IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO L.A.A.S.NO. 1189 OF 2003 DATE: 24/12/2009 Between: The Special Deputy Collector, Land Acquisition Officer (Industries), Hyderabad ..... Appellant/Referring Officer AND K. Ramulu S/o Mallaiah and five others .....RESPONDENTS/CLAIMANTS JUDGMENT:- (per Hon’ble Sri Justice Ghulam Mohammed) The Special Deputy Collector and Land Acquisition Officer (Industries), has filed this appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) aggrieved by the judgment and decree passed in L.A.O.P.No. 77 of 1999 dated 18.4.2002 on the file of the learned Principal Senior Civil Judge, Ranga Reddy District, wherein and whereby the lower court fixed the market value of the plots at Rs. 300/- per square yard. 2. Brief facts of the case are that the land was acquired from number of persons in small bits ranging from 200 sq. yards to 300 sq. yards, for water supply to twin cities of Hyderabad and Secunderabad from foreshore of Nagarjunasagar Reservoir, L.B. Canal and for construction of Terminal balancing reservoir vide notification published in the Gazettee, dated 20.7.1993 issued under Section 4(1) of the Act. The Land Acquisition Officer after following the procedure prescribed under law fixed the market value of the lands of Karmanghat at Rs. 150/- per square yard. Respondents/claimants received the compensation amount under protest and asked for making the reference under Section 18 of the Act and the Award has been accordingly referred to and taken on file by the Principal Senior Civil Judge, Ranga Reddy District, at NTR Nagar, Hyderabad in O.P.No. 77 of 1999. The learned Principal Senior Civil Judge, Ranga Reddy District upon appreciation of both the oral and documentary evidence made available on record, fixed the market value of the acquired land at Rs. 300/- per square yard. Hence, this appeal. 3. In order to establish the claim, the respondents/claimants examined PWs 1 to 8 and got marked Exs. A.1 to A-5 and on behalf of Referring Officer, RW-1 was examined and no documents were marked. 4. The learned Principal Senior Civil Judge, Ranga Reddy District, fixed the market value of the acquired land at Rs. 300/- per square yard taking into consideration of the sales under Ex.A1 to Ex. A5 that the prices of the plots were ranging between Rs. 234/- to 533/- per square yard and of them Ex. A2 is 20 days prior to the draft notification. He also held that even though the prices fetched under Ex. A3 dated 1.7.1991 and the prices fetched under Ex. A4 dated 5.9.1990 namely Rs. 240/- per square yard are adopted by adding escalation charges and fixed the market value of the acquired plots at Rs. 300/- per square yard. He also held that the claimants are entitled for solatium at 30% per annum and additional amount of market value at 12% per square yard from the date of draft notification or taking possession whichever is earlier till the date of award and interest at 9% per annum from the date of taking possession or the publication of the draft notification under Section 4(1) of the Act whichever is earlier for one year and thereafter @ 15% per annum till the amount is paid or deposited in the Court. 5. We have heard the learned Government Pleader and also the learned counsel for the respondents/claimants. 6. The learned Government Pleader submits that in similar circumstances this Court dismissed the appeal confirming the order passed by the Court below in A.S.Nos. 2100 of 2002 and batch dated 17.10.2008. 7. In view of the above statement, without going into the merits of the case, we hold that we do not find any infirmity in the order passed by the reference Court under Section 18 of the Act and the reference Court has rightly enhanced the compensation at Rs.300/- per square yard. We see no merits in the appeal. 8. Accordingly, the appeal is dismissed. There shall be no order as to costs. ___________________ GHULAM MOHAMMED,J _________________​______ NOOTY RAMAMOHANA RAO, J 24th December , 2009. KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies