THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.S.APPA RAO A.S.No.2028 of 1998 JUDGMENT: (per the Hon’ble Sri Justice K.S.Appa Rao) Being aggrieved by the judgment and decree, dated 22- 07-1997, passed in O.P.No.16 of 1989 by the Subordinate Judge, Machilipatnam, the present appeal is filed by the Government. The land of the respondents to an extent of Ac.2-81 cents situated at Lankala Kalavagunta village, Pedana Mandal, Krishna District, was acquired for the purpose of providing house sites to Scheduled Caste and Backward Classes. Notification under Section 4(1) of the Act was published on 28-08- 1984 and the Land Acquisition Officer, after due enquiry, awarded compensation @ Rs.8,000/- per acre. Dissatisfied with the said compensation, on the request made by the claimants, the reference was made. The Reference Court, after due enquiry, enhanced the compensation to Rs.15,000/- from Rs.8,000/-. Being aggrieved by the same, the present appeal is filed by the Government. The learned Government Pleader argued that the Reference Court without any documentary evidence enhanced the compensation from Rs.8,000/- to Rs.15,000/- and the said compensation needs to be reduced. Now the point for consideration is whether the enhancement of compensation awarded by the Reference Court is just and reasonable and that the order of the Reference Court is sustainable? Before the court below, on behalf of the claimants, PWs.1 and 2 were examined and marked Exs.A.1 to A.7. On behalf of the appellant/respondent, RW.1 was examined and Exs.B-1 to B-4 were marked. Among the said documents, Ex.A-1 is a registered agreement, dated 17-07-1984. It is well settled law that seeking enhancement of compensation basing on the agreement of sale is contrary to the provisions of the Land Acquisition Act. Therefore, no credence can be given to Ex.A-1. We have perused the evidence available on record. PW.1 in his cross-examination admitted that in general the average yield per acre is 20 to 25 bags per each crop. All the lands adjacent to the acquired land are wet lands and cultivable lands. The trial court, while discussing oral and documentary evidence, awarded compensation of Rs.15,000/- per acre. A perusal of the impugned order and the Award goes to show that the land under acquisition has potential value. Therefore, viewed from any angle and having regard to the totality of the circumstances, the finding of the Reference Court determining the market value of the land acquired at Rs.15,000/- per acre to Rs.8,000/- per acre appears to be just and reasonable, and therefore, we do not see any grounds to differ with the findings of the Reference Court. Accordingly, we see no merits in this appeal. In the result, the Appeal is dismissed, confirming the order of the Reference Court in all aspects. No order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date: 01-12-2011 Prv