JUDGMENT :

C.V. BHASKAR REDDY, J.

1. Heard Mr. K.M. Mahender Reddy, learned counsel for the appellants; Ms. P. Bhavana Rao, learned counsel appearing for respondent Nos. 1 and 2; Mr. Thoom Srinivas, learned counsel appearing for respondent No. 3 and Mr. Eranki Phani Kumar, learned counsel appearing for respondent Nos. 4 and 5.

2. This writ appeal, under Clause 15 of the Letters Patent, is directed against the order dated 08.02.2008 passed by the learned Single Judge in W.P. No. 25051 of 1998, filed by appellant No. 1 seeking compensation for the acquired land admeasuring Ac.1.39 guntas in Survey No. 778/E situated at Kamareddy, Nizamabad District, so far it went against him directing the respondents to take the date of notification issued under Section 4(1) of the Land Acquisition Act, 1894 (briefly “the Act of 1894” hereinafter) i.e. 20.04.1972 as criteria for computation of market value under Section 23 of the Act of 1894.

3. The first appellant is the writ petitioner. Since the first appellant died during the pendency of the writ appeal, his legal representatives were brought on record as appellant Nos. 2 to 5.

4. The brief facts leading to disposal of the writ appeal, as summed up in the writ petition, are stated as under:

The petitioner claims that his father was the absolute owner of land admeasuring Ac.2.05 guntas in Survey No. 778/E situated at Kamareddy, Nizamabad District. In the year 1971, a requisition was made by respondent No. 3/APSRTC (briefly “the Corporation” hereinafter) for to an extent Ac.12.33 guntas in Survey No. 778/AA etc. which includes the land of the petitioner’s father to an extent of Ac.1.39 guntas forming part of Survey No. 778/E, for the purpose of construction of bus depot and bus stand at Kamareddy. A draft notification under Section 4(1) of the Act of 1894 was issued on 24.01.1972 and published in the District Gazette dated 20.04.1972. Draft declaration was approved by the Government on 25.09.1972, published in the District Gazette on 23.11.1972 and possession of the land was taken on 22.03.1974 and handed over to the Corporation. It is the case of the petitioner that the Government had taken possession of land to an extent of Ac.11.15 guntas, including the land of his father, in November, 1971 without initiating land acquisition proceedings and award was passed on 20.01.1976 to an extent of Ac.9.16 guntas excluding the land of the petitioner’s father. It is his further case that his father expired on 11.04.1975 and because of his occupation as a Government employee residing at a distant place, he was not aware of the acquisition proceedings. Subsequently, having come to know that his land was in illegal occupation of the respondent No. 3 Corporation, he submitted representations to respondent Nos.2 and 3 for payment of compensation, and obtained succession certificate from the Mandal Revenue Officer vide letter No. A1/1135/93 dated 13.07.1994. Respondent No. 2 after verification of the records and the award passed in proceedings No. a2/4272/71 dated 20.01.1976, informed respondent No. 3 that the land in Survey No. 778/E admeasuring Ac.1.39 guntas was acquired, but since the whereabouts of the deceased pattadar (father of the petitioner) or his successors were not known, award was confirmed to the extent of Ac.9.16 guntas excluding the land of the petitioner. Thereafter, the petitioner approached different authorities by submitting representations requesting them to intervene in the matter. Some correspondence between the different functionaries of the Government ensued, but without any fruitful results and this constrained the petitioner to file the subject writ petition.

5. Upon receipt of notice in the writ petition, the respondents entered their appearance and filed their counter affidavits. In their counter affidavits the respondents have not disputed that they are the occupants of the subject land without paying compensation. However, in the counter affidavit filed by respondent No. 1, it is st