THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.281 OF 2007 DATED 21st DECEMBER, 2010 BETWEEN: The Special Deputy Collector (LAO), TGP, Nandyal. … Appellant/Referring Officer a n d Rage Narayana … Respondent/Claimant THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.281 OF 2007 J U D G M E N T (Per Sri Justice Sanjay Kumar) An appeal by the State under Section 54 of the Land Acquisition Act, 1894, (for brevity, ‘the Act of 1894’) against the Order and Decree dated 30.08.2004 passed by the reference Court of the Senior Civil Judge, Atmakur, in O.P.No.77 of 1999, enhancing the compensation from Rs.7,000/- per acre to Rs.30,000/- per acre. The respondent’s land admeasuring Ac.1-23 cents situated at Bhanumukkala Village, Kurnool District, was acquired for excavation of the link channel to Velgode Balancing Reservoir. The notification under Section 4(1) of the Act of 1894 was issued on 14.05.1984. By Award No.17/85 dated 20.05.1985, the Land Acquisition Officer, upon due consideration, determined the market value of the acquired land at Rs.7,000/- per acre. The respondent received the compensation so awarded under protest and sought reference under Section 18 of the Act of 1894, claiming Rs.1,25,000/- per acre. The acquired land was classified as dry land irrigated by the K.C. Canal. The land was situated at a distance of two kilo metres from K.G.Road and was abutting the road from Velgode to Kurnool, via Vempenta. Though the respondent-claimant asserted that the land was used for raising commercial crops, no evidence was adduced in this regard. However, as the land enjoyed irrigation facility and dry lands of Velgode Village had been determined at the market value Rs.20,000/- per acre in various cases, the reference Court was of the opinion that the acquired land being better situated with irrigation facility would be of the value of Rs.30,000/- per acre. The reasoning of the reference Court, based upon the market value determined for dry lands in Velgode at Rs.20,000/- per acre which was confirmed by this Court, is unassailable. As the respondent’s dry land was provided with irrigation facility, it obviously stood on a higher footing than the land for which the value had been fixed at Rs.20,000/-. As there were no comparable sales to be taken into account, the reference Court effected enhancement by reasonable standards and fixed the market value at Rs.30,000/- per acre. We see no error in the process or reasoning adopted by the reference Court for determining the market value warranting appellate interference. The appeal is accordingly dismissed. There shall be no order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 21st DECEMBER, 2010 PGS