THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR A.S.NO. 1657 OF 1999 Date of Disposal: 25.2.2010 Between: Laxma Goud and others …Appellants and State through Spl. Dy. Collector (LA), Singoor Project, Sangareddy and others …Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR A.S.NO. 1657 OF 1999 JUDGMENT: (Per Hon’ble Sri Justice A. Gopal Reddy, J) 1. This appeal is filed by the claimants against the order, dated 25.11.1998 passed by Senior Civil Judge, Medak in OP No. 32 of 1995 seeking enhancement of compensation for the acquired land. 2. A total extent of Ac.21-10 ½ of land situated at Khadirabad village in Medak district belonging to the claimants was acquired by the Government for submerging in Singoor project. A notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short “the Act”) was issued and published in Andhra Pradesh Gazette No. 237, Part-I, Extraordinary, dated 28.6.1983 and possession was taken on 31.3.1986. The claimants participated in the award enquiry and claimed compensation of Rs.15,000/- per acre, whereas the Land Acquisition Officer awarded the compensation of Rs.5,000/- per acre vide Award No. 14, dated 20.9.1986. The claimants, having not been satisfied with the fixation of the market value, sought for reference to the Civil Court and the matter was referred to the Civil Court. The claimants appeared before the court and filed a memo adopting the claim statements filed before the Land Acquisition Officer. In order to prove the market value, the claimants examined PWs. 1 and 2 and marked Exs. A1 to A4 and on behalf of Referring Officer, R.W.1-Deputy Tahsildar, Land Acquisition, Sanga Reddy was examined and Ex.B1-Award was marked. The Reference Court, after taking into consideration of the oral and documentary evidence adduced by the claimants, fixed the market value of the acquired land at Rs.10,000/- per acre. Having not been satisfied with the said compensation, the claimants have filed the present appeal seeking its enhancement to Rs.12,5000/-. 3. Ex.A1 is the certified copy of order in OP Nos. 15 and 16 of 1988, dated 1.4.1989 whereby the Civil Court fixed the market value of the land at Rs.12,500/- per acre which is adjacent to the acquired land. Ex.A2 is the certified copy of order of this Court in AS No. 2711 of 1990, dated 26.10.1997 which was unsuccessfully preferred by the Land Acquisition Officer against the order in OP No. 149 of 1987 and it is stated that a special leave petition filed against the said judgment was also dismissed by the Supreme Court confirming the fixation of the market value at Rs.12,500/-. Similarly for the lands covered by Ex.A3 and A4 i.e., OP Nos. 3 of 1994 and 13 of 1991 the civil Court fixed the market value at Rs.12,500/- per acre. For the acquisition of lands covered by Ex.A1 i.e., OP Nos. 15 and 16 of 1988, a notification was issued on 1.7.1983 i.e., two days after issuance of notification in the present case and the purpose of acquisition was also same i.e., submergence in Singoor project. As the market value for the adjacent lands covered by Exs.A1 to A4 was fixed at Rs.12,500/-, and the acquired land is similar to that of lands in Exs.A1 to A4, and it was acquired at almost the same time, the claimants-appellants in the present case are also entitled to Rs.12,500/- per acre for the acquired land. 4. We accordingly allow the appeal fixing the market value of the acquired land at Rs.12,500/- (Rupees Twelve Thousand and Five Hundred only) per acre. The claimants are also entitled to additional market value of the acquired land under Section 23 (1A) of the Act and interest on the enhanced compensation amount and solatium as per the guidelines given by the Supreme Court in a judgment reported in Sunder Vs. Union of India [1]. No order as to costs. _______________________ JUSTICE A. GOPAL REDDY ________________________________ JUSTICE VILAS V. AFZULPURKAR Dt.25.2.2010 KR [1] AIR 2001 SC 3516