HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. DURGA PRASAD L.A.A.S. No. 459 of 2005 DATED: 14.04.2011 Between: Veluri Venkata Subrahmanya Surya Prakasam and three others .. Appellants And Land Acquisition Officer .. Respondents JUDGMENT:- (Per Hon’ble Sri Justice B. Prakash Rao) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) is filed by the claimants being aggrieved by the market rate as determined by the learned Senior Civil Judge, Bhimavaram, vide order and decree dated 04.06.2001 made in O.P. No.27 of 1991. The brief facts of the case are that an extent of Ac.02.11 cents of land in R.S. No.147 situated in Bhimavaram town was acquired by the Government vide its Notification dated 13.11.1987 issued under Section 4(1) of the Act, for the purpose of laying bye-pass road. However, the possession of the land was taken on 17.05.1986 and after enquiry was conducted, the Land Acquisition Officer, Narsapur passed an Award No.1 of 1990 dated 28.02.1990 fixing the market value at the rate of Rs.60,000/- per acre. Being dissatisfied with the quantum of compensation, the claimants sought for reference under Section 18(1) of the Act before the learned Senior Civil Judge, Bhimavaram. During the course of enquiry, PWs.1 to 5 were examined on behalf of the claimants and got marked Exs.A1 to A9 whereas on behalf of the respondent, RW1 was examined and got marked Ex.B1. Taking into consideration the aforesaid evidence and the material placed before it, the trial Court, by an order dated 04.06.2001, fixed the market value at the rate of Rs.78,000/- per acre. Challenging the impugned order, the claimants have preferred the present appeal. The learned counsel for the claimants has contended that having regard to the evidence both oral and documentary, the trial Court ought not to have fixed the market value at such a low rate inasmuch as the location of the land, which was acquired for the purpose of laying bye-pass road, is situated in commercial area. The learned Government Pleader for Appeals appearing for the respondent has contended that except the oral evidence, the documentary evidence is of not much use. Exs.A1 to A3 – Registration Extracts of Sale Deeds show that there are small extents of land whereas Exs.A4 to A7 – Registration extracts of various sale deeds, show that not only the large extents of land but also the amounts shown are quite varying which throw every doubt requiring correctness thereof. Considering these submissions and the material placed on record, the only point that arises for determination in this case is as to whether the market rate determined by the learned Senior Civil Judge is just and reasonable?. The main dispute is that the lands are situated in Bhimavaram town and there is lot of developmental activity in and around the town. Admittedly, the land in question was acquired only for the purpose of formation of bye-pass road, which normally abuts the main town, and it fetches a good price as rightly pointed out by the learned counsel for the appellants, but they are not prepared to accept the market value as fixed by the trial Court. Coming to Exs.A4 to A7, the rates are varying and running from Rs.1,93,400/- to Rs.4,08,000/- . Therefore, we are of the considered view that the market value can be safely fixed at Rs.1,50,000/- per acre following the market rate as fixed in Ex.A8. Hence, we hold that the appellants-claimants are entitled to compensation as per the market value fixed at the rate Rs.1,50,000/- per acre along with all statutory benefits. Accordingly, L.A.A.S. is allowed. No order as to costs. _________________ B. PRAKASH RAO,J 14.04.2011 __________________ P. DURGA PRASAD,J bcj