Point of Law: While considering the just compensation payable to a land holder, it is not necessary that the Court should confine fixing of compensation based on the compensation actually sought by the claimants and in a given situation, it is permissible for the reference Court or the High Court to enhance the compensation, if the reference Court or the High Court is of the opinion that the claimant is entitled to higher compensation than what was sought by him.

JUDGMENT :

P.Naveen Rao, J.

Heard Sri K. Raji Reddy, learned counsel for the appellants and learned Government Pleader for Appeals.

2. On the ground that the subject lands were coming within the submergence area of Singoor Irrigation Project, the process to acquire the subject lands in accordance with the Land Acquisition Act, 1894 (for short ‘the Act, 1894’), was set in motion by issuing draft notification and ultimately culminating in passing an Award on 19.02.1990. The subject lands acquired for the said purpose in Jamalpur Village appears to be the hamlet of Itkepally Village which was a Gram Panchayat. The Land Acquisition Officer determined the market value of the acquired lands at Rs.10,000/- per acre. Not satisfied with the said determination of market value, the claimants sought for reference under Section 18 of the Act, 1894. Their reference was registered as O.P.No.10 of 2002 in the Court of Senior Civil Judge at Sangareddy. The claimants sought for enhancement of compensation by fixing the land value at Rs.30,000/-per acre for dry lands and Rs.40,000/- per acre for wet lands, with all statutory benefits flowing there from. In support of their claim for enhancement, the claimants relied upon the judgments rendered in O.P.No.213 of 1995 and O.P.No.229 of 2003, marked as Ex.A.1 and Ex.A.2, order dated 19.12.2000 in Appeal No.1213 of 2000 as Ex.A.3 and two sale deeds dated 12.01.1987 and 17.01.1987, marked as Ex.A.4 and Ex.A.5 respectively. They have cited three witnesses to depose on their behalf. On evaluation of the evidence on record, the reference Court did not find merit in the claim to enhance the compensation to Rs.18,500/- for dry lands and Rs.19,500/- for wet lands or to Rs.25,000/- as sought by them, but having found that the compensation determined by the Land Acquisition Officer is not sufficient, the reference Court fixed the market value at Rs.15,000/- per acre, treating the same as just compensation. Not satisfied with the determination of compensation by the reference Court, this appeal is preferred.

3. According to learned counsel for the appellants, the lands acquired are fertile, several commercial crops are raised and yearly yielding per acre was between Rs.6000/- to Rs.8000/-. These factors ought to have been considered to determine higher compensation. His further contention is that the reference Court has not properly evaluated the evidence brought on record in support of the claimants to award higher compensation. He further submits that the appellants are entitled to revision of market rate to Rs.25,000/- as reflected in Ex.A.1 to Ex.A.5 and all the consequential benefits flowing there from.

4. Learned Government Pleader supports the view taken by the reference Court. He further submits that in fact the claimants submitted to the Land Acquisition Officer to grant them Rs.15,000/-per acre only, as market value and they would be satisfied if that amount is fixed and they would not agitate on any other claim. Having restricted their claim to Rs.15,000/- per acre, it is no more open for the appellants to seek enhancement of the compensation and file this appeal. According to learned Government Pleader, this is a vexatious litigation and is liable to be dismissed.

5. The contention of learned Government Pleader that as claimants only demanded Rs.15,000/- per acre, they are not entitled to ask higher market value, is stated to be rejected for two reasons. Firstly, from the material on record and the discussion in the order of the reference Court, it appears that claimants never confined their claim to fix the market value at Rs.15,000/-per acre only. It appears during the course of discussions before the Land Acquisition Officer, they have requested him to determine Rs.15,000/- per acre as market value. But this offer was not accepted by the Land Acquisition Officer who fixed the market value at Rs.10,000/- only. Soon after the Land Acquisition Officer determined the market value of the land in the said m