M. Seetharama Murti, J. - (1.) THE appeal -L.A.A.S. No. 1614 of 2005 by the claimants and the appeal -L.A.A.S. No. 1685 of 2005 by the Land Acquisition Officer & Revenue Divisional Officer, Manthani, Karimnagar District, are directed against the orders dated 13.06.2005 passed in O.P. No. 30 of 2004 by the learned Senior Civil Judge, Manthani.
(2.) WE have heard the submissions of the learned Government Pleader for Appeals and the learned counsel for the claimants. We have perused the material record. In these appeals, the parties shall hereinafter be referred to as the claimants and the Land Acquisition Officer (the LAO, for short) for convenience and clarity.
(3.) THE introductory facts, in brief, are as follows: "The Executive Engineer, Sri Ram Sagar Project (SRSP, for short) by his letter dated 22.12.2003 had submitted a requisition for acquisition of land in an extent of Ac.28 -19 guntas in Sy. Nos. 325, 326 and 327 of Kalwacherla village of Kamanpur Mandal of Karimnagar District for extension of tank bed land, which was already submerged in Cheemala Cheruvu situated at Kalwacherla village. The area covered by the said survey numbers was localised as wet under SRSP registered and submerged in Cheemala Cheruvu at Kalwacherla village. A joint inspection that was conducted by the Mandal Revenue Officer and the Surveyor had revealed that two agricultural wells, one motor shed, 12 sendhi trees, one bhurgu tree and one tamarind tree were existing in the requisitioned lands, which were submerged from 01.07.1982 due to feed of SRSP water and that the said lands were not being cultivated and are under the control of the Irrigation Department. The draft Notification and draft declaration proposals were submitted to the Collector, Karimnagar on 23.12.2003 under Section 4(1) of the Land Acquisition Act, 1894 (the Act, for short) for approval. The draft Notification under Section 4(1) of the Act was published in District Gazette No. 39 dated 23.12.2003. The same was also published on 23.12.2003 and 25.12.2003 in Eenadu Telugu newspaper and an English newspaper respectively and the substance of the publication in the locality was made on 27.12.2003. The draft declaration proposals were submitted to the Collector under Section 6 of the Act on 31.12.2003 and the Collector had approved the same on 22.01.2004 and a Gazette publication was made in District Gazette No. 2 on 22.01.2004. The substance was published on 24.01.2004 and publication was also made in an English news paper and a vernacular newspaper on 24.01.2004 and 23.01.2004 respectively. After due enquiry, the LAO had fixed the market value of the acquired lands at Rs. 33,018/ - per acre and had further awarded Rs. 88,000/ - for one Well though two Wells were in existence in the acquired lands. Further, a sum of Rs. 31,000/ - was fixed and awarded for motor shed; and, Rs. 696/ - in all was awarded for the trees in the acquired lands. The LAO had also awarded 30% solatium and interest." 4. (a) Not being satisfied with the compensation awarded, the claimants sought reference by filing an application under Section 18 of the Act. On a reference made to the civil court, O.P. No. 30 of 2004 was taken on file. The claimants had claimed compensation of Rs. 30,00,000/ - per acre together with interest, solatium and other statutory benefits. Before the reference court, the 9th and 2nd claimants were examined as PWs 1 and 8 and their supporting witnesses were examined as PWs 2 to 7 and 9 and exhibits A1 to A36 were marked. The then R.D.O was examined as RW1 and the award was marked as exhibit B1. On merits, the reference court had allowed the claim in part with proportionate costs and had determined the compensation for the acquired land at Rs. 3,20,000/ - per acre. The operative portion of the order of the court below reads as follows: "In the result, the reference is partly allowed with proportionate costs and it is ordered that the compensation for the acquired lands shall be paid at the rate of Rs. 3,20,000/ - (Rupees three lakhs twenty thousand only) per acre and the value of the well is enhanced to two times over and above than the compensation awarded by the Land Acquisition Officer and to the motor shed is enhanced from Rs. 31,000/ - to Rs. 51,750/ - and for the acquired trees @ Rs. 200/ - per Sendhi tree each, Rs. 500/ - for burgu tree and for Rs. 500/ - tamarind tree under Section 23(1) of the Land Acquisition Act with 30% solatium on the enhanced compensation amount. The claimants are entitled for interest at 9% per annum from 1 -1 -1980 to 31 -12 -1980 and interest at @ 15% per annum from 1 -1 -1981 to till the date of payment of compensation. The claimants are also entitled to additional market value @ 12% per annum from 1 -1 -1980 to 31 -1 -2004 till the date of passing of award. Not being satisfied with the compensation awarded, the claimants had preferred the first mentioned appeal. On the other hand, the LAO had preferred the latter mentioned appeal inter alia contending that the compensation as determined by the court below is high and excessive.";