THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO A.S.No.1685 of 1998 JUDGMENT: (per the Hon’ble Sri Justice V.Eswaraiah) This appeal is filed by the claimant aggrieved by the order, dated 25- 09-1996, passed in O.P.No.37 of 1994 on the file of the Subordinate Judge, Siddipet, wherein the said O.P. filed by the claimant was dismissed confirming the award, dated 18-04-1994, passed by the Land Acquisition Officer. The lands of the appellant to an extent of Ac.0-30 gts., in Sy.No.912 and Ac.1-30 gts., in Sy.No.913 situated at Wargal village and mandal, Medak District, were acquired for the purpose of providing house sites to the weaker sections, pursuant to 4(1) Notification, and the Land Acquisition Officer, after conducting enquiry, passed an award, dated 18-04-1994, fixing the market value @ Rs.10,000/- per acre, as against the claim of Rs.60/- per sq. yard. Not satisfied with the said award, the appellant sought reference under Section 18 of the Act and after such reference, the claim petition was registered as O.P.No.37 of 1994. The Reference Court, after due enquiry, dismissed the O.P., confirming the award passed by the Land Acquisition Officer. Aggrieved thereby, the present appeal is filed by the claimant. Learned counsel appearing for the appellant contended that the court below failed to consider the sale transactions in respect of Exs.A-1 to A-4 and also the evidence of PWs.1 to 3 and therefore, the order of the court below is liable to be set aside. It is further stated that for acquiring the land in the very self same Wargal village, two months prior to the present Notification, the Land Acquisition Officer fixed the market value @ Rs.10,000/- per acre. On reference, the Reference Court enhanced the compensation from Rs.10,000/- per acre to Rs.40,000/- per acre. On appeal by the claimant therein, this court in A.S.Nos.1666 and 1922 of 2001, vide its common judgment, dated 01-02- 2007 enhanced the compensation from Rs.40,000/- per acre to Rs.90,000/- per acre. On the other hand, the learned Government Pleader appearing for the respondent submits that the court below after hearing both sides and after considering the evidence available on record rightly dismissed the O.P. confirming the award passed by the Land Acquisition Officer. Therefore, the appeal is liable to be dismissed. We have perused the common judgment passed in A.S.Nos.1666 and 1922 of 2001. Aggrieved by the order, dated 28-02-2001, passed in O.P.No.38 of 1994, the claimant therein and the Land Acquisition Officer preferred A.S.Nos.1666 and 1922 of 2001 respectively. This Court by common judgment, dated 01-02-2007, enhanced the compensation from Rs.40,000/- per acre to Rs.90,000/- per acre. However, the learned counsel appearing for the appellant contended that a copy of the said O.P. could not be filed before the court below, as the said O.P. was disposed of on 28-02-2001 i.e., subsequent to the disposal of the present O.P. In the aforesaid case, the land to an extent of Ac.8-09 gts., situated at the very self same Wargal village, was acquired for the purpose of providing house sites to the weaker sections, pursuant to 4(1) Notification, dated 23-10- 1992 and award was passed on 24-03-1994 fixing the market value @ Rs.10,000/- per acre. On reference, the learned Senior Civil Judge, Siddipet, after taking into consideration the various sale transactions for the years preceding to 4(1) Notification, enhanced the market value from Rs.10,000/- per acre to Rs.40,000/- per acre. Aggrieved thereby, the claimant therein filed the said appeal and this Court while taking into consideration the various sale deeds filed in the said O.P., enhanced the market value from Rs.40,000/- per acre to Rs.90,000/- per acre. In the aforesaid case, 4(1) Notification relating to the very self same Wargal village was given two months prior to the present Notification. Therefore, we do not see any grounds to deviate from the order of this Court passed in A.S.Nos.1666 and 1922 of 2001, dated 01-02-2007. Therefore, the appellant is also entitled for compensation @ Rs.90,000/-per acre. Hence, the market value of the acquired lands is fixed at Rs.90,000/- per acre. The appellant is also entitled to 12% additional market value on the said amount from the date of issuance of 4(1) Notification till the date of passing of award and interest @ 9% per annum on the enhanced compensation from the date of issuance of 4(1) Notification for a period of one year and thereafter @ 15% per annum till realisation. The appellant is also entitled to all statutory benefits. Accordingly, the appeal is allowed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date: 01-12-2011 Prv