THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.S.APPA RAO A.S.No.2170 of 1998 JUDGMENT: (per the Hon’ble Sri Justice K.S.Appa Rao) Being aggrieved by the judgment and decree, dated 16- 08-1996, passed in O.P.No.49 of 1985 by the Subordinate Judge, Peddapuram, the present appeal is filed by the Government. The dry land of the claimant to an extent of Ac.5-23 cents in Sy.No.219/2 situated at Ramanayyapeta village, was acquired for formation of Yeleru Reservoir Project. Notification under Section 4(1) of the Act was published on 26-09-1980 and the Land Acquisition Officer, after due enquiry, awarded compensation @ Rs.3,000/- per acre. Dissatisfied with the said compensation, on the request made by the claimant, the reference was made. The Reference Court, after due enquiry, enhanced the compensation to Rs.20,000/- from Rs.3,000/-. Being aggrieved by the same, the present appeal is filed by the Government. The learned Government Pleader argued that the Reference Court without any documentary evidence enhanced the compensation from Rs.20,000/- to Rs.3,000/- per acre and the said compensation needs to be reduced. Now the point for consideration is whether the enhancement of compensation awarded by the Reference Court is just and reasonable and that the order of the Reference Court is sustainable? Before the court below, on behalf of the appellant, PW.1 was examined and Exs.A-1 to A-4 were marked. On behalf of the claimant, RWs.1 to 5 were examined and marked Exs.B.1 to B-6. It is borne out from the evidence that the land in question has high potential value and the same is evident from the evidence of RWs.1 to 5. The claimant mainly relied on Ex.B-1-certified copy of common judgment in O.P.No.11 of 1985. The claimant in O.P.No.11 of 1985 was examined as RW.5 and stated that cotton and chilli crops were being raised in the lands in question and his lands are by the side of the lands in question and that the trial court fixed the market value for the said lands @ Rs.20,000/- per acre and the same was also confirmed by this Court under Ex.B-3. Admittedly, the lands covered under Ex.B-1 are adjacent to the lands in question. Therefore, viewed from any angle and having regard to the totality of the circumstances, the finding of the Reference Court determining the market value of the land acquired at Rs.20,000/- per acre appears to be just and reasonable and we do not see any grounds to differ with the findings of the Reference Court. Accordingly, we see no merits in this appeal. In the result, the Appeal is dismissed, confirming the order of the Reference Court in all aspects. No order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date: 01-12-2011 Prv According to the evidence of PW.1, the lands in the vicinity of the acquired lands were sold at the rate of Rs.50,000/- per acre. According to PW.2, he has purchased the land covered under Sy.No.209 under Ex.X.1 and as seen from Ex.X.1 each acre of land was costing Rs.40,000/-. It is also the evidence of PW.3 that he purchased the land covered under Ex.X.2 measuring Ac.0.20 guntas of land @ Rs.27,500/-. According to the evidence of PW.4, he has purchased an extent of Ac.0.20 guntas of land for Rs.21,000/- under Ex.X.3. A perusal of the aforesaid documents Exs.X.1 to X.3, it is clear that the sales relates to small extents of lands and as such they do not represent the correct market value. The Government did not adduce any evidence to rebut the evidence of PWs.1 to 4. Apart from the oral evidence, documentary evidence is also adduced. Exs.X.1 to X.3 sale deeds are prior to 4(1) notification. Therefore, the market value noted under Exs.X.1 to X.3, can be taken into consideration while deciding the issue in right perspective. The trial Court while discussing the evidence on record, in particular the documentary evidence Exs.X.1 to X.3, awarded compensation of Rs.35,000/- per acre. A perusal of the impugned order and the Award show that the lands under acquisition have potential value. Therefore, viewed from any angle and having regard to the totality of the circumstances, the finding of the Reference Court determining the market value of the land acquired at Rs.35,000/- per acre and enhancement to Rs.8,500/- towards bore well appears to be just and reasonable, inasmuch as the enhancement by the Reference Court is basing on Exs.X.1 to X.3 sale deeds. Accordingly, we see no merits in this appeal.