chowtupalli village yields commercial crops and the lands covered by the order in O.P. 45 of 1987/Ex.A.2 situate at a distance of 2 ½ KMs from the acquired lands. Except the evidence of P.W.1, 2 and Ex.A.2 no other evidence was adduced by the claimants in support of their claim for enhancement. Further, the order in O.P. No. 45 of 1987 did not specify the date of acquisition of the lands acquired therein. However, taking into consideration the proximity of years of acquisition and the distance between the acquired lands and the lands covered by Ex.A2, we are of the opinion that it would be just and proper to enhance the market value fixed by the reference Court by Rs.2000/- per acre. Accordingly, the order under appeal is modified and the market value is enhanced from Rs.4,000/- to Rs.6,000/- per acre together with all statutory benefits. Subject to above, the appeal is partly allowed. No costs. _____________ V ESWARAIAH,J _____________ K.S. APPA RAO,J DATE:19.12.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1021 OF 2001 DT.19.12.2011