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/- p