HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO DT. 31-5-2010 AS No.3177/2000 The Special Deputy Collector, Land Acquisition unit-II, Karimnagar, …Appellant V. 1.Hussain Bin Award ..Respondent The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO AS No.3177/2000 JUDGMENT: (Per the Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) by the Special Deputy Collector Land Acquisition Unit-II, Karimnagar is filed questioning the enhancement of compensation made by II Additional District Judge, Karimnagar, in OP No.513/92 dt. 29-11-1993. On the requisition made by the Executive Engineer, I & PD, CD-2, Lower Maneru Dam, the Government acquired a total extent of 1569 acres of patta land in Hasnapur village for the purpose of submergence under Lower Maneru Dam reservoir by publishing draft notification and draft declaration simultaneously on 24-3-1977. After following due formalities, the Land Acquisition Officer fixed the market value at R.4000/- for wet double crop land; Rs.2920/- per acre for wet single crop land under tank and Rs.2720/- per acre for wet single crop land under Nandi-nala and Rs.1320/- per acre for dry land. The land sought to be acquired in the present case falls under last category ie., dry land. Dissatisfied with the quantum of compensation, the claimant sought for a reference under Sec. 18 of the Act and the matter was referred to the Civil Court. Before the reference court, P.Ws.1 and 2 were examined and Exs.A-1 to A-8 were marked on behalf of the claimant. On behalf of the referring officer, Land Acquisition Officer himself was examined as R.W.1 and Ex.B-1 to B-8 were got marked. The reference court, after considering the evidence adduced by the parties, by the impugned award fixed the market value of the dry land at Rs.10,000/- per acre. For the lands covered by same notification, and the lands in question are situated in Hasnapur village, the Supreme Court in K.KRISHNA REDDY V. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION UNIT-II, LMD, KARIMNAGAR, ANDHRA PRADESH[1] fixed the market value of the acquired land at R.25,000/- per acre regardless of categorization. Following the same, this court in several appeals fixed the market value of the land acquired at Hasnapur village at Rs.25,000/- per acre. In the present case, certified copy of judgment in AS No.3544/1985 on the file of this Court fixing the market value at Rs.25000/- per acre for the lands situate in Hasnapur village was marked a Ex.A-1. Since the claimant claimed compensation at Rs.10,000/- per acre before the Land Acquisition Officer for dry lands and the award passed is prior to Act.68/1984 coming into force, the reference court fixed the market value at Rs.10,000/- per acre. The Apex Court in LAND ACQUISITON OFFICER-CUM- DSWO V. B.V.REDDY AND SONS[2], (a case went from this court) categorically held that restriction placed on reference court not to award compensation in excess of the amount claimed by the claimant though removed by amendment, the same will have prospective in operation and would apply only to acquisitions made subsequent to 24-9-1984. In view of the same, we are of the considered opinion that the market value fixed at Rs.10,000/- per acre for dry land is quite reasonable and it does not call for any interference. The appeal suit is accordingly dismissed. No costs. ___________________ A. GOPAL REDDY, J ________________ RAJA ELANGO,J Date:-31-5-2010 kmr . [1] AIR 1988 SC 2123 [2] AIR 2002 SC 1045