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 appellants – claimants, aggrieved by the judgment and decree dated 10.10.2013 passed in O.P.No.97 of 2007 by the learned Senior Civil Judge at Karimnagar (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 the land to an extent of Ac.17-30 ½ guntas situated at Deshrajpalli village of Ramadugu Mandal, Kairmnagar district along with other structures, residential houses, standing crops, trees has been acquired by the Government for formation of the new broad gauge single railway line from Karimnagar to Jagtial. A draft notification was published on 08.07.2002, then the Government took possession of the said land on 30.11.2002. The Land Acquisition Officer has fixed the market value @Rs.40,000/- per acre to the acquired lands and also has granted Rs.7,06,500/- per structure, Rs.2,08,062/- for residential houses in survey Nos.415, Rs.80,455/- per topes in survey Nos.341 & 400, and Rs.78,203/- for standing crops, Rs.27,597/- for trees. Aggrieved by the same, the claimants have made an application seeking enhancement of the compensation and the same was referred under Section 18 of the Act to the reference Court, 4. The reference Court has framed the following points for consideration:

“1. Whether the claimants are entitled for enhancement of compensation and if so, what was the market value ought to have fixed by the Land Acquisition Officer for the lands acquired from the claimants?

2. To what relief?”

5. To prove their case, the claimants got examined PWs 1 to 3 and got marked Exs.P1 to P4, while the respondents have not adduced any evidence.

6. Based on the evidence on record, the reference Court has enhanced the compensation to that of Rs.2,90,000/- per acre. Aggrieved by the same, the present appeal is filed by the claimants seeking further enhancement.

7. Heard the submissions of Sri M.Ram Mohan Reddy, learned counsel for the appellants and learned Government Pleader for respondent No.1 and Sri C.V.Rajeeva Reddy, learned counsel for respondent Nos.11 to 13.

8. Learned appellants counsel has argued that the reference Court ought to have enhanced the compensation upto Rs.8,00,000/- per acre instead of Rs.2,90,000/- per acre and that the reference Court ought to have seen that the acquired lands are well developed agricultural lands cultivated through well water and also through SRSP canal water and that the lands are of red chelka soil in nature, which are rich in fertility and have high potentiality and utility. He further submitted that the acquired lands are double crop dry and wet lands and that the owners used to raise commercial crops like cotton, chilly, groundnut, green gram and vegetables. He further submitted that the lands around the acquired lands are being sold as house sites on yardage basis and that they have high potentiality of being sold as house sites. He further submitted that the acquired lands are abutting the village which is fully developed with High School, Electricity, Telecommunication, Veterinary Hospital, Transport facilities, cotton mills, dairy farms, poultry farms, weaving units and brick manufacturing units. He further submitted that the lands in neighbouring village Vedira which is away from Karimnagar have also been acquired for the very same railway line. The notification was given for the said acquisition on 04.08.2002 while the present notification is on 08.07.2002 and that in the said lands at Vedira, the reference Court has enhanced the compensation from Rs.40,000/- per acre to Rs.3,40,000/- per acre. He thus, prayed this Court to set aside the award of the reference Court and enhance the compe