IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF MARCH, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2060 OF 1999 Between: Revenue Divisional Officer, Gudivada. … Appellant And: The Secretary, Andhra Jatiya Kalasala, Machilipatnam and two others … Respondents THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2060 OF 1999 JUDGMENT: (Per AGR,J) This appeal, under Section 54 of the Land Acquisition Act 1894 by the Land Acquisition Officer-cum- Revenue Divisional, Officer, Gudivada, is filed assailing the correctness of the order passed in O.P.No.117 of 1982 on the file of the Subordinate Judge, Gudivada, dated 17-02-1989, whereby the learned Subordinate Judge answered the reference made under Section 18 of the Land Acquisition Act by fixing the market value of the acquired land at Rs.19,000/- per acre, i.e., double the amount awarded by the Land Acquisition Officer. 2. A notification under Section 4(1) of the Land Acquisition Act was published in the A.P. Gazette on 14- 08-1980 acquiring an extent of Ac.2-95 cents in R.S.No.101/2 of Konthavaram village, for the purpose of construction of 33/11 KV sub-station. Possession of the land was taken on 10-09-1980. The Land Acquisition Officer after complying with the formalities basing on the sale statistics obtained by him three years preceding to the issuance of the notification passed an award on 31- 08-1992 fixing the market value of the acquired land at Rs.9,500/- per acre. Dissatisfied with the said fixation of the market value, the claimant sought for reference to the Civil Court under Section 18 of the Act. On reference being made, the claimants adduced oral and documentary evidence seeking enhancement of compensation. 3. Ex.A-1 is the registration extract of the sale deed dated 26-02-1978 where Ac.0-04 1/3 cents of land was sold at Rs.2,000/- in Konthavaram village. P.W.1 deposed that the land covered by Ex.A-1 is 10 yards away from the acquired land and whereas under Ex.A-2 sale deed, an extent of 120 square yards was sold in Gudlavalleru village, but the same were not taken into consideration by the learned Subordinate Judge. The learned Subordinate Judge, after taking into consideration the registration extracts of sale deeds which were discussed by the Land Acquisition Officer in his award, where the lands in Sy.No.101 were sold at Rs.9,500/- in December, 1977 after considering the time gap, fixed the market value double the amount of compensation. 4. Now, it is represented by the learned Government Pleader for Appeals that the entire compensation amount had already been deposited long back and withdrawn by the claimants. This appeal had been filed subsequently with a petition to condone the delay. The Land Acquisition Officer was not prompt in obtaining stay and instead deposited the entire amount without taking steps to file the appeal in time. 5. The appeal, therefore, does not call for adjudication on merits at this length of time. 6. The appeal is accordingly dismissed. There shall be no order as to costs. _________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J Date: 23.03.2010 Lrkm/Bss.