HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE K.S. APPA RAO A.S.No.1769 of 1998 ORDER: (Per Hon’ble Sri Justice K.S. Appa Rao) Aggrieved by the judgment dated 08-08-1997 passed in O.P.No.51 of 1987 on the file of the Subordinate Judge at Narsapur, the claimant therein preferred the present appeal. 2. The brief facts of the case are that the land of the claimant to an extent of Ac.1-51 cents in R.S.No.282/1 situated in Perupalem village of Narsapur Taluk, was acquired for the purpose of formation of road through the notification dated 15-03-1979 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). The Land Acquisition Officer, after due enquiry, passed award No.2 of 1986 dated 20-09-1986 fixing the market value of the acquired land at Rs.6,000/- per acre. The claimant, being not satisfied with the same, sought for reference of the matter to the Civil Court under Section 18 of the Act. Accordingly, the matter was referred to the Reference Court. 3. During the enquiry before the Reference Court, on behalf of the claimant, PWs.1 to 3 were examined and Exs.A-1 and A-2 were got marked. On behalf of the respondent, RW-1 was examined, however no documents were marked. 4. The Reference Court, after considering the material on record, dismissed the O.P. confirming the market value fixed by the Land Acquisition Officer at Rs.6,000/- per acre. Being aggrieved by the same, the present appeal is filed by the claimant. 5. Learned counsel appearing for the claimant-appellant mainly relied on Ex.A-1 and A-2, registration extracts of the sale deeds, which were executed subsequent to Section 4(1) notification. PWs.2 and 3 are the persons connected with Exs.A-1 and A-2 documents. 6. According to the evidence of PW-2, his wife purchased Ac.0-04 cents of site in R.S.No.365/3 of Perupalem village from one Sattineni Durgaiah for an amount of Rs.3,000/- on 04-07-1986 under Ex.A-1 sale deed. PW-3 also deposed that he purchased the land to an extent of Ac.0-04 cents under Ex.A-2 sale deed in the year 1986 from Sattineni Narasimha Murthy and his sons, for an amount of Rs.3,000/- and the said land is situated within the distance of a furlong from the acquired land. Admittedly the land in question is a garden land and it was acquired for the purpose of laying road, and the learned Government Pleader did not dispute the same. It is also an admitted fact that the Land Acquisition Officer furnished the number of Palmyrah trees, which are 197 big and 381 small in the lands in question, as on the date of taking possession. Therefore, in view of the evidence of RW-1, the land in question was a garden land and was yielding good income. In view of the escalation in the value of the lands and moreover when the land in question was acquired for laying the road, it can be said without slightest doubt that the acquired land is having good potentiality. Therefore, we are of the view that the enhancement of the market value by Rs.2,000/- per acre would be just and reasonable to meet ends of justice. 7. Accordingly, the market value of Rs.6,000/- per acre confirmed by the Reference Court is hereby enhanced to Rs.8,000/- per acre. 8. In the result, the appeal is allowed in part. The claimant is entitled to the market value of Rs.8,000/- per acre for the acquired land, along with all statutory benefits under the Act. No costs. _______________ V. ESWARAIAH, J _______________ K.S. APPA RAO, J Date: 01-12-2011 YCR