- (1.) These two appeals are directed against a common order dated 11.11.1998 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in AS No.1999/96 and AS No.31/98. By the impugned order, the High Court enhanced the amount of compensation to Rs.22, 000/- per acre as against Rs.6, 000/- awarded by the learned Subordinate Judge, Eluru, West Godavari District.
(2.) These appeals are taken up and heard together and are decided by this common judgment.
(3.) The facts, in brief, are that the State of Andhra Pradesh issued a Notification dated 03.01.1980 under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for the acquisition of lands admeasuring Ac 385.46 in Borrampalem village of Chintalapudi Taluk for foreshore submersion of Yerakalva Reservoir Scheme under Vengalaraya Sagar Project. Land of the claimants-respondents to the extent of Ac 9.53 each was acquired for the said purpose. After completion of the proceedings under the Act and after observing all formalities, the Land Acquisition Officer awarded compensation at the rate of Rs.1026/- per acre to the claimants respondents vide his Award dated 18.05.1984. The claimants-respondents received the amount of compensation under protest and submitted separate applications under Section 18 of the Act requesting the Land Acquisition Officer to refer the matter to the Court. The matter was accordingly referred to the Court of the learned Subordinate Judge, Eluru. The Reference Court observed that the Land Acquisition Officer had not considered the potentiality of the acquired land with other lands of similar quality and potentiality. However, taking into consideration the trend in the increase of the prices of the lands, compensation is awarded at the rate of Rs. 300/- per acre on yield basis of the crops and multiplier of 20 years capitalization was applied and an amount of Rs.600/- per acre has been awarded to the claimants-respondents. The Court also found that there were no fruit-bearing trees on the acquired lands.;