COMMON JUDGMENT (per the Hon’ble Sri Justice Battu Devanand)

1. These Land Acquisition Appeal Suits arise out of the Common Order, dated 30.11.2021, passed in LAOP.No.2 of 2016 and batch on the file of Senior Civil Judge, Allagadda (hereinafter referred to as "Reference Court") whereby the compensation for the land acquired was enhanced from Rs.45,000/- to Rs.2,87,620/- per Acre for Rainfed Dry Land and Rs.65,000/- to Rs.2,87,620/- per Acre for Irrigable Dry Land.

2. This batch of Appeals arise from the same land acquisition Notification dated 26.06.2006 for the land of village Perusomula Village, Sanjamala Mandal, Kurnool District and involved common facts and questions; therefore, with the consent of the learned counsels for the parties, all these Appeals have been heard together treating the LAAS No.20 of 2023 as the leading Appeal.

3. For the sake of convenience, the parties will be hereinafter referred to as per their ranking in the Reference Court.

4. The Government has issued a Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') dated 26.06.2006. The Land Acquisition Officer fixed the market value of the lands at the rate of Rs.45,000/- per Acre for Rainfed Dry Land and for Rs.65,000/- per Acre for Irrigable Dry Land vide Award 10/2006-07 dated 19.08.2006.

5. Dissatisfied with the compensation awarded in Award No.10/2006-07 dated 19.08.2006, passed by the Land Acquisition Officer (hereinafter referred to as ‘LAO’), several land owners submitted references under Section 18 of the Act. These references were adjudicated by the Common Order, dated 30.11.2021 in leading LAOP.No.2 of 2016 and batch before the learned Senior Civil Judge, Allagadda. The Reference Court enhanced the market value of the acquired land from Rs.45,000/- to Rs.2,87,620/- per Acre for Rainfed Dry Land and from Rs.65,000/- to Rs.2,87,620/- per Acre for Irrigable Dry Land.

6. Briefly stated facts of the present Appeals for referring to matters by the Special Deputy Collector (L.A.) GNSS, Unit-I, Nandyal, to the Civil Court under Section 18 of the Act are as follows:

(a) The Special Deputy Collector (LAO), GNSS Unit-I, Nandyal and the Executive Engineer, GNSS Division No.4, Koilakunta, submitted requisitions dated 09.06.2006 and 12.06.2006 for the acquisition of 135.60 acres of land in Perusomula Village, Sanjamala Mandal, Kurnool District, for the excavation of the GNSS Flood Flow Canal. Under Section 17(4) of the L.A. Act, urgency was invoked, and the enquiry under Section 5(A) was dispensed with. The lands were classified as Rainfed Dry Land and Irrigable Dry Land and the D.N. proposal for 135.60 acres was approved on 12.06.2006. The Section 4(1) notification was published in the Kurnool District Gazette on 15.06.2006, and the draft declaration was published in relevant local offices on 21.06.2006 and 22.06.2006.

(b) To determine the market value, the LAO considered sale transactions from three years before the Notification under Section 18 of the Act. However, all transactions from the Sub-Registrar, Owk, were discarded. The market value was fixed at Rs.45,000/- per Acre for Rainfed Dry Land and Rs.65,000/- per Acre for Irrigable Dry Land. The Claimants, however, were not satisfied with the assessed market value.

7. In their respective OPs, the Claimants argued that the compensation granted by the LAO was insufficient, lacking justification and failing to follow the principles outlined under Section 23 of the Act. They contended that the LAO did not account for the potential of the acquired lands, comparable sales, or exercise individual discretion. The Claimants, who depend on the acquired land for agricultural purposes, also highlighted that they earn Rs.10,000/- to Rs.15,000/- from Bengal gram cultivation on dry land with black cotton soil, which the LAO did not consider. Additionally, they pointed out that the Court has enhanced the compensation of Rs.2,51,600/- for dry land in OP No.1034/2003, dated 29