THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1211 of 2000 Date of Judgment: 21-04-2010 Between: The Land Acquisition Officer (Sub-Collector) Medak ..Appellant and 1.V.Narasimha Reddy and others ..Respondents The Court made the following Judgment: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1211 of 2000 Oral Judgment: (Per Honourable Sri Justice A.Gopal Reddy) The Land Acquisition Officer (Sub-Collector), Medak filed this appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) aggrieved by the order and decree passed in O.P.No.5 of 1990 dated 30-06-1998 whereby the reference made under Section 18 of the Act is answered in favour of the claimants by enhancing the compensation. Notification under Section 4(1) of the Act was published in the Andhra Pradesh Gazette on 27-12-1985 and newspapers—Citizens Evening (English) on 14-05-1988 and Eenadu (Telugu) on 29-05-1988 acquiring various extents of land belonging to the respondents/claimants. Possession of which was taken on 01-08-1985 due to submergence of Haldi Vagu Project, Yeldurthy Mandal, Medak District. The Land Acquisition Officer (LAO) after complying due formalities by his award dated 28-05-1988—Ex.B1 fixed the market value of the acquired land at Rs.3,100/-per acre for dry lands and Rs.6,500/- per acre for single crop wet lands. When the claimants have made protest for meager fixation of the market value and sought for reference, the matter was referred to the civil court under Section 18 of the Act for due determination of the compensation payable to the claimants. On reference being made to the civil court, the claimants after filing necessary claim statements adduced evidence both oral and documentary by examining P.Ws.1 to 7 and marked Exs.A1 to A16. On behalf of the Referring Officer, RDO was examined as R.W.1 and award proceeding was marked as Ex.B1. The claimant No.8, who examined as P.W.1, deposed that their village is having banks, rice mills, veterinary hospital, high school and all modern amenities, situated at a distance of 50 Kms. from Hyderabad and having railway station at Masaipet which is situated on NH 6. He also deposed that he used to raise two crops per year and filed Exs.A7 to A5 documents. Under Ex.A6—certified copy of the order in O.P.No.31 of 1988 adjacent lands, which are acquired for the very same purpose, the civil court fixed Rs.15,000/- per acre for dry lands and Rs.20,000/- per acre for wet lands. On dismissal of appeal filed by the LAO, the entire decretal amount has been deposited to the credit of said O.P. P.W.2, who is the vendee under Ex.A1, stated that he purchased Ac.2.16 gts. of land in Sy.No.1010/E for a consideration of Rs.8,800/- per acre under Ex.A1 dated 02-06-1983. P.W.3, vendee under Ex.A4 dated 30-05-1985 deposed that he purchased Ac.0.23 gts. of land for Rs.8,600/- which works out Rs.14,800/- per acre. P.W.4, vendee under Ex.A2 dated 23-07-1984, deposed that he purchased Ac.0.39 gts. for Rs.9,000/-. P.W.5 son of vendee under Ex.A3, dated 04-04-1985 deposed that his father purchased Ac.3.20 gts. of dry land for Rs.31,500/-. The vendor under Ex.A5, dated 19-01-1984 was examined as P.W.6, who deposed that Ac.0.05 gts. of land for Rs.1,500/- which works to Rs.12,000/- per acre. P.W.7, who is the claimant No.8 in O.P.No.31 of 1988, deposed that for the lands covered under O.P.No.31 of 1988 the civil court fixed the market value at Rs.15,000/- per acre for dry lands and Rs.20,000/- per acre for the wet lands where the entire decretal amount has been deposited. The lands covered in O.P.No.31 of 1988 are nearer to the lands covered under present notification, and the evidence adduced by the parties clearly establishes that value prevalent as on the date of notification was Rs.13,000/- per acre for dry land and Rs.18,000/- per acre for single crop wet land. Further, the claimants have already forego possession three years prior to issuance of notification i.e. 01- 08-1985 due to submergence of Haldi Vagu Project. Since the civil court already determined the market value for the adjacent lands at Rs.18,000/- per acre for single crop wet land and Rs.13,000/- per acre for dry land, as reasonable compensation, the claimants are entitled to the same which was prevalent as on the date of issuance of notification. We accordingly confirm the market value fixed by the reference Court at Rs.13,000/- per acre for dry lands and Rs.18,000/- per acre for single crop wet land. Learned counsel for the claimants now submits that though the appeal was preferred in the year 1998, the LAO has not taken any steps to bring the Legal Representatives of R11, R14, R18, R22 and R24, to whom notices were sent and returned unserved in the year 2000 and appeal stood abated against them and compensation determined has become final. In the result, appeal is dismissed. No costs. ________________ A.GOPAL REDDY, J. _________________ G.V.SEETHAPATHY,J. 21-04-2010 Murthy