HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.231 of 2000 Dated: 26-04-2010 Between: The Special Deputy Collector, L.A. Unit, Warangal. Appellant AND Mallojula Narsaiah & Others. Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.231 of 2000 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is directed against the orders of the Principal Senior Civil Judge, Warangal, dated 12.03.1999 made in O.P.No.82 of 1990 whereby the compensation for the acquired land was enhanced from Rs.7,000/- to Rs.22,500/- per acre. An extent of Ac.6.37 ½ guntas of land belonged to the claimants-respondents herein situated in Vemped Village was acquired by Government for the purpose of excavation of S.R.S.P. Canals by publishing draft notification under Section 4(1) of the Act on 18.5.1989, whereas the possession of the land was taken in advance on 2.4.1983. The Land Acquisition Officer after conducting enquiry, passed an award on 26.3.1990 fixing the market value of the acquired land at Rs.7,000/- per acre. The claimants having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimants appeared and filed claim statements before the reference Court claiming compensation at Rs.50,000/- per acre apart from Rs.20,000/- towards severance. To prove the market value, the claimant No.8 was examined as P.W.1 and one more witness was examined as P.W.2 and Ex.A.1 was marked. On behalf of the referring Officer, no oral or documentary evidence was adduced. On consideration of the evidence available on record, the reference Court basing on certified copy of the order made in O.P.Nos.81 and 83 of 1990, marked as Ex.A.1, fixed the market value at Rs.22,500/- per acre. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. Admittedly, the reference court fixed the market value of the acquired land basing on Ex.A.1, certified copy or the order made in O.P.Nos.81 and 83 of 1990. The land covered by the said O.Ps. was also situated in the same village and was also acquired for the very same purpose through notification under Section 4(1) of the Act, dated 23.8.1988. In the said O.Ps., the Land Acquisition Officer fixed the market value at Rs.9,000/- per acre and on reference being made, it was enhanced to Rs.22,500/- per acre basing upon earlier order passed in O.P.No.211 of 1988, which was also confirmed in A.S.No.595 of 1993 by this Court. Now, the learned Government Pleader for Appeals represents that the appeal preferred by the Land Acquisition Officer in A.S.No.2570 of 2003 against the order made in O.P.No.81 of 1990 has been dismissed by this Court confirming the fixation of the market value at Rs.22,500/- per acre. Inasmuch as the notification issued under Section 4(1) of the Act covered by the present O.P. is one month after the notification covered by O.P.No.81 of 1990, we are of the view that the claimants herein are entitled to the same market value as was fixed and confirmed in O.P.No.81 of 1990. In view of the same, we see no merit in the appeal. The appeal fails and the same is accordingly dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 26, 2010 G.V. SEETHAPATHY, J. Tsr.