- (1.) A notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published on 13.12.1991 by the Government of Andhra Pradesh proposing to acquire Acs. 41.00 of land situated at Suryaraopet Revenue Village, Kakinada for the benefit of the 2nd respondent herein i.e. M/s. Nagarjuna Fertilizers & Chemicals Limited. The procedure under Chapter-VII of the Act was invoked, since the beneficiary was a private limited company. The land of the appellant herein, being an extent of Acs. 4.49 cents in survey No. 244/2 of the said Village was also covered by the notification. After the prescribed formalities were completed, the Land Acquisition Officer, Kakinada, the 1st respondent herein, passed an award, dated 02.12.1991, fixing the market value for the land of the appellant at the rate of Rs. 37,000/- per acre. Since the 1st respondent doubted the entitlement of the appellant to receive the compensation, he referred the matter to the civil Court under Section 30 of the Act. It was taken up by the Court of the Principal Senior Civil Judge, Kakinada and the reference was answered in favour of the appellant.
(2.) Thereupon, he received the compensation awarded by the first respondent under protest and sought for reference under Section 18 of the Act. Accordingly, the matter was taken up as O.P. No. 161 of 1996 by the Court of the Principal Senior Civil Judge, Kakinada. The trial Court passed a decree, dated 11.04.2005, enhancing the market value to Rs. 47,000/- per acre. Not satisfied with that, the appellant filed the present appeal under Section 54 of the Act, seeking further enhancement.
(3.) Learned counsel for the appellant submits that for the entire land covered by the notification, the 1st respondent passed one award, dated 25.01.1991, covering an extent of Acs. 6.11 cents and another award on 24.12.1991, covering an extent of Acs. 34.94 cents. He contends that the owners of the lands covered by both the awards sought for reference and in O.P. No. 203 of 1993 and batch, the Court of the Principal Senior Civil Judge, Kakinada enhanced the market value to Rs. 4,35,600/- per acre, based upon a document marked as Ex. B2, which reflected the market value at the rate of Rs. 6,53,400/- per acre, through order, dated 30.10.2010. He contends that the 2nd respondent filed A.S. No. 1356 of 2001 and batch and this Hon'ble Court through a common judgment, dated 09.10.2006, reduced the market value to Rs. 3,25,000/- per acre. According to the learned counsel, the same was confirmed by the Hon'ble Supreme Court in SLP No. 3625 of 2007 and batch, through order, dated 21.11.2008 and that the appellant is entitled for similar benefit.;