HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE N.RAVI SHANKAR C.C.C.A.No.58 of 1989 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) In this appeal, batta is due to respondent Nos.7 to 9, 15 to 19, 25, 27, 28, 31 to 43 and 54 to 77. Though the appeal has been filed in the year 1989, as against the judgment, dated 14.12.1970, in O.P.No.86 of 1965, on the file of the learned Chief Judge, City Civil Court, Hyderabad, notices could not be served on the aforesaid respondents for various reasons. But, instead of dismissing the appeal for non-service of notice on the aforesaid respondents, we have taken the main appeal for disposal on merits. The lands of the respondents-claimants to an extent of Ac.97.18 guntas situated in Sy.No.24 of Boinapalli Village, Hyderabad West Taluk, Hyderabad, were acquired pursuant to the notifications, dated 11.01.1962 and 18.01.1962, for Synthetic Project Township, Hyderabad. The Land Acquisition Officer awarded compensation at the rate of Rs.600/- per acre for the dry lands and Rs.1,200/- per acre for the wet lands. It is stated that there was some inter se dispute with regard to the apportionment of compensation among the claimants as well as the claimants also requested to refer the matter under Section 18 of the Land Acquisition Act, 1894, to the Court for determination of fair compensation and accordingly, the matter was referred to the civil Court. The learned Chief Judge, City Civil Court, Hyderabad, in the said O.P. considered the entitlement of the compensation among the claimants as well as the just compensation payable to them in respect of their acquired lands. The reference Court has taken into consideration, Ex.A.13-certified copy of judgment passed by the High Court in A.S.No.77/1 of 1955, wherein the compensation in respect of the lands acquired in Boinapalli Village was awarded at the rate of Rs.1,200/- per acre. The said acquisition must be much prior to the acquisition of the lands in question. Ex.A-34 is the certified copy of order passed in O.P.Nos.323 and 224 of 1962 on the file of the I Additional Chief Judge, City Civil Court, Hyderabad, whereby the compensation was awarded at the rate of Rs.2/- per square yard in respect of Ac.38-25 guntas of land acquired in Ferozguda Village. The said Ferozguda is sitauted adjacent to Boinapalli Village. Hence, the learned Judge placed reliance on Ex.A-34. It is also to be noticed that the lands in respect of abutting village of Ferozguda covered by Ex.A-34 are also prior to the acquisition of the lands in question. Ex.A-17 is the certified copy of the judgment of the High Court in A.S.No.75 of 1959, whereunder compensation was awarded at the rate of Rs.2-20 paise per yard for the land acquired to an extent of Ac.1-33 guntas in Sy.No.233 of Tokatta Village. The said Tokatta Village is adjacent to Boinapalli Village. Therefore, when the compensation is paid at the rate of Rs.2/- per yard and Rs.2.20 paise per yard in respect of the lands acquired in the year 1955 situated adjacent to Boinapalli Village, we are of the opinion that the Court below rightly placed reliance on the aforesaid judgments and various other judgments of the High Court in arriving at a just compensation at the rate of Rs.2/- per square yard for the acquired land in question. Hence, we do not see any ground to interfere with the impugned order passed by the learned Judge. Accordingly, the appeal is dismissed. There shall be no order as to costs. _______________________ JUSTICE V.ESWARAIAH _________________________ JUSTICE N.RAVI SHANKAR 10th November 2011 DR