THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.1533 of 1995 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) Heard the learned counsel appearing the appellants and the learned Government Pleader appearing for the respondent. The land of the appellants to an extent of Ac.4-00 gts. in Sy.No.539 situated at Gundrampally village was acquired by the Land Acquisition Officer-cum-Sub-Collector, Bhongir, for the purpose of construction of Reservoir across Halia river near Yepur village. A notice under Section 4(1) of the Land Acquisition Act was published in A.P.Gazette on 29-08-1980. The Land Acquisition Officer awarded compensation @ Rs.3,800/- per acre. On reference under Section 18 of the Act, the learned Subordinate Judge, Bhongir, by order, dated 20-12-1991, in O.P.No.23 of 1987, enhanced compensation from Rs.3,800/- to Rs.9,000/- per acre. Aggrieved thereby, the claimants filed the present appeal contending that they have claimed compensation @ Rs.25,000/- per acre as the land is fit for raising fruit gardens, but the court below erroneously awarded compensation @ Rs.9,000/- per acre instead of Rs.25,000/- per acre. On the earlier occasion, in respect of the lands acquired, the Civil Court enhanced compensation in O.P.No.63 of 85 at Rs.8,000/- per acre and O.P.No.27 of 88 at Rs.9,000/- per acre. The 1st claimant was examined as PW.1. Except marking Ex.A-1- certified copy of the order in O.P.No.63 of 85, dated 15-04-1987, the claimants have not filed any other document. According to the claimants, they claimed compensation @ Rs.25,000/- per acre as the civil court enhanced compensation in O.P.No.63 of 85 @ Rs.8,000/- and Rs.9,000/- in O.P.No.27 of 88. It is further stated that against the order in O.P.No.63 of 85, an appeal is pending and therefore, their claim @ Rs.25,000/- per acre is just and reasonable. Learned Government Pleader appearing for the respondent submits that no first appeal is filed against the order in O.P.No.63 of 85 and therefore, no appeal is pending. It is stated that even according to the claimants, the Civil Court awarded compensation in O.P.No.63 of 85 @ Rs.8,000/- per acre and O.P.No.27 of 88 @ Rs.9,000/- per acre. Though O.P.No.27 of 88 is a year later than the order in the present O.P., still the court below granted compensation @ Rs.9,000/-, which is just and reasonable. In the absence of any other evidence, we are unable to appreciate the contention of the learned counsel for the appellants for enhancing the compensation. Therefore, we do not see any merits in the appeal and the same is liable to be dismissed. Accordingly, the appeal is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _______________ NOUSHAD ALI, J Date: 21-06-2010 Prv