THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.106 OF 2001 JUDGMENT: (Per the Hon’ble Sri Justice N.V. Ramana) The Land Acquisition Officer (Tahsildar), Adoni, filed this appeal challenging the order, dated 11.07.1997, passed by the learned Subordinate Judge, Adoni in O.P.No.7 of 1991. The brief facts of the case read as follows: An extent of Ac.6.71 cents comprised by Sy.No.289-A Pyki (Ac.1.28 cents) Sy.No.289C- Pyki (0.40 cents), Sy.No.312/B1-Pyki (Ac.0.63 cents) and Sy.No.312/B3 Pyki (Ac.4.40 cents) belonging to Smt. Musalamma alias Peeran Bi W/o Murshad Basha, and another extent of Ac.10.10 cents compromised by Sy.Nos.289-A (Ac.1.93 cents), Sy.No.289C (Ac.0.60 cents), Sy.No.312/B1 (Ac.0.95 cents) and Sy.No.312/B3 (Ac.6.62 cents) belonging to Atharu Rahiman, S/o Chakoli Abdul Haq, a resident of Adoni, were acquired by the Government for the purpose of providing house sites to weaker sections of Adoni town. The draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was approved by the Government and was published on 3.3.1984. The Land Acquisition Officer after conducting enquiry, passed award fixing the value at Rs.12,000/- per acre in respect of land in Sy.No.312/B1 and 312/B3 and at Rs.9,000/- in respect of lands in Sy.No.289-A and 289-C. Being dissatisfied with the compensation awarded, the claimants sought for reference under Section 18 of the Act. On reference being made, the claimants appeared before the Court below and filed claim statements claiming compensation at the rate of Rs.1,30,000/- per acre for the acquired land. Before the Court below, no oral or documentary evidence was adduced on behalf of the land acquisition officer. R.Ws.1 to 3 were examined and Exs.B1 to B.3 were marked on behalf of the claimants. R.W.2 produced Ex.X1-certified copy of award No.3/84, dated 29.3.1984 passed by the Land Acquisition Officer in respect of neighbouring lands. On appreciation of oral and documentary evidence, the Court below modified the award enhancing the compensation by Rs.8,000/- per acre in respect of Sy.Nos.312/B1 and 312/B3 and Rs.6,000/- per acre in respect of Sy.Nos.289-A and 289-C. The Court below also held that the claimants are entitled for solatium under Section 23(2) of L.A. Act at 30% on Rs.20,000/- per acre in respect of Sy.Nos.312/B1 and 312/B3 and on Rs.15,000/- in respect of Sy.Nos.289-A and 289-C, and out of it, solatium at 15% on Rs.12,000/- and on Rs.9,000/- awarded by L.A.O., shall be deducted and that the claimants are also entitled for additional market value at 12% on Rs.20,000/- in respect of Sy.Nos.312/B1 and 312/B3 and on Rs.15,000/- in respect of Sy.Nos.289-A and 289-C under Section 12 (1A) of L.A.Act. It was also held that the claimants are further entitled for interest at 9% p.a., on Rs.8,000/- and on Rs.6,000/- so enhanced per acre from 29.3.1984 to 29.3.1985 and at 15% p.a., on Rs.8,000/- and on Rs.6,000/- from 30.3.1985 till such enhanced amounts stated above are deposited into the Court to the credit of the O.P., and that the L.A.O. shall also pay the proportionate costs to the claimants. Challenging the same, the Land Acquisition Officer filed the present appeal. It is submitted by the learned Counsel for the respondents- claimants that the appeal arising out of the acquisition of the adjacent lands, being A.S. No.411 of 2000, which was filed against the judgment and decree in O.P.No.26 of 1988, by judgment dated 15.9.2008 was disposed of by this Court fixing the market value at Rs.85,000/-. It is further submitted by the learned Counsel for the respondents-claimants that the lands covered in A.S.No.411 of 2000 and the lands in the present case are situated in the very survey number, and taking into consideration Ex.X1-award, which was challenged in A.S.No.411 of 2000, the Court below fixed the compensation and therefore, the order under appeal needs no interference. The learned Assistant Government Pleader fairly conceded that the Court below after taking into consideration Ex.X1-Award No.3/84, which was challenged in A.S.No.411 of 2000, fixed the market value of the lands in survey Nos.312/B1 and 312/B3 at Rs.30,000/-per acre and also the value of the lands in respect of Sy.Nos.298/A and 298/C at Rs.22,500/- per acre. In view of the fact that the land covered by Ex.X1 award and the lands in the present proceedings are situated in the same survey number and that this Court enhanced the compensation to Rs.85,000/- in respect of the lands covered by Ex.X1-Award, vide judgment in A.S.No.411 of 2000, we have no hesitation to hold that the order under appeal does not warrant any interference by this Court. Accordingly, the appeal is dismissed. No order as to costs. _______________ N.V.RAMANA, J _______________ K.S. APPA RAO, J Dated: 27.06.2011 Nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.106 OF 2001 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 27.6.2011 Nn