IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTIETH NINETH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No. 1762 OF 2001 Between: Special Deputy Collector (Land Acquisition), Unit-II, Telugu Ganga Project, Nandyal Appellant AND Boya Pullaiah Respondent The Court made the following : JUDGMENT: (per THE HON’BLE SRI JUSTICE V.ESWARAIAH) Heard both the counsel. This appeal at the instance of the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short the Act) is preferred questioning the order and decree dated 16.10.1992 passed by the learned Subordinate Judge, Atmakur, Kurnool District in O.P. No.171 of 1988. The land of the claimant to an extent of Ac.1.51 cents in survey number 1576 situated at Velugodu village, was acquired for the purpose of formation of Velgode Balancing Reservoir, pursuant to the notification issued under Sec. 4(1) of the Act dated 3.5.1984 and the Award under Ex.B-1 was passed on 13.11.1984 fixing the market value of the acquired land at Rs.6,500/- per acre. Under the same award lands of nine claimants were also acquired and all the ten O.Ps. were tried together by adducing common evidence. On behalf of the claimant, PWs 1 to 4 were examined and Exs. A-1 to A-3 were marked. On behalf of the Referring Officer, RW-1 was examined and Ex. B-1 Award and Ex.B-2 Award Enquiry Statement were marked. The Reference Court based on the oral and documentary evidence, by the order impugned, enhanced the market value of the acquired land to Rs.20,000/- per acre. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. The documents that were produced before the court below are Exs.A-1 and A-2 which are the sale deeds both dated 20.9.1983 and the land under Ex.A-1 was sold at the rate of Rs.19,000/- per acre. The sale transactions covered by Exs. A-1 and A-2 is 1½ years prior to the notification under Sec. 4(1) of the Act. Under Ex.A-3 dated 19.2.1976, an extent of Ac.0.98 cents was purchased for Rs.15,631/- i.e. eight years prior to the date of notification under Sec.4(1) of the Act. Therefore, we of the opinion that placing reliance on Exs. A-1 and A-2, the court below has rightly fixed the market value of the acquired land at Rs.20,000/- per acre. Though a contention is sought to be raised by the learned Government Pleader that some of the claimants have only claimed Rs.10,000/- per acre for the acquired land, but he has failed to precisely state what is the claim made by the respondent herein. In the absence of any specific material placed before this court with regard to the actual claim of the respondent – claimant, we are unable to accede to the contention of the learned Government Pleader, inasmuch as he has failed to distinguish as to which of the claimants have claimed only Rs.10,000/- per acre and who have claimed more than Rs.10,000/- per acre. Inasmuch as the market value determined by the Reference Court is just and reasonable, we are not inclined to interfere with the order impugned. Consequently, the appeal fails and is accordingly dismissed. No order as to costs. ________________ Justice V.Eswaraiah __________________ Justice K.S. Appa Rao December 20, 2011 MAS