THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.1 OF 2006 DATED 19TH JANUARY, 2011 BETWEEN: The Land Acquisition Officer, (Referring Officer), Rajam. … Appellant/Referring Officer a n d Yerrapatruni Kurminaidu and Others. … Respondents/Claimants. THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.1 OF 2006 J U D G M E N T (Per Sri Justice Sanjay Kumar) This appeal by the State arises out of the Order and Decree dated 24.11.2004 passed by the reference Court of the learned Senior Civil Judge, Rajam, in L.A.O.P.No.132 of 2002. By the said Order and Decree, the reference Court enhanced the market value of the acquired land from Rs.25,000/- per acre to Rs.1,00,000/- per acre. An extent of Hectares 0-91-0 of wet land belonging to the respondents herein situated in K.M.Valasa Village, Regidi Amadalavalasa Mandal, Srikakulam District, was acquired by the State for excavation of a distributory under the Madduvalasa Reservoir Project Scheme. The notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 17.02.2000. After due enquiry, the Land Acquisition Officer fixed the market value of the acquired land at Rs.25,000/- per acre. Aggrieved thereby, the land owners sought reference under Section 18 of the Land Acquisition Act, 1894. Before the reference Court, the claimants examined five witnesses and marked four documents. The Special Deputy Collector was examined on behalf of the State as R.W.1 and the Award copy was marked as Ex.B.1. The reference Court, acting upon the suggestion of the State that the sale consideration under Ex.A.2 sale deed dated 02.07.1999 was inflated, eschewed the same from consideration. However, no such attack was made against Ex.A.1 sale deed dated 17.04.1999 relied upon by the claimants. The sale consideration in this transaction reflected the market value of the land sold, admeasuring Ac.2.16 guntas, at Rs.1,00,000/- per acre. As this land was situated at a distance of 200 yards from the acquired land, the reference Court placed reliance upon this transaction for the purpose of determining the market value. The claimants’ version that the acquired lands were double crop wet lands was not proved as no material was adduced in evidence in support of this claim. Further, they did not adduce any evidence to show that the market value of the land acquired would be in the range of Rs.2,50,000/- per acre. The reference Court therefore concluded that Ex.A.1 sale deed was the only reliable document in the case and accordingly determined the market value at Rs.1,00,000/- per acre. The learned Government Pleader for Appeals contended that this enhancement is unsustainable as there was no sufficient and acceptable evidence on record to support the same. However, he could not make out any case against Ex.A.1 sale deed, upon which the reference Court had placed reliance. Once the said sale is held to be a genuine and bona fide transaction, the sale consideration obtaining therein cannot be ignored. Reliance placed by the reference Court upon this sale transaction in determining the market value cannot therefore be said to be erroneous. In that view of the matter, we see no reason to interfere in appellate jurisdiction with the exercise undertaken by the reference Court. The Appeal is devoid of merit and is accordingly dismissed. There shall be no order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 19TH JANUARY, 2011. PGS