THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.342 OF 2005 DATED 18TH JANUARY, 2011 BETWEEN: The Land Acquisition Officer, (Special Deputy Collector), SRSP, Pochampad, Nizamabad District. … Appellant a n d Alur Gangavva and Others. … Respondents/Claimants THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.342 OF 2005 J U D G M E N T (Per Sri Justice Sanjay Kumar) The State is in appeal against the Order and Decree dated 10.09.2003 passed by the reference Court of the learned Additional District Judge, Nizamabad, in O.P.No.665 of 1995. By the said Order and Decree, the reference Court enhanced the market value determined by the Land Acquisition Officer at Rs.7,500/- per acre to Rs.24,000/- per acre. Under notification dated 02.12.1992 issued under Section 4(1) of the Land Acquisition Act, 1894, the State acquired various extents of land situated in Khanapur Village of Armoor Mandal, Nizamabad District, which were coming under submergence of Sri Ram Sagar Project Reservoir. After due enquiry, the Land Acquisition Officer-cum-Special Deputy Collector, SRSP, Pochampad, Nizamabad, determined the market value of the acquired land at Rs.7,500/- per acre. Aggrieved by such determination, the respondents herein, being the owners of the lands so acquired to the extent of Ac.2.22 guntas, sought reference under Section 18 of the Land Acquisition Act, 1894 which was taken on file as O.P.No.665 of 1995 by the reference Court of the learned Additional District Judge, Nizamabad. The claimants examined two witnesses and marked two documents in support of their claim that the market value ought to have been fixed at Rs.55,000/- per acre. The reference Court placed reliance on Ex.B.1 sale deed marked by the claimants. The sale transaction under Ex.B.1 dated back to more than three years prior to the date of notification but the land involved therein was stated to be similar in nature and fertility to the acquired land. Further, Ex.B.2, being the certified copy of the Judgment in O.P.No.600 of 1993 dated 02.12.1999 reflected that the reference Court, while dealing with similarly situated land at Khanapur Village which was submerged under SRSP Reservoir, determined its market value at Rs.20,000/- per acre. The land covered by Ex.B.2 was also stated to be similar in nature and fertility to the acquired land. Taking note of the lapse of two years since such determination, the reference Court was inclined to extend the benefit of escalation by 10% per annum on the value fixed under Ex.B.2. Thereby, the reference Court determined the market value of the land at Rs.24,000/- per acre. In the light of the cogent reasoning manifested by the order under appeal, we find no cause to exercise appellate jurisdiction and interfere with the Order and Decree. The Appeal is devoid of merit and is accordingly dismissed. There shall be no order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 18TH JANUARY, 2011. PGS