THE HON’BLE SRI JUSTICE V. ESWARAIAH And THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.753 of 2000 JUDGMENT: (Per Hon’ble Sri Justice V. Eswaraiah) This appeal, under Section 54 of the Land Acquisition Act, 1894, (for short ‘the Act’) by the Land Acquisition Officer-cum-Special Deputy Collector, Y.R.P. Unit III, Peddapuram, is directed against the common order dated 17.08.1999 passed in O.P.No.485 of 1990 and batch on the file of the Senior Civil Judge, Peddapuram. An extent of Ac.4.00 of land belonging to the claimants in the present O.P. situated in Sy.No.425/1 of J. Annavaram village, along with other lands were acquired by the Government for the purpose of Yeleru Reservoir Project pursuant to the notification issued under Section 4 (1) of the Act dated 3.09.1987. The possession of the lands was taken on 6.07.1989. The Land Acquisition Officer, after conducting award enquiry, passed Award No.21 of 1989 dated 6.07.1989 fixing the market value of the acquired lands at Rs.18,000/- per acre for Category-I lands i.e., Ac.3.90 cents and Rs.3000/- per acre for Category-II lands i.e., Ac.0.10 cents. The claimants being not satisfied with the award of compensation received the amount under protest and sought to refer the matter to the civil Court under Section 18 of the Act. On reference being made, they appeared before the reference Court and filed their claim statements. The reference Court on consideration of the oral and documentary evidence adduced by the claimants, observed that under Ex.R.2-certified copy of judgment in A.S.No.2913 of 1996 dated 17.03.1998 the Government acquired the land of one Palivela Lakshmi situated in the same village for the same purpose, the High Court fixed the market value @ Rs.40,000/- per acre for the dry lands and Rs.55,000/- per acre for the wet lands. Under Ex.R.3-certified copy of judgment in A.S.No.2733 of 1986 and batch dated 26.02.1998 for the lands acquired belonging to one Totakura Nookalamma and others situated in Lakkavaram village the High Court fixed the market value @ Rs.50,000/- per acre. Following the judgments under Exs.R.2 and R.3, the reference Court fixed the market value of the acquired land in the present O.P. @ Rs.50,000/- per acre. Aggrieved by the same, the present appeal is filed. The learned counsel for the appellant submits that the judgments marked under Exs.R.2 and R.3 squarely covered by the issue raised in the present appeal. Hence the appeal is liable to be dismissed. In view of the same, the appeal is dismissed. There shall be no order as to costs. _________________ V. ESWARAIAH, J. ______________ NOUSHAD ALI, J. 6th October, 2010 Js.