THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1307 OF 2002 Dated. 04-2-2010 Between: The Special Deputy Collector, Hanamkonda …Appellant Vs. E.Raji Reddy and others ..Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1307 OF 2002 JUDGMENT (Per NRLN,J) The appeal is filed against the order of the learned Senior Civil Judge, Mahabubabad in O.P.No.42 of 1996 enhancing the market value of the compensation from Rs.10,000/- to Rs.15,000/-. An extent of Ac.4.37 guntas of land situated at Malampally Village was acquired for the purpose of excavation of Morvancha Branch canal and draft notification was given on 02-04-1986 and an award enquiry was conducted and market value of the acquired lands was fixed @ Rs.10,000/- per acre. The claimants were not satisfied with the market value fixed by the Land Acquisition Officer and they claimed market value at Rs.50,000/- per acre. Accordingly, the reference was made to the civil court. On behalf of the claimants, PW.1 was examined and no documents were marked and on behalf of the referring officer, RW.1 was examined and Ex.B-1 was marked. The points that arise for consideration are:- (1) Whether the enhancement granted by the learned Senior Civil Judge is legal and sustainable? (2) To what relief? POINTS:- Though there is no documentary evidence to prove the claim of the claimants for Rs.50,000/- per acre as market value and though the lower court has also considered the shortcomings of the Land Acquisition Officer in not considering some of the sales, has taken into consideration mainly the fact that the Land Acquisition Officer has not taken into consideration the fertility and evidently there are available wells and enhanced the compensation to the land and wells. Taking into consideration the enhancement relates to very small extent of land involving small amount of compensation, the learned Senior Civil Judge has given sufficient reasons and in particularly the potentiality of the land and that they are being cultivated under well and therefore we are not inclined to interfere with the order of the lower court. Accordingly, the appeal suit is liable to be dismissed. The points are answered accordingly. Accordingly, the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 04-2-2011 TSNR