IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD Dt.24.11.2011 PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No. 1744 OF 1998 Between: The Land Acquisition Officer, Special Deputy Collector (L.A.), Khammam ..... Appellant AND Yenisetti Radakrishna Rao .....Respondent The Court made the following : ORDER: (per THE HON’BLE SRI JUSTICE K.S.APPA RAO) Aggrieved by the judgment and decree dated 27.01.1998 in L.A.O.P. No. 201 of 1986 on the file of the Senior Civil Judge, Khammam, the present Appeal is filed. The respondent herein is the claimant in L.A.O.P.No.201 of 1986. An extent of 0.11 ½ guntas of land in S.No.25/1/3 and Ac.0.4 guntas of land in S.No.26/2/3, total admeasuring Ac.0.15 ½ guntas, located at Nagulavancha village, Chinthakani Mandal of Khammam District, was acquired by the Government for the purpose of laying a road from Khammam to Bonakal. Notification under Section 4(1) of the Land Acquisition Act was published on 29.12.1993 and the Land Acquisition Officer, after due enquiry, awarded compensation of Rs.1162.50, ie. @ Rs.3,000/- per acre, as per award dated 16.5.1985. Aggrieved by the said finding, on the request made by the claimant, reference was made to the Court of Senior Civil Judge, Khammam in L.A.O.P.No.201 of 1986. The reference Court, after due enquiry, enhanced the compensation to Rs.24,000/- per acre from Rs.3,000/-. Questioning the same, the present appeal is filed by the Land Acquisition Officer. The learned Government Pleader mainly argued that the trial Court without any basis awarded the compensation @ Rs.24,000/- per acre, which is erroneous, and that the order of the Court below is not sustainable. Now the point for consideration is whether the compensation enhanced by the Trial Court from Rs.3,000/- per acre to Rs.24,000/- per acre is justified, and the impugned order is sustainable? It is an admitted fact that the land in question was acquired for the purpose of laying a road from Khammam to Bonakal. Before the court below, on behalf of the respondent-claimant, PWs.1 and 2 were examined and got marked Exs.P.1 to P.3, and on behalf of the appellant- Land Acquisition Officer, no witness was examined and no document was marked. According to the evidence of PW.1, P.W.2 had sold 1500 square yards of land, in S.No.3, located at a distance of one furlong from the acquired land, to one Ramachandrachary, for a consideration of Rs.10/- per square yard, under the original sale deed Ex.P.2. Ex.P.1 is the protest petition made by similarly situated claimant. Ex.P.3 dated 28,01,1989 is the certified copy of the order passed by the Court below in O.P.Nos.192 to 200 of 1986, and 202 and 203 of 1986, filed by the claimants, whose lands were acquired by the Government for the same purpose under the same notification. The present claim petition in O.P.No.201 of 1986 was filed along with the above said O.P.s, but the same could not be disposed of since it was dismissed for default vide order of the Court below dated 14.12.1989. Thereafter, the said O.P.No.201 of 1986 was restored to file in pursuance of the order of this Court dated 13.08.1996 in C.R.P.No.1898 of 1992. A perusal of Ex.P.3 shows that the Court below fixed the market value of the acquired dry land at Rs.24,000/- per acre, and of the wet land, at Rs.30,000/- per acre. Admittedly no appeal was preferred on the aforesaid finding. It is not in dispute that the land in question is located in the close proximity of the other lands for which the market value was fixed by the Court below at Rs.24,000/- per acre, vide order under Ex.P.3. Based on Ex.P.3 and the earlier orders in the connected OP.s, the Trial Court fixed the market value at Rs.24,000/- per acre by assigning cogent reasons. Therefore, in any view of the matter, the finding of the Trial Court in awarding compensation of Rs.24,000/- per acre appears to be just and reasonable. Accordingly we see no merit in this appeal. In the result, the appeal is dismissed. No order as to costs. ________________ Justice V.Eswaraiah __________________ Justice K.S. Appa Rao Dt.24-11-2011 PNV