THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR A.S.NO.4189 OF 2003 JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) Heard Sri K.Subrahmanyam, learned counsel for the appellant and the learned Government Pleader for Appeals for the respondent. The appellant is the claimant, who filed this appeal under Section 54 of the Land Acquisition Act, 1894 {“the Act” for brevity}, seeking to assail the correctness of the order dated 30.09.2002 in O.P.No.50 of 1992 on the file of the Senior Civil Judge, Anakapalli, rejecting the reference purported to have been made under Sections 30 and 31 (2) of the Act, for decision on the dispute in respect of the acquired land. The facts, in brief, which are not in dispute, are that lands admeasuring Ac.0.44 cents, Ac.0.39 cents and Ac.0.08 cents in Survey Nos.144/10, 145/10 and 145/18 respectively, situated at Boddapuvanipalem, Hamlet of Edulapaka Bonangi Village, were acquired by issuance of notification under Section 4 (1) of the Act, dated 21.03.1994, for the purpose of establishing a Chemical Factory. Subsequently, after holding an enquiry, the Land Acquisition Officer passed Award No.2/91 dated 25.01.1991. However, during the course of award enquiry, having regard to the fact that the Survey and Settlement Registers showed certain names and since no material has been produced to prove the title of the appellant herein, the matter was referred to for decision on the dispute of title and the same was taken up as O.P. After reference, during the course of enquiry, the Court below examined P.Ws.1 to 3 and marked Exs.A1 to A3. On behalf of the Referring Officer, R.W.1 was examined and Ex.C1, award No.2/91 dated 25.01.1991 was marked. After taking into consideration the aforesaid evidence and material on record, the Court below did not accept the claim of the appellant herein on the ground that there is no evidence in favour of the appellant and hence, answered the reference rejecting the claim. Hence, the appeal. Learned counsel for the appellant strenuously contended that having regard to the fact that there is no other contesting party, there cannot exist a dispute, which calls for a decision thereon and in view of the same, the appellant could not have been rejected. Further, during the course of enquiry, there has been an attempt made by some parties to get themselves impleaded but the said exercise has become futile. No other steps have been taken to contest their claim by way of any further remedies. In absence of any such rival claim of right, title or interest, whatsoever nature, the appellant’s claim cannot be rejected. These submissions are sought to be repelled on behalf of the respondent. Having considered the submissions made on either side and on perusal of the material available on record, the only point that arises for consideration is in regard to the appellant’s claim in respect of the acquired land and the entitlement of the consequent compensation, which has been decided. There is no dispute to the fact that all along, even from the stage of enquiry before the Land Acquisition Officer and immediately after the issuance of notification under Section 4 (1) of the Act, no other person has come forward claiming title nor any material has been placed before the Land Acquisition Officer or the Court below in that regard. Even the attempt made by some persons to be impleaded proved futile. No other person came forward to claim the said land. Further, it is also made clear that there is no claim set forth by the Government in respect of the acquired land. Prima facie, and especially having regard to the tax receipts and ryotwari patta, Exs.A1 to A3 and also the other records would amply disclose the entries in favour of the purchaser from the appellant’s family. In the circumstances, it can safely be said that the appellant has sufficiently established his right and title. Therefore, it is considered that he alone is entitled to compensation in respect of the acquired land. The appeal is, accordingly, allowed and consequently, the order dated 30.09.2002 in O.P.No.50 of 1992 on the file of the Senior Civil Judge, Anakapalli, is set aside, holding that the appellant is entitled to compensation determined in the acquired land admeasuring Ac.0.44 cents, Ac.0.39 cents and Ac.0.08 cents, situated in Survey Nos.144/10, 145/10 and 145/18 respectively, situated at Boddapuvanipalem, Hamlet of Edulapaka Bonangi Village. No costs. _________________ (B.PRAKASH RAO, J) ______________________ (VILAS V. AFZULPURKAR, J) 28th July 2010 RRB