THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO APPEAL SUIT NO.1649 of 1999 JUDGMENT : ( per Hon’ble Sri Justice Ghulam Mohammed, J ) The appeal suit is filed by the Land Acquisition Officer- Revenue Divisional Officer, Warangal District, against the judgment and decree dated 8-12-1998 passed in OP No.231 of 1988 by the Principal Senior Civil Judge, Warangal. 2. The brief facts of the case are:- the land of the claimants- respondents herein to an extent of Ac.1.19 cents of land situated in Sy.No.18 of Wardhanapet Village was acquired for the purpose of construction of Bus Station, Wardhanapet. The notification under Section 4 (1) of the Land Acquisition Act was issued on 19-5-1986. The Land Acquisition Officer passed award dated 29-8-1988 fixing the market value for the acquired lands at Rs.20,000/- per acre. The claimants-respondents herein received the compensation awarded by the Land Acquisition Officer under protest and sought for reference under Section 18 of the Act for enhancement of compensation. On reference, the civil Court taken the same on file being OP No.231 of 1988. The claimants in support of their case examined four witnesses. The 1st claimant was examined himself PW-1 and marked exhibits A-1 and A-7 and on behalf of the LAO, RW-1 was examined and marked Exs.B-1 and B-2. 3. The reference Court by the impugned judgment and decree enhanced the compensation from Rs.20,000/- per acre to Rs.1,93,600/- per acre. Hence this appeal by the State. 4. Heard the learned Government Pleader for Appeals and the learned counsel for the respondents-claimants. 5. The lands in question in an extent of Ac.1-19 cents situated in Sy.No.18 of Wardhanapet Village was acquired for the purpose of construction of Bus Station, Wardhanapet. It is stated that the lands acquired is adjoining to Warangal-Khammam high-way road. The reference Court considered the sale transaction under Ex.A-2 under which land to an extent of 300 sq. yards in Sy. No.29 was sold for Rs.9,000/- which comes to Rs.30/- per sq. yard and also the evidence of the Sarpanch of Wardhanapet Village who was examined as PW-2 on behalf of the claimants, deposed that the vicinity of the acquired area was already developed prior to the acquisition. The value of transaction of land covered by Ex.A-2 was Rs.30/- per sq. yard which was prior to 4 (1) notification and therefore, the reference Court fixed the marked value for the acquired at Rs.40/- per sq. yard. The reference Court also observed that in a similar acquisition matter where the reference Court has fixed the marked value at Rs.30/- per sq. yard, the claimants therein carried the matter in appeal and this Court enhanced the compensation to Rs.50/-per sq. yards and the 4(1) notification in that case was nine months later to the notification in the instant case. In view of the facts and circumstances of the case, we do not find any flaw in the compensation arrived at by the reference Court. The appeal is meritless and it is accordingly dismissed. The respondents-claimants are entitled to all statutory benefits. No order as to costs. ___________________________ Ghulam Mohammed, J __________________________ Nooty Ramamohana Rao,J Dated :21-12-2009 Nrg.