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 G. BHAVANI PRASAD DATE 19.01.2010 ASNO. 2342 OF 1993 Between: The Land Acquisition Officer and Special Deputy Collector, Sriramsagar Porject ..... APPELLANT AND Challa Bhojanna S/o Nachanna and 23 others .....RESPONDENTS JUDGMENT : (per Hon’ble Sri Justice Ghulam Mohammed) The Special Deputy Collector and Land Acquisition Officer has filed this appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) aggrieved by the judgment and decree in OP No. 82 of 1989 dated 5.2.1993 on the file of the learned Additional District Judge, Nizamabad, wherein and whereby the Civil Court, on reference under Section 18 of the Act, enhanced the Compensation from Rs. 8,000/- to Rs. 20,000/- per acre. 2. Brief facts of the case are that an extent of Ac. 14.33 guntas of dry land belonging to the claimants situated at Busapoor Village was acquired for the purpose of excavation of Laxmi Canal under Sri Ram Sagar Project vide notification published in the Gazettee, dated 30.4.1986 issued under Section 4(1) of the Act. The possession of the land was taken by the Government on 1.9.1985, 7.11.1985 and 30.1.1986 and the Land Acquisition Officer after following the procedure prescribed under law, awarded compensation of Rs. 8,000/- per acre. The 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 Additional District Judge, Nizamabad in O.P.No. 82 of 1989. The learned Additional District Judge upon appreciation of both oral and documentary evidence made available on record, fixed the market value of the acquired land at Rs. 20,000/- per acre. Hence, this appeal. 3. In order to establish the claim, on behalf of the respondents/claimants, respondent/claimant No. 14 was examined as PW-1 and got marked Exs A.1 and A2 and on behalf of referring Officer, none were examined but award copy was marked as Ex. B1. 4. The learned Additional District Judge Nizamabad fixed the market value of the acquired land at Rs. 20,000/- per acre taking into consideration the award passed in Ex. A1, wherein after considering the sale deeds, the reference Court enhanced the market value of the land at Rs. 15,000/- per acre vide O.P.No. 218 of 1987 and Ex. A2 is the certified copy of the judgment in O.P.No. 268/84, wherein the market value of the dry land was fixed at Rs. 20,000/- per acre; and for wet land the market value was fixed at Rs. 25,000/- per acre. The learned Judge also granted 30% solatium and interest at 9% per annum from the date of taking possession of respective lands of the claimants for one year and thereafter 15% per annum till the date of realization both on market value and solatium. 5. The learned Government Pleader vehemently contended that the Land Acquisition Officer has rightly fixed the market value, but on reference, the reference Curt enhanced the compensation from Rs. 8,000/- per acre to Rs. 20,000/- per acre without giving any justifiable grounds. 6. The point that arises for consideration is whether the compensation was rightly determined by the trial Court or not. 7. It is to be noticed in this case that an extent of Ac. 14.33 guntas of land was acquired for the purpose of Sri Ram Sagar Project by issuing notification under Section 4(1) of the Act. The Land Acquisition Officer awarded the compensation at Rs. 8,000/- per acre. Not satisfied with the compensation awarded, claimants sought reference under Section 18 of the Act and the lower Court taking into consideration of the material made available on record and especially taking into consideration of Ex. A1, wherein vide O.P.No. 218 of 1987 the reference Court fixed the market value of the land at Rs. 15,000/- per acre and also taking into consideration of Ex. A-2, wherein vide O.P.No. 268/84 the reference Court awarded a sum of Rs. 20,000/- per acre for the dry land and Rs. 25,000/- per acre for the wet land situated at Nallur Village, enhanced the market value of the land from Rs. 8,000/- to Rs. 20,000/- per acre. 8. In view of the above finding and also in the circumstances of the case, we do not find any infirmity in the Judgment passed by the reference Court under Section 18 of the Act and the reference Court has rightly enhanced the compensation at Rs.20,000/- per acre. We see no merits in the appeal. 9. Accordingly, the appeal is dismissed. There shall be no order as to costs. ___________________ GHULAM MOHAMMED,J _________________​______ G. BHAVANI PRASAD, J 19th FEBRUARY 2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies