IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE 27TH DAY OF APRIL, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1717 OF 2000 Between: The Land Acquisition Officer and Special Deputy Collector, Peddapuram … Appellant And Kakarapally Veeraswamy … Respondent This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1717 OF 2000 JUDGMENT: - (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for brevity, “the Act”), by the Land Acquisition Officer-cum- Special Deputy Collector, Peddapuram is filed questioning the enhancement of the compensation made by the Senior Civil Judge, Peddapuram in O.P.No.427 of 1990, dated 21.10.1999. An extent of Acs.2.59 cents of land situated in survey No.503 of Kambalapalem village hamlet of J.Annavaram village belonging to the claimant was acquired by the Government for the purpose of Yeleru Reservoir Project by issuing draft notification under Section 4(1) of the Act, dated 23.06.1989. The Land Acquisition Officer, after conducting award enquiry passed Award No.15/89, dated 23.06.1989 fixing the market value for the acquired land at Rs.12,000/- per acre. The claimant having not satisfied with the fixation of market value, sought for reference to the Civil Court under Section 18 of the Act. On reference being made, the claimant appeared before the reference Court by filing claim statement for enhancement of compensation. Before the reference Court, on behalf of the claimant, RWs.1 & 2 were examined and Exs.R.1 to R.3 were marked. No oral or documentary evidence was let in by the Land Acquisition Officer. The reference Court on appreciation of the oral and documentary evidence, observed that Ex.R1 shows that in J.Annavaram village Government acquired the land of one Palivela Lakshmi for the same purpose and in respect of the said transaction, this Court fixed the market value at Rs.40,000/- per acre for dry land through judgment, dated 17.03.1998 passed in A.S.No.2913 of 1996. Ex.R.2 document shows that in Lakkavaram village, which is also an adjacent village of Kambalapalem village, the Government acquired the land belonging to one Thotakura Nukalamma and others, wherein this Court fixed the market value at Rs.50,000/- per acre irrespective of classification of the land through judgment, dated 26.02.1998 passed in A.S.No.2733 of 1996 and batch. Ex.R3 shows that in Marriveedu village, one Pericherla Jagannadharaju sold an extent of Acs.0.88 cents of dry land for a consideration of Rs.40,000/- under a registered sale deed, dated 23.01.1986. R.W.2, who was examined to prove the sale transaction under Ex.R3, also stated that he paid consideration of Rs.40,000/- to Pericherla Jagannadhraju who sold an extent of Ac.0-88 cents under Ex.R3. Observing so, the reference Court after taking into consideration the proximity of the notification, and since the lands acquired are contiguous to the lands covered by the judgments passed by this Court as referred to above, rightly fixed the market value of the acquired land at Rs.40,000/- per acre treating the same as dry land, which in our considered view, is the true market value prevailing as on the date of issuance of notification. Therefore, no infirmity is discernible in the reasoning adopted by the reference Court in arriving at the market value, warranting interference by this Court. Accordingly, the appeal suit is dismissed. No order as to costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 27th April 2010 lmv