HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2113 of 2000 Dated: 23-04-2010 Between: The Special Deputy Collector, L.A. Unit, Warangal. Appellant AND P.Mohana Reddy. Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2113 of 2000 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is directed against the orders of the Principal Senior Civil Judge, Warangal, dated 28.04.2000 made in O.P.No.79 of 1993 whereby the compensation for the acquired land was enhanced from Rs.20,000/- to Rs.28,000/- per acre. An extent of 2.80.5; 2.92.5 and 1.00.0 in total 6.773.0 hectors of land in which the claimant has 1/4th share was acquired by Government for the purpose of foreshore submersion of PABR by publishing draft notification under Section 4(1) of the Act on 1.1.1990. The Land Acquisition Officer after conducting enquiry, passed an award on 22.2.1992 fixing the market value of the acquired land at Rs.20,000/- per acre. The claimant having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimant appeared and filed claim statement before the reference Court claiming compensation at Rs.60,000/- per acre. To prove the market value, on behalf of the claimant, P.Ws.1 and 2 were examined and Ex.A.1, registration extract of sale deed, dated 6.2.1988 was marked. On behalf of the referring Officer, no oral evidence was adduced, but the award and award proceedings were marked as Exs.B.1 and B.2. The claimant as P.W.1 deposed that the acquired land is fertile and wet land, and that he used to raise paddy in the land and get double crop and used to get 40 to 45 bags per acre per crop and that he used to get a net income of Rs.10,000/- per acre and get Rs.20,000/- per annum and that at the time of acquisition, the prevailing market value was at Rs.50,000/- to Rs.60,000/- per acre. Ex.A.1 is the registration extract of sale deed, dated 6.2.1988 under which, the land situated in Jayapuram Village to an extent of Ac.1.23 cents was sold at Rs.35,000/- per acre. To prove Ex.A.1 transaction, P.W.2, the purchaser was examined. Further, the notification under Section 4(1) of the Act was issued two years after the sale deed covered by Ex.A.1. The evidence of P.Ws.1 and 2 was unrebutted by the Land Acquisition Officer. Therefore, prima facie it appears the market value of the acquired land as on the date of acquisition is more than Rs.35,000/- per acre, and whereas, the reference Court fixed the market value at Rs.28,000/- per acre only, which is less than the prevailing market value as on the date of acquisition. In that view of the matter, we do not see any merit in the appeal. The appeal fails and the same is accordingly dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 23, 2010 G.V. SEETHAPATHY, J. Tsr.