THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2511 of 1999 JUDGMENT: (Per AGR,J) This appeal, under Section 54 of the Land Acquisition Act 1894 by the Special Deputy Collector, L.A., High Level Canal, Anantapur, is directed against the order and decree dated 30-11-1998 of the Principal Senior Civil Judge, Anantapur, passed in O.P.No.16 of 1987, whereby the reference made under Section 18 of the Land Acquisition Act was answered in favour of the claimant by enhancing the market value of the acquired land to Rs.10,000/- per acre as against Rs.5,000/- per acre awarded by the Land Acquisition Officer. 2 . An extent of Ac.1-31 cents of land in Sy.No.56-A and an extent Ac.2-21 cents of land in Sy.No.56-D of Mylarampalli village in Urvakonda Mandal was acquired by the Government for foreshore submersion of PABR Dam. A draft notification under Section 4(1) of the Land Acquisition Act, 1894 [for short ‘the Act’] was issued and published in the Gazette on 14-02-1980. The Land Acquisition Officer in Award No.1/83 dated 16-03-1983 fixed the market value of the acquired land at Rs.5,000/- per acre. The respondent-claimant, having not been satisfied with the fixation of the market value by the Land Acquisition Officer, which is meagre, sought for reference to the Civil Court under Section 18 of the Act. On reference being made, the claimant appeared and filed claim statement claiming compensation of Rs.10,000/- per acre. 3. In order to prove the market value, the claimant himself was examined as PW.1 and one more witness was examined as P.W.2 and Ex.A1-endorsement given by the Sub-Registrar, Uravakonda with regard to non-issuance of sale deed executed by one Veerabhadragowd, was marked. On behalf of Referring Officer, R.W.1-Special Deputy Collector, Land Acquisition, High Level Canal Anantapur, was examined and Exs.B-1 to B-5 were marked on his behalf. 4. P.W.2, who was examined on behalf of the claimant, deposed that his father purchased Ac.0-25 cents of land under a registered sale deed dated 11-01- 1979 for a consideration of Rs.2,500/-, which comes to Rs.10,000/- per acre. The distance between the land in Sy.No.174-B and the acquired land, which is red soil, fertile and dry land with similar potentialities, is approximately 1 km, as stated by R.W.1, and the claimant used to raise groundnut crop in the said land. P.W.2 testified that the acquired land is having similar potency with the land covered by Sy.No.174-B. He was not cross-examined by the Land Acquisition Officer and therefore, his evidence stands unrebutted. 5. R.W.1, who was working as Special Deputy Collector, Land Acquisition, also deposed that the claimant used to raise groundnut crop in the acquired land, which is having similar potentialities with the land covered by Sy.No.174-B. Ex.B-3, sketch marked on behalf of the LAO, also shows that an extent of Ac.0-25 cents of land in Sy.No.174-B was sold for Rs.2,500/-, on 11-01-1979, which works out to Rs.10,000/- per acre. The reference Court, after taking into consideration the potentiality of the land covered by Sy.No.174-B and also the acquired land and the crops raised therein, fixed the market value of the acquired land at Rs.10,000/- per acre. Since R.W.1 has admitted that he has not awarded higher solatium, as per the Amended Act 68 of 1984, and the additional market value from the date of notification till the date of possession and interest, the reference Court awarded the same on the market value of the acquired land. 6. In view of the same, we do not find any illegality in the order of the reference Court in fixing the market value of the acquired land at Rs.10,000/- per acre and awarding additional market value, solatium and interest. 7. The appeal is accordingly dismissed. No order as to costs. _________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J Date: 02.03.2010 Lrkm. IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD TUESDAY, THE SECOND DAY OF MARCH, TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2511 OF 1999 Between: The Special Deputy Collector (L.A) High Level Canal, Anantapur. … Appellant And: P.Sreeramulu … Respondent