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 order and decree dated 15.12.2007 passed in O.P.No.309 of 1996 by the learned Senior Civil Judge at Nagarkurnool (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 lands situated in the limits of Manchalakatta Village of Kollapur Mandal were acquired for formation of approach road from Kollapur to Somasila Village. A draft notification under Section 4(1) of the Act was published in the Gazette No.8-A, dated 28.02.1975. After following the procedure, the Land Acquisition Officer has passed the award No.29/75, dated 15.11.1975 by granting compensation to the acquired dry lands at Rs.2,250/- per acre. Aggrieved by the said award, the claimants have filed a petition seeking enhancement to an extent of Rs.15,000/- per acre 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 Award passed by the Land Acquisition Officer is not reasonable and adequate?

2. Whether the claimants are entitled to get enhanced compensation, if so, at what rate?

3. To what relief?”

5. On behalf of the claimants, PWs 1 and 2 were examined and Ex.A1 was marked. On behalf of the respondents, RW1 was examined and Ex.B1 was marked.

6. Based on the evidence on record, the reference Court has enhanced the compensation to the extent of Rs.4,000/- per acre. Aggrieved by the same, the present appeal is filed by the claimants seeking further enhancement.

7. Heard the submissions of Sri V.Manohar Rao, learned counsel for the appellants and learned Government Pleader for the respondent.

8. Learned counsel for the appellants has submitted that the reference Court has erred in passing the award and that the acquired lands are fertile land with black cotton soil having permanent irrigation facility and that the claimants used to earn good income and that the lands under acquisition are similar in nature to the land acquired under Ex.A1 and that the reference Court has erred in not adopting the rates that are granted under Ex.A1. He further argued that under Ex.A1, an amount of Rs.7,000/- per acre was granted by the learned Judge but having considered the said exhibit, the reference Court has restricted its award only to Rs.4,000/- per acre for no reason and therefore, prayed to set aside the award and enhance the compensation to that of Rs.7,000/- per acre by allowing this appeal.

9. Learned Government Pleader, on the other hand, has argued that the purpose for which the land was acquired under Ex.A1 is different from that of the present acquisition and that the reference Court was right in granting Rs.4,000/- per acre, therefore, he prayed to dismiss the appeal and uphold the order and decree of the reference Court.

10. Based on the above rival contentions, this Court frames the following points for determination:

1. Whether the claimants are entitled for enhancement of compensation?

2. Whether the order and decree of the reference Court need any interference?

3. to what relief?

11. POINT NO.1:

a) In the case on hand, the land that was acquired for the purpose of approach road from Kollapur to Somasila Village, is at Manchalakatta village of Kollapur Mandal.

b) The claimants relied upon Ex.A1 to prove that their lands fetch more value than that is awarded by the Land Acquisition Officer. A perusal of Ex.A1 reveals that the land to an extent of Ac.28-22 ½ guntas in several survey numbers was acquired by the Government in the limits of Manchalakatta Village of Kollapur Mandal, under submergence of the back water of Srisailam Hyd