THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G. BHAVANI PRASAD APPEAL SUIT No. 3467 of 1987 JUDGMENT: (Per GMJ) This Appeal Suit is preferred by the Special Deputy Collector (Land Acquisition), Mahabubnagar District, against the award dated 13.04.1987 passed by the Additional District Judge at Mahabubnagar, in O.P.No.178 of 1984, granting compensation at the rate of Rs.7,550/- per acre for wet lands and 30% solatium on the enhanced compensation along with other statutory benefits. O.P.No.178 of 1984 arises out of a reference under Section 18(1) of the Land Acquisition Act, 1894, for enhancement of the compensation awarded by the Land Acquisition Officer, Kollapur, in Award No.21 of 1976 dated 12.11.1976 i.e., at Rs.1,800/- per acre per year regarding wet land admeasuring 0.47½ cents and 0.35 cents in survey Nos.8/A and 9/A respectively situated at Jatprole Village, Kollapur Taluk, since the respondents/claimants were dissatisfied with the said compensation. The said land was acquired for the purpose of construction of Srisailam Hydro Electricity Project on the river - Krishna. The case of the respondents/claimants was that the land under acquisition was fertile land; that the sale statistics considered by the Land Acquisition Officer were not nearer to the date of draft notification and do not represent the real value of the land; that the Land Acquisition Officer did not take into consideration the basic valuation register maintained in the Sub-Registrar office and that the compensation awarded by the Land Acquisition Officer was abnormally low. The case of the appellant was that the classification of the lands by the Land Acquisition Officer is scientific depending upon the fertility and nature of lands; that the compensation amount was fixed taking into consideration the valuation of the lands nearer to the land under acquisition on the date of draft notification and that the claim of the respondents/claimants was highly reasonable and they were not entitled to any enhancement. The Court below, after considering the facts and circumstances of the case and perusing the material and evidence on record, fixed the market value of the single crop wet land at Rs.7,550/- per acre and awarded 30% solatium on the enhanced compensation along with additional sum at 12% per annum from the date of draft notification i.e., 28.02.1974 till the date of award or till the date of taking possession whichever is earlier and also interest at 9% per annum for one year over the enhanced amount from the date of possession and at 15% per annum from that date till payment. The learned Government Pleader for Appeals appearing for the appellant submitted that the decrettal amount has already been deposited by the Land Acquisition Officer and to that effect, he produced a letter dated 16.11.2009 addressed by the appellant to him, which shows that a cheque bearing No.062399 for a sum of Rs.18,256/- was issued towards decrettal amount in O.P.No.178 of 1984. In view of the same, nothing survives for adjudication in this Appeal Suit. Accordingly, the Appeal Suit is dismissed. No costs. ______________________ GHULAM MOHAMMED, J ____________________ G. BHAVANI PRASAD, J 10th March, 2010 GHN