HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE B.CHANDRA KUMAR L.A.A.S.No.382 of 2008 JUDGMENT: (Per the Hon'ble Sri Justice A.Gopal Reddy) The Special Deputy Collector, (Land Acquisition Unit), PJP, Gadwal, preferred this appeal under Section 54 of the Land Acquisition Act, 1894 (for short, “the Act”) questioning the order dated 21.08.2007 passed by the Senior Civil Judge, Gadwal in O.P.No.11 of 2005 enhancing the market value of the acquired lands @ Rs.60,000/- per acre, as against Rs.23,000/- per acre awarded by the Land Acquisition Officer. The brief facts of the case in nutshell are that an extent of Ac.12-14 guntas of land comprising of various survey numbers situated at Rechintala village of Atmakur Mandal was acquired for excavation of Distributory No.6 from KM 19.000 to 21.650 KM PJP, by issuing a draft notification under Section 4(1) of the Act on 24.02.1999. After due inquiry, the Land Acquisition Officer passed award No.56/99 dated 15.07.1999 fixing the market value of the land at Rs.23,000/- per acre. Dissatisfied with the compensation awarded, the claimants sought for a reference under Section 18 of the Act claiming compensation @ Rs.80,000/- per acre. In support of their case, the claimants examined P.Ws.1 to 3 and got marked Exs.A1 to A3. On behalf of the Land Acquisition Officer, she herself examined as R.W.1 and marked Ex.B1 - Award No.56 of 1999 dated 15.07.1999. The reference Court relying on Ex.A1 certified copy of common order in O.P.No.42 of 1990 and batch and Ex.A2 certified copy of common order in A.S.Nos.1447 to 1474 of 1994 in which for the lands acquired 10 years ago this Court confirmed the award passed by the reference Court fixing the compensation at Rs.30,000/- per acre and after giving escalation @ 10% per year, awarded compensation at Rs.60,000/- per acre. The learned Government Pleader for Land Acquisition fairly conceded that the lands acquired under Exs.A1 and A2 are in the adjacent village and similar to the lands acquired under these proceedings. The learned counsel for the claimants submitted that the reference Court basing on Exs.A1 and A2 and after assigning valid reasons enhanced the compensation to Rs.60,000/- per acre and the same is justified. It is not in dispute that the lands acquired in Rechintala village are adjacent to the lands at Medipalli village and the land belonging to P.W.2 was acquired by the Land Acquisition Officer under Section 4(1) of the Act through the notification on 06.04.1989 and in that case the reference court enhanced the market value of the land to Rs.30,000/- per acre and the same was confirmed by this Court vide Ex.A2. It is also not in dispute that Motlampally Village is adjacent to Rechintala village and the land belonging to P.W.3 was acquired through notification under Section 4(1) of the Act dated 10.08.1999. The evidence of P.W.1 also shows that Jawar, Bajra, groundnut, red gram, cotton etc., were raised in dry lands and paddy, groundnut and cotton were raised in wet lands. It is not in dispute that the lands situated at Medipally village were acquired in the year 1989. Ex.A2 also shows that this Court enhanced the compensation at Rs.30,000/- per acre, since the compensation for the similarly situated lands about 10 years prior to the present acquisition, was fixed at Rs.30,000/- per acre. Therefore, the reference court is justified in giving escalation @ 10% per year and fixing the compensation at Rs.60,000/- per acre. We do not see any reason to interfere with the order passed by the reference Court. Accordingly, the appeal is dismissed. No order as to costs. ____________________ A.GOPAL REDDY, J. ________________________ B.CHANDRA KUMAR, J. 29th July 2009 LMV