HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA APPEAL SUIT No.2649 of 2004 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 appellants, aggrieved by the judgment and decree dated 21.10.2002 passed in O.S.No.41 of 1996 by the learned Senior Civil Judge, Miryalguda (hereinafter referred to as ‘the trial Court’).

2. For convenience and clarity, the parties herein are referred to as they were arrayed before the trial Court.

3. The case of the plaintiff before the trial Court is that originally he is the owner and possessor of Ac.02-00 guntas of land in survey No.1132 at Damaracherla village, out of which the Revenue Divisional Officer (RDO) – defendant No.3 has acquired Ac.0-29½ guntas of land, for the formation and construction of broadguage railway line from Bibinagar to Nadikudi vide draft notification No.G.O.Rt.No.736/T.R & B, dated 25.07.1986 and it was issued in Gazette on 31.03.1987. His grievance is that the Government has paid him only to an extent of Ac.0-11 guntas in spite of the entire extent of Ac.0-29½ guntas. Though he re