HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SMT JUSTICE TIRUMALA DEVI EADA LAAS.Nos.1072, 1073 of 2011 and 133 of 2012 COMMON JUDGMENT: (Per Hon’ble Sri Justice Abhinand Kumar Shavili)

When these matters are taken up for hearing, learned counsel appearing for the appellants had contended that the Land Acquisition Officer has acquired the lands of the appellants, in pursuance of notification issued under Section 4(1) of the Land Acquisition Act, for the purpose of construction of new Broad Gauge Railway Line from Gadwal to Raichur and after due enquiry, the Land Acquisition Officer has passed an award on 04.08.2007 and awarded compensation of Rs.17,000/- per acre. Not satisfied with the compensation awarded by the Land Acquisition Officer, the appellants have sought reference under Section 18 of the Land Acquisition Act for enhancement of compensation and the references were numbered as O.P.Nos.39, 48 and 57 of 2008. The reference Court was pleased to enhance the compensation to Rs.146/- per square yard for all the lands acquired.

2. Learned counsel for the appellants had further contended that in respect of other lands covered under the very same acquisition, the reference Court has enhanced the compensation to Rs.354/- per square yard in O.P.Nos.29, 30 and 31 of 2012 vide common order dated 03.09.2015 and aggrieved by the same, the respondents therein have preferred appeals before this Court i.e. LAAS Nos.353, 354 and 355 of 2016, and the Division Bench of this Court was pleased to dismiss the appeals preferred by the respondents therein vide common judgment dated 16.03.2022, whereby the enhancement of compensation made by the reference Court to Rs.354/- per square yard was confirmed.

3. Learned counsel for the appellants had further contended that, admittedly, in the instant case, the lands of the appellants were also acquired for the very same purpose pursuant to the very same notification, but the reference Court has enhanced the compensation only to Rs.146/- per square yard, and as such the appellants have preferred the present appeals seeking to enhance the compensation to Rs.250/- per square yard.

4. Learned counsel for the appellants had further contended that the appellants have filed amendment applications in all these three appeals seeking enhancement of compensation from Rs.250/- to Rs.354/- per square yard. Learned counsel further contended that, in case, the compensation is enhanced to Rs.354/- per square yard, the appellants would pay the deficit Court fee. Therefore, following the order, dated 16.03.2022, passed by the Division Bench of this Court in LAAS Nos.353, 354 and 355 of

2016, the present appeals may be disposed of.

5. Learned Government Pleader did not dispute the said facts.

6. This Court, having considered the submissions made by the learned counsel for the parties, is of the considered view that the reference Court erred in not enhancing the compensation to Rs.354/- per square yard, more so, when the same reference Court has enhanced the compensation to Rs.354/- per square yard in respect of the lands covered in O.P.Nos.29, 30 and 31 of 2012 vide common order dated 03.09.2015. Therefore, the reference Court ought to have enhanced the compensation to Rs.354/- per square yard in respect of the subject lands also. Since the reference Court has enhanced the compensation to Rs.354/- per square yard in respect of the lands covered under the very same acquisition subsequent to filing of the subject O.Ps., the present appeals are liable to be disposed of by enhancing the compensation from Rs.146/- per square yard, as awarded by the reference Court, to that of Rs.354/- per square yard.

7. Accordingly, the present appeals are disposed of by enhancing the compensation from Rs.146/- per square yard to Rs.354/- per square yard, following the common order dated 03.09.2015 passed in O.P.Nos.29, 30 and 31 of 2012, which was confirmed by the Division Bench of this Court. However, it is made clear that the appe