HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No. 1720 of 2000 JUDGMENT: (per Honourable Sri Justice K.S.Appa Rao) Aggrieved by the judgment and decree in O.P.No.503 of 1990 dated 22.10.1999 on the file of the Senior Civil Judge, Peddapuram, the present appeal is filed. The appellant herein is the Referring Officer in O.P.No.503 of 1990. An extent of Ac.1.63 cents of land in Sy.No.377/2 of J.Annavaram Village belonging to the claimant was acquired for the purpose of Yeleru Reservoir Project under Award No.22 of 1989 dated 06.07.1989 pursuant to the notification under Section 4(1) of the Land Acquisition Act, 1894 (the Act) dated 26.08.1989. The Referring Officer (Land Acquisition Officer), after due enquiry, fixed the market value of the entire extent of Ac.1.63 cents at Rs.12,000/- per acre treating it as dry. Not satisfied with the said award, on a request made by the claimants, a reference was made by the Land Acquisition Officer under Section 18 of the Act. The Reference Court, in its judgment dated 22.10.1990, enhanced the compensation from Rs.12,000/- to Rs.40,000/-. Aggrieved by the same, the present appeal is filed. Learned Government Pleader for Appeals would contend that the enhancement of compensation from Rs.12,000/- to Rs.40,000/- by the Reference Court is erroneous and not based on the evidence on record and the same is illusory. The points for consideration is whether the enhancement of compensation from Rs.12,000/- to Rs.40,000/- as ordered by the Reference Court is just and reasonable and whether the impugned order is sustainable? Before the Reference Court, the claimant claimed enhancement of compensation and examined two witnesses as RWs.1 and 2 and got marked Exs.R.1 to R.3. Basing on Ex.R.1, the registration extract of sale deed executed by S r i P.Jagannadharaju in favour of RW.2 and another for Rs.40,000/- and Exs.R.2 and R.3 dated 17.03.1998 and 26.02.1998, the certified copies of the judgments in A.S.Nos.2913 of 1996 and 2733 of 1996 respectively on the file of this Court, the claimants claimed compensation at Rs.1,00,000/- per acre. It is the contention of the claimants that even on the date of 4(1) notification, the value of the land is more than Rs.1.00 lakh but the Land Acquisition Officer, without taking into consideration the sale deeds for the crucial period, awarded compensation. Admittedly, the government acquired the lands of one Palivela Lakshmi situated in J.Annavaram Village for the very same purpose of constructing Yeleru Reservoir Project and, in appeal, this Court fixed the market value at Rs.40,000/- per acre to those lands. Those lands were also dry lands and the same is evidenced from Ex.R.2. Ex.R.3 relates to the judgment of this Court awarding compensation at Rs.50,000/- per acre in respect of lands of one Thotakura Nookalamma. A perusal of these documentary evidence shows that the market value of the lands of the claimant was fixed at Rs.40,000/- per acre. Therefore, relying on Exs.R.1 to R.3, and discussing the evidence on record, the Reference Court came to the correct conclusion and enhanced the compensation from Rs.12,000/- to Rs.40,000/- . In any view of the matter, enhancing the compensation by the Reference Court is just and reasonable and needs no interference. Accordingly, the appeal is dismissed as de-merited confirming the findings of the Reference Court on all grounds. No order as to costs. V.ESWARAIAH,J K.S.APPA RAO,J Date:05.12.2011 usd