HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO DT. 31-5-2010 AS No.2008/2000 The Land Acquisition Officer (Mandal Revenue Officer, Kusumanchi, Khammam District., …Appellant V. J. Venkat Reddy ..Respondent The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO AS No.2008/2000 JUDGMENT: (Per the Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) by the Land Acquisition Officer (Mandal Revenue Officer), Kusumanchi, Khammam District is filed questioning the enhancement of compensation made by Senior Civil Judge, Khammam, in OP No.150/88 dt. 24-2-99. A draft notification under Sec.4(1) of the Land Acquisition Act, 1894 (for short “the Act”) proposing to acquire an extent of Ac.3-25 guntas of land in S.No.253/3 situated at Pocharam village for the purpose of providing house sites to the members of the weaker sections of the society was published on 5- 10-1986. The Land Acquisition Officer after complying with all due formalities passed an award dt. 14-8-87 fixing the market value of the acquired land at Rs.7400/- per acre. Dissatisfied with the fixation of the market value, the claimant sought for a reference under Section 18 of the Act to the Civil Court and the matter was referred to the Civil Court. On receipt of the reference by the Civil Court, the claimant appeared and filed their claim statement claiming compensation at Rs.25,000/- per acre. To prove the market value, the claimant examined P.Ws.1 to 3 and marked Ex.A-1. Ex.A-1 is the certified copy of order in OP No.95/89 on the file of Senior Civil Judge, Khammam. On behalf of the referring officer, R.Ws.1 and 2 were examined and Exs.B-1 to B-9 were marked. Through P.W.3- Commissioner, Exs.X-1 to X-4 were marked. The reference court after considering the evidence adduced by the parties, by the impugned award fixed the market value of the acquired land at Rs.15,000/- per acre . Ex.A-1 is the certified copy of judgment in LAOP No.95/1989 on the file of Senior Civil Judge, Khammam. Under Ex.A-1, the market value of the land, situated at Muthyalgudem village, was enhanced to Rs.30000/- per acre as against Rs.10,000/- awarded by the Land Acquisition Officer. The evidence adduced by the claimant discloses that P.W.2 sold Ac.2-16 guntas of land for a consideration of Rs.21,310/-. But no sale deed has been filed to substantiate his claim. Under Ex.A-1-judgment in OP No.95/1989, the Government acquired Ac.6-32 guntas in S.No.387/2 of Muthyalagudem village and fixed the market value at Rs.10,000/- per acre. Basing upon Exs.A-1 to A-4 produced in the said OP, the reference court enhanced the compensation to Rs.30,000/- per acre. Except Ex.A-1, the claimant did not file any documents. This Court in AS No.2156/1996 dt. 28-8- 1998 confirmed the market value fixed by the reference court at Rs..15000/- per acre as against Rs.12000/- awarded by the Land Acquisition Officer for the similar lands by adopting the capitalization method. Keeping in view of the same, the fixation of the market value at Rs.15000/- per acre is approximately 100% over and above the market value fixed by the Land Acquisition Officer. In our view, the market value fixed by the reference court at Rs.15,000/- is quite reasonable and it does not call for any interference by this court. Further in many of the cases, where enhancement of compensation is made over and above 100%, the Government issued GO not to prefer any appeals by depositing the compensation. Basin upon the said GO, this court disposed of several appeals. The appeal fails and is accordingly dismissed. No costs. ___________________ A. GOPAL REDDY, J ________________ RAJA ELANGO,J Date:-31-5-2010 kmr .