THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.2312 OF 2001 JUDGMENT: (Per the Hon’ble Sri Justice N.V. Ramana) The Land Acquisition Officer-Special Deputy Collector, Ananthapur, filed this appeal challenging the order, dated 29.09.1999, passed by the learned Principal Senior Civil Judge, Anantapur, in O.P.No.83 of 1990. The brief facts of the case are as follows: The Government of A.P. acquired land of the claimant in Sy.No.174-B admeasuring Ac.0.03 cents of Mylarampalli village for the purpose of submersion of PABR Dam and after due enquiry, the Land Acquisition Officer fixed the value of the acquired land and passed award on 8.1.1990 and paid compensation of Rs.9,908-70 ps., which includes land value, solatium at 30%, structure value and 12% additional market value. Being dissatisfied with the compensation awarded, the claimant sought for reference under Section 18 of the Act. On reference being made, the claimant appeared before the Court below and filed claim statement claiming compensation at the rate of Rs.20,000/- per cent and Rs.1,00,000/- towards construction value of the house situated in the acquired land, in addition to the other amended benefits. Before the Court below, the claimant examined herself as P.W.1 and got Ex.A1 marked on her behalf. On behalf of the Referring Officer, no oral evidence was adduced, but Exs.B1 and B2 documents were marked. The Court below after considering the evidence on record, answered the reference fixing the value at Rs.9,480/- as compensation towards 1/4th share of the claimant. The Court below also directed the Land Acquisition Officer to pay solatium at 30% on such market value and additional market value at 12% for the period between the date of notification and the date of taking possession and to pay interest at 9% per annum for a period of one year from the date of taking possession and at 15% for the remaining period till the date of deposit. Aggrieved by the same, the Land Acquisition Officer filed the present appeal. The learned Government Pleader for Appeals contended that the compensation fixed by the Court below is illegal and excessive. On a perusal of the material on record, it is clear that the Land Acquisition Officer fixed the cost of house situated in the land acquired basing on the expert opinion. In a case of this nature, the important factors that are to be considered are the prices of adjacent land, the prices offered within a reasonable time and the opinion of expert. As the Land Acquisition Officer had not considered all these factors, the Court below taking the said factors into consideration fixed the compensation and we find no reasons to interfere with the same, particularly when the appellant except baldly stating that the enhancement of compensation is excessive, did not adduce any material before this Court to show that the compensation fixed is the excessive. In the result, the appeal is dismissed. There shall be no order as to costs. ________________ N.V.RAMANA, J _______________ K.S. APPA RAO, J Dated: 21.06.2011 Nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.2312 OF 2001 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 21.6.2011