IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE FIFTEENTH [15TH] DAY OF APRIL, TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE A.GOPAL REDDY & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.423 of 2000 Between: The Special Tahsildar, (The Land Acquisition Officer) Unit No.IV, Jaangareddigudem, … Appellant And: Motepalli Atchutaramaiah & 10 others … Respondents HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY AS No.423 of 2000 JUDGMENT: [Per AGR, J] This appeal, under Section 54 of the Land Acquisition Act, by the Special Tahsildar (Land Acquisition Officer), Jangareddigudem, questioning the enhancement of the compensation by the learned Subordinate Judge, Kovvur, passed in OP No.5 of 1990 dated 10.09.1991. 2. An extent of Ac.18.51 cents of land belonging to the respondents/claimants, was acquired by the Land Acquisition Officer, Jangareddigudem, for formation of Vengalaraya Sagar Reservoir, across Yerrakalva, by issuing notification under Section 4(1) of the Land Acquisition Act, and the same was published in A.P. Gazette on 15.03.1979. The Land Acquisition Officer by his award No.99/86 dated 23.3.1986, fixed the market value of the acquired land at Rs.6,000/- per acre. 3. On reference being made to the civil Court at the instance of the claimants, they appeared and filed claim statements. In order to prove the market value for the acquired lands, on behalf of the claimants, PWs.1 and 2 were examined and marked the certified copies of the common order dated 25.04.1984 passed in OP Nos.91 to 94 of 1983, common judgment dated 26.04.1989 in AS Nos.1921 and 2122 of 1987, common order dated 29.12.1989 in OP No.65 of 1987 and OP No.83 of 1987 batch and judgment dated 25.04.1989 in AS No.2500 of 1986, as Exs.A.1 to A.4, respectively. On behalf of the Referring Officer, RW.1 was examined but no documents were marked. 4. The High Court in Ex.A.2 common judgment dated 26.04.1989 in AS Nos.1921 and 2122 of 1987 batch and in Ex.A.4 judgment in AS No.2500 of 1986, fixed the market value for the acquired lands therein at Rs.22,000/- per acre, which were acquired for the same purpose, situated in Mathannagudem village. The Land Acquisition Officer, who was examined himself as RW.1 admitted that the lands covered under Ex.A.1 to A.4 and the lands acquired, are different in fertility and for the acquired lands water facility was available throughout the year and that plantains, tobacco and sugarcane etc., commercial crops are being raised in the acquired lands. He further admitted that Mathannagudem village is adjacent to Vegavaram village and are similar in fertility. Thus, the trial Court, after taking into consideration of the previous awards passed by the different Courts and the enhancement made by the High Court, rightly fixed the market value of the acquired lands at Rs.22,000/- per acre. Further, we have noticed that the appeal against R.2 and R.11 has already been dismissed for default on 04.02.1998 and the award against them became final. In view of the same, we see no merits in this appeal. 5. In the result, the appeal is dismissed. There shall be no order as to costs. _________________ A.GOPAL REDDY, J ___________________ G.V.SEETHAPATHY, J Date: 15.04.2010 bss