- (1.) Leave granted.
(2.) This appeal is directed against a judgment and order 09.02.2005 passed by a Division Bench of the Andhra Pradesh High Court whereby and whereunder the appeal preferred by the respondent herein under Section 54 of the Land Acquisition Act, 1894 (for short, 'the Act') against a judgment and award dated 02.01.1999 passed by the Principal Senior Civil Judge, Warangal in O.P. No. 72 of 1997 was allowed in part.
(3.) Certain basic fact of the matter is not in dispute. 42 acres 08 guntas of land situated in Hanamkonda Village was acquired for a public purpose, namely, excavation of Kakatiya canal. A draft notification was published in the District Gazette under Section 4 of the Act for acquisition of 4 acres 10 guntas of the land in Survey No.622 on 16.03.1979. Possession of the said land was taken over on 18.05.1979. An award was passed by the Land Acquisition Officer on 12.06.1988 fixing the market value of the acquired land @ Rs.75, 000/- per acre. The said award, however, was confined to 1 acre 5 guntas only as the balance 3 acres 5 guntas of land was held to be belonging to the Government of Andhra Pradesh. A writ petition filed thereagainst, which was marked as Writ Petition No. 10387 of 1989, was allowed by the High Court of Andhra Pradesh by a judgment and order dated 17.11.1989 directing the Collector to refer the dispute to the Court in terms of Section 30 of the Act. However, later on, it was found by the respondent that the entire 4 acres 10 guntas of land belonged to the appellants.;