HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.2564 OF 2000 Dt.28.9.2010 Between: M.Obulaiah (died) and his L.Rs. Morusu Rangamma and another ..Appellants And The Special Deputy Collector (L.A), H.L.C., Anantapur ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.2564 OF 2000 JUDGMENT: (Per Sri Justice V.Eswaraiah) Appellants herein are claimants. The land of the appellants to an extent of Ac.21.28 cents in S.No.320 situated at Mylarampalli Village, Uravakonda Mandal, Anantapur District, was acquired for the purpose of foreshore submersion of PABR dam situated in the said village pursuant to notification issued under Section 4(1) of the Land Acquisition Act (for short, the Act) on 12.3.1986. After holding an enquiry, the Land Acquisition Officer passed award No.25 of 1988 dated 20.6.1988, fixing the compensation at the rate of Rs.1650/- per acre. On reference under Section 18 of the Act at the instance of the claimants, the Reference Court enhanced the compensation at the rate of Rs.5,000/- per acre. Aggrieved by the same, the claimants filed this appeal for further enhancement contending that as per Exs.A-1 and A-2 sale deeds, dated 5.1.1979 and 5.11.1979 respectively the land was sold at the rate of Rs.10,000/- per acre and therefore they are entitled for compensation at the rate of Rs.10,000/- per acre. In the court below, the 2nd claimant was examined as P.W.1. He stated that the land belonging to his family members was acquired pursuant to the notification under Section 4(1) of the Act on 12.3.1986 and the acquired land is fertile land and they used to cultivate groundnut crop in the land and were getting 15 bags of groundnut per acre and the market value of the groundnut per bag was Rs.300/- and they used to get net yield of Rs.2,000/- per acre from the lands. But, the Government paid meager amount of compensation and they are entitled for compensation at the rate of Rs.10,000/- per acre. It is stated that under Exs.A-1 and A-2 sale deeds, dated 5.1.1979 and 5.11.1979 respectively and the land to an extent of Ac.1.00 was sold at the rate of Rs.10,000/- per acre and the land acquired is similar to that the land covered by Exs.A-1 and A-2. Learned counsel for the appellants during the course of arguments relied on the judgment of this Court in A.S.No.2918 of 2000, dated 25.11.2005, relating to the acquisition of the very self-same land of the said village and the Reference Court in O.P.No.164 of 1988, dated 22.9.1999, fixed the compensation at the rate of Rs.10,000/- per acre, which was confirmed by this Court at the instance of the Referring Officer. The only difference between the said cases is that the notification under Section 4(1) of the Act was three months subsequent to the notification in the present case. The market value of the land is increasing day by day. Though the land acquired three months subsequent to the acquisition of the land in question, the Reference Court fixed the market value at Rs.10,000/- per acre by taking into account the yield. Therefore, we are of the opinion that it is just and proper to fix the market value at the rate of Rs.7,500/- per acre. The appeal is accordingly allowed fixing the compensation of the acquired land at the rate of Rs.7,500/- per acre. Claimants are entitled to all other statutory benefits on the enhanced amount. No order as to costs. _________________ V.ESWARAIAH, J. __________________ NOUSHAD ALI, J. 28.9.2010 kpr