THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.977 OF 1994 Dated. 31-12-2010 Between: The Land Acquisition Officer, Visakhapatnam …Appellant Vs. Muvva Chittemma ..Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.977 of 1994 JUDGMENT (Per NRLN,J) This appeal is filed against the judgment in O.P.No.40 of 1985 on the file of the court of I Additional Subordinate Judge, Visakhapatnam. An extent of Ac.0.33 1/5 cents of dry land in Sy.Nos.9/2 and 10/1 and 2 belonging to the claimant situated at Peda Waltair village was acquired and an award was passed on 31- 03-1981 fixing the market value @ Rs.9.59 paise per square yard together with value of the trees and structures thereon. The claimant was not satisfied with the compensation and accordingly at her instance, the reference was made to the civil court. The claimant contended that the land in that area was costing to Rs.100/- per square yard as on the date of notification, which is 02-12-1979 and the value was fixed for the structures was also low and wanted compensation to be fixed at Rs.100/- per square yard and Rs.50/- per each tree. The learned Senior Civil Judge fixed the market value @ Rs.12.60 paise and granted the attendant benefits. Aggrieved by the said order, the present appeal is filed. In support of the claim of the claimant, PWS.1 and 2 were examined and marked Ex.A-1 and on behalf of the referring officer, the award was marked as Ex.B-1. The points that arise for consideration are:- (1) Whether the enhancement granted by the learned Senior Civil Judge is legal and sustainable? (2) To what relief? POINTS: As can be seen from the order of the lower court, the Land Acquisition Officer has considered several sales and took into consideration a sale deed dated 02-06-1978. The claimant relied on a sale deed (Ex.A-1) dated 15-12-1978 of a house plot of 460 square yards which was sold at Rs.40/- per square yard. The lower court found that the sale transaction is for a different land, is away and not having the similar potentialities. The Ex- Village Munsiff was examined as PW.2 and he deposed about the market value during the year 1978-79 is Rs.60/- per square yard. The lower court also found that the arrival of the market value by the Land Acquisition Officer is also not real. But, however the lower court taking into consideration that the sale transactions under Exs.A-1 and A-2 relied on by the claimant is nearer to the date of notification and the property is in a developed and approved lay out area, certain deductions can be made and accordingly deducted 50% of the value, because the property is not in a developed area and deducted Rs.8.40 paise towards reclamation charges and arrived at Rs.11.80 paise per square yard and taking into consideration the time lag between the date of notification being 22-03-1979 and the sale deed (Ex.A-1) being dated 15-12-1978, an amount of Rs.1/- per square yard was given as waitage to the price and consequently arrived at the market value at Rs.12.60 ps. The market value fixed for the structures and trees was confirmed by the lower court. Taking into consideration the extent of the land and the reasons given by the lower court for enhancement which by any reason cannot be said to be abnormal or excessive, we do not find any grounds to interfere with the order of the lower court. Accordingly, the appeal suit is liable to be dismissed. The points are therefore answered accordingly. Accordingly, the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 31-12-2010 TSNR