THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.2708 of 2000 DT.13-12-2011 Between: The Special Deputy Collector and Land Acquisition Officer, Y.R.P. Unit III, Peddapuram … Appellant And Kakarapalli Suryanarayana & ors … Respondents Counsel for the Appellant: G.P. For Appeals Counsel for respondent: Sri The Court made the following Judgment: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.2708 of 2000 J U D G M E N T: (Per Hon’ble Sri Justice K.S.Appa Rao) Aggrieved by the Judgment and Decree dated 29-12-1999 in O.P.No.270 of 1990, on the file of Senior Civil Judge, Peddapuram the Special Deputy Collector and Land Acquisition Officer, Y.R.P. Unit III, Peddapuram filed this appeal. An extent of Ac.1-83 cents in Sy.No.510, Ac.3-06 cents in Sy.No.513 and Ac.6-17 cents in S.No.514/1 of Kambalapalem village was acquired by the Government for the purpose of Yeluru Reservoir Project under Award No.6/1989 dated 4-2-1989, after issuing notification under Section 4 (1) of the Land Acquisition Act (for short ‘the Act’) dated 17-2-1989. The Land Acquisition Officer, after due enquiry, fixed the market value for the entire extent of acquired land at Rs.12,000/- per acre treating the same as dry land and awarded compensation separately towards trees. Dissatisfied with the same, on request by the claimants, the Land Acquisition Officer referred the matter under Section 18 of the Act to the civil Court. The reference Court, after due enquiry, enhanced the compensation from Rs.12,000/- to Rs.40,000/- per acre. Aggrieved by the same, the Government preferred this appeal. Now the point that arises for consideration is whether the enhancement of compensation by the reference Court from Rs.12,000/- to Rs.40,000/- per acre is just and reasonable and is sustainable. Before the reference Court, on behalf of the claimants RWs.1 to 3 were examined and got marked Exs.R.1 to R.3, and on behalf of the Government none were examined and no document was marked. Admittedly, the lands acquired are the agricultural lands situated at Kambalapalem village. The reference Court basing on the documentary evidence Exs.R.1 to R.3 enhanced the compensation. Ex.R.2 is the certified copy of the Judgment of this Court in A.S.2913 of 1996 dated 17-3-1998 for the lands acquired in J.Annavaram village for the same purpose, and this Court enhanced the compensation at the rate of Rs.40,000/- per acre for the dry land and Rs.55,000/- per acre for the wet land. Ex.R.3 is a Photostat copy of the Judgment in A.S.No.2733/1996 and batch dated 26-2-1998 for the lands acquired in Lakkavaram village for the same purpose and this Court fixed the market value at Rs.50,000/- per acre irrespective of classification of the land. Ex.R.1 is the registration extract of sale deed executed by RW.1 for an extent of Ac.0-88 cents of dry land for Rs.40,000/-. To prove the above said transactions, RW.1 was examined on behalf of the claimants. Similarly in A.S.2733/1996 and batch dated 26-2-1998 this Court upheld the genuineness of the original of Ex.R-1 sale deed. Admittedly, the lands in question and the lands covered in Exs.R.2 and R.3 are similar in nature and were acquired for the purpose of Yeleru Reservoir Project. The reference Court well discussed the evidence on record while placing reliance on Exs.R.1 to R.3 and enhanced the compensation at the rate of Rs.40,000/- per acre and the same is just and reasonable. Accordingly, we see no reason to interfere with the said findings of the reference Court. It is submitted by the learned counsel appearing for the claimants that the reference Court has not awarded interest on solatium and additional market value for which they are entitled under the statutory rules as per the amended Act for which the learned Government Pleader fairly conceded. Therefore, the claimants are entitled for statutory benefits including the interest on solatium and additional market value as per the amended Act. In the result, the appeal is dismissed confirming the compensation granted by the Reference Court @ Rs.40,000/- per acre, and holding that the claimants are entitled to interest on solatium and additional market value as per the amended Act. No costs. _______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 13-12-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench delivered by Hon’ble Sri Justice K.S.Appa Rao) APPEAL SUIT No.2708 of 2000 DT.13-12-2011 GRK