THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.310 OF 2005 DATED 20TH DECEMBER, 2010 BETWEEN The Special Deputy Collector (SRSP), L.A. Unit, Warangal. … Appellant/ Referring Officer And Abbaraboina Komuraiah and Others … Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.310 OF 2005 JUDGMENT: (Per SK,J) This appeal by the Special Deputy Collector (SRSP), L.A. Unit, Warangal, respondent in O.P.No.90 of 1999 on the file of the I Additional Senior Civil Judge, Warangal, is against the Order and Decree dated 18.06.2001 passed therein enhancing the compensation awarded to the respondents herein from Rs.21,000/- per acre to Rs.37,500/- per acre. The lands of the respondents admeasuring Ac.25.11 guntas situated in Gopanapally, Nallabelly and Rollakal Villages of Parvathagiri and Wardhannnapet Mandals of Warangal District were acquired for excavation of DBN-51 from KM.0-000 to 4-000 under the Sri Ram Sagar Project. The draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity, ‘the Act of 1984’) was published on 14.03.1997. The Land Acquisition Officer determined the land value at Rs.21,000/- per acre for the purpose of paying compensation. Aggrieved thereby, the respondents sought reference under Section 18 of the Act of 1894. Ex.A.1, a consent Award dated 09.07.1992, marked in evidence by the respondents pertained to land situated in Gopanapally Village of Parvathagiri Mandal which was acquired for the excavation of Kakatiya Canal under DBN-40 from KM 274.410. The market value thereunder was fixed at Rs.45,000/- per acre for double crop wet land and Rs.30,000/- per acre for dry land with red soil. The lands involved in the present case were also dry lands. The material placed on record indicated that the acquired lands were fertile and fit for raising commercial crops. As the lands were proximate to the land covered by the consent Award under Ex.A.1, the reference Court was of the opinion that fixing of the market value at Rs.21,000/- per acre, five years after the consent award recording Rs.30,000/- per acre as the appropriate value for dry land, was meager and required modification. As five years had elapsed since the said acquisition, the lower Court applied escalation at the rate of 5% per year on the base value of Rs.30,000/- fixed under Ex.A.1 and added Rs.7,500/-. Thereby the market value was determined at Rs.37,500/- per acre. The approach of the reference Court in adopting the value fixed under the consent Award cannot be said to be unreasonable. Further, owing to the lapse of time since the earlier acquisition, the lower Court rightly granted the benefit of escalation. The market value fixed at Rs.37,500/- per acre, based on this exercise, cannot be said to be high or opposed to the probabilities of the case. We therefore see no reason to interfere with the Order and Decree under appeal. The Appeal is accordingly dismissed. There shall be no order as to costs. _______________________ GODA RAGHURAM, J. ____________________ SANJAY KUMAR, J. 20TH DECEMBER, 2010. VGSR