THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE K.S. APPA RAO A.S.No. 2405 of 2001 Oral Judgment: This appeal is directed against the judgment dated 29.03.2001 passed by the Additional District Judge, Nizamabad, enhancing the compensation awarded by the Land Acquisition Officer from Rs.350/- per acre to Rs.2,700/- per acre. Heard the learned Government Pleader for Appeals and the learned counsel for the respondents-claimants. The land of the respondents-claimants in an extent of Acs.13.05 guntas was acquired by the Government because of submergence under S.R.S. Project, by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 on 11.08.1969. The Land Acquisition Officer, having conducted award enquiry, fixed the compensation for the acquired land at Rs.350/- per acre. On reference, the Court below enhanced the compensation for the acquired land from Rs.350/- per acre to Rs.2,700/- per acre, and such enhancement is assailed by the appellant contending that the same is on the higher side. It was the contention of the respondents-claimants before the Court below that there is long delay of more than twenty two years in making the reference to the Court, as a result they are put to utmost hardship and loss and that the Land Acquisition Officer has not made any enquiry for the determination of the market value of the acquired lands and prayed for enhancement of the compensation @ Rs.20,000/- per acre for dry lands and @ Rs.25,000/- per acre for dry B.C. lands. As per the pleadings of the respective parties, the land under reference to an extent of Acs.13.05 guntas has been acquired along with the lands of others of Sangam village. Before the Court below, RW-2, Bhudevi, who is a resident of Ratnapur village, was examined wherein she stated that about twenty years back, the government acquired her lands for S.R.S.P. Pochampad. The Land Acquisition Officer fixed the compensation @ Rs.400/- per acre for dry lands. When the matter was referred to the Civil Court, the Court could enhanced the compensation to Rs.7,500/- per acre and that she is the claimant No.27 in the said O.P.No.312 of 1986. The Court below, basing on the evidence of the said witness, noted that the value of the dry land was about Rs.7,500/- per acre. The Court below also found that the land covered under Ex.B-1 i.e., the subject matter in O.P.No.312 of 1986, situated in Ratnapur village, which is a neighbouring village, was submerged in the same project. As seen from the impugned order, the Court below came to the conclusion that the market value of the acquired land, as on the date of notification, was not less than Rs.2,700/- per acre since the dry lands were converted into wet with the waste water of Nizam Sagar canal. Even though the appellant contends that the compensation enhanced is disproportionate to the market value of the land, the fact remains, in enhancing the compensation, the Court below while considering the case of the respondent-claimant for enhancement of the compensation, took into consideration Ex.B1-certified copy of the judgment in O.P.No.312 of 1986, wherein the Court enhanced the compensation from Rs.400/- to Rs.7,500/-. The land covered by the said O.P. is situated in the neighbouring village called Ratnapur, which was also submerged under the same project. The compensation, as enhanced by the Court below, is very meager. However, considering the potentiality of the acquired land, we are of the considered opinion that the compensation enhanced by the Court below does not warrant any reduction by this Court in appeal. Hence, the appeal is dismissed. No order as to costs. ______________ N.V. RAMANA, J ______________ K.S. APPA RAO, J Dated: 22nd June, 2011 KSR