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PETITIONER: ADAVALA SATHAIAH & ORS.

       Vs.

RESPONDENT: THE SPECIAL DY. COLLECTOR,LAND ACQUISITION UNIT I & ORS.

DATE OF JUDGMENT:       26/11/1996

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Respondent Nos.2,  3, 5,  6, 11  to 14 and 18 have left their respective  places without  any  instructions  as  per endorsement made  by the  Postal  authorities.  Under  these circumstances, notice  on them  is not  necessary. Regarding respondent Nos.4,  7 to  10, 15  to 17  and 19  to 20, it is stated that  neither unserved  envelops nor  A.D. Cards have been  received   back   by   the   Registry.   Under   these circumstances, they must be deemed to have been served. Even though the petitioners succeed, these respondents cannot get the same  benefit because  they did not challenge the award. They being  pro forma  respondents, notice  on them  is  not necessary.      Leave granted.      Heard learned counsel on both sides.      This appeal  by special  leave arises from the judgment and decree  of the A.P. High Court, made on March 3, 1992 in the Appeal  No.2660/85. A notification under Section 4(1) of the Land  Acquisition At,  1894 was published on December 8, 1979, acquiring  71 acres  12 cents  of land  for the public purpose,  namely,   erection  of   National  Thermal   Power Corporation. The Land Acquisition Officer awarded Rs.4,000/- and Rs.4,500/-  per acre  for Group  I and  Group II  of the lands. On  reference, the  Subordinate  Judge  enhanced  the compensation to  Rs.10,000/- and  Rs.11,500/- per  acre  for Group I and Group II respectively. On appeal, the High Court set aside  the judgment and remanded the matter to the trial Court for  reconsideration.  Thus  this  appeal  by  special leave.      It is  seen that  all the lands were agricultural lands at the time of acquisition and their prevailing market value varies between  Rs.6,000/- to  Rs.6,500/-  per  acre.  Under these circumstances,  it would  be just  and proper  if  the compensation is  fixed at  Rs.6,000/- per  acre uniformly to all the lands. It is ordered accordingly.      The appeal is allowed. No costs.