HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

AND

HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA JUDGMENT: (per Hon’ble Smt. Justice Tirumala Devi Eada)

This appeal, under Section 54 of the Land Acquisition Act,

1894, (for short ‘the Act’) is preferred by the Special Deputy Collector, LA Unit, SRSP, LMD Colony, Karimnagar, aggrieved by the order and decree dated 27.07.2004 passed in O.P.No.67 of 1996 by the learned Senior Civil Judge at Huzurabad (hereinafter

referred to as ‘the Reference Court’).

2. For convenience and clarity, the parties herein are referred to

as they were arrayed before the Reference Court.

3. The facts of the case in brief are that based on the requisition made by the Executive Engineer, I & D Division No.2, Huzurabad, the land admeasuring Ac.10-03 guntas situated at Chelpur, Madipalli villages of Huzurabad and Jammikunta Mandals was acquired by the Government, for the purpose of excavation of canal. The draft notification under Section 4(1) of the Act was published in the Gazette on 25.01.1989. After conducting due enquiry, the Land Acquisition Officer (LAO) has fixed the value of the land of Red Chelka soil @ Rs.7,600/- per acre and for black

chelka soil @ Rs.10,300/- per acre in Chelpur village and LAO has also fixed the market value of the Black Chelka Soil in Madipalli village @ Rs.9,000/- per acre. Aggrieved by the said award, the claimants have filed a petition for reference and the same was referred under Section 18 of the Act to the Court of Senior Civil Judge at Huzurabad.

4. The case of the claimants is that their lands are very fertile lands and are suitable for both agricultural and house sites and their lands fetch a value of more than Rs.1,50,000/- per acre, but the LAO has fixed a very low amount of Rs.7,600/- per acre to Red Chelka soil and Rs.10,300/- per acre for black chelka soil in Chelpur village and he has fixed Rs.9,000/- per acre to Black Chelka soil in Madipalli village. The lands of both the villages were acquired in the proceedings and the compensation awarded by the LAO is very low.

5. Based on the above pleadings, the Reference Court has framed the following point for consideration:

“Whether the compensation awarded by the LAO to the claimants can be enhanced as prayed for? If so to what relief?”

6. At the time of trial, the claimants got examined PWs 1 to 4 and got marked Exs.A1 to A4. On behalf of the respondent, RW1 was examined and Exs.R1 and R2 were marked.

7. Based on the evidence on record, the reference Court has awarded a compensation of Rs.30,000/- per acre in respect of Black soil lands and Rs.34,000/- per acre in respect of Red soil lands, apart from awarding statutory benefits. Aggrieved by the said order, the Special Deputy Collector, LA Unit, SRSP, LMD Colony, Karimnagar, has preferred the present appeal.

8. Heard the submissions of learned Government Pleader for the appellant and Sri Tangeda Dayananda Rao, learned counsel for the respondents.

9. The learned appellant counsel has submitted that the reference Court has enhanced the compensation without there being any basis. He further argued that the claimants failed to prove that their lands fetch higher value than that of the compensation awarded by the LAO but in the absence of any proof, the reference Court has enhanced the compensation to Rs.30,000/- per acre in respect of Black soil lands and Rs.34,000/- per acre in respect of Red soil lands, therefore, he prayed to set aside the same.

10. The respondents counsel, on the other hand, has submitted that the claimants have filed the sale deeds disclosing a higher rate of sale price i.e. around Rs.40,000/- per acre. He further argued that the value of the acquired land is much more than Rs.1,50,000/- per acre, while the LAO has awarded a meager compensation, the reference Court has enhanced the same to Rs.34,000/- per acre which is actually very low but however, the claimants have not preferred any appeal, he therefore prayed to uphold the said orders of the reference Court and praye