THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.971 OF 1998 Dated. 25-02-2011 Between: Special Deputy Collector, Srisalam Project, Kurnoo. …Appellant Vs. T.Savaraiah ..Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.971 OF 1998 JUDGMENT(Per NRLN,J) The Appeal is filed against the judgment in O.P.No.943 of 1988 on the file of the court of Subordinate Judge, Atmakur whereunder enhancement of compensation was granted to an extent of Ac.0.06 cents belonging to the claimant at the rate of Rs.95,000/- per acre as against the award of the Land Acquisition Officer @ Rs.3,600/-. A batch of O.Ps were tried together. The lands at Gummadapuram village have been acquired for S.S.Project, Kurnool and an award enquiry was conducted and the Land Acquisition Officer has fixed the value of Kallam at Rs.0.57/- paise per square yard. As the claimants were not satisfied with the same, a reference was made to the court below. On behalf of the claimant PWs.1 and 2 were examined and marked Ex.A-1. On behalf of the Referring Officer, RW.1 was examined and Ex.B-1 was marked. After considering the evidence on record, the learned Subordinate Judge enhanced the market value of the kallam at Rs.950/- per cent. Aggrieved by the said order, the present appeal is filed. The points that arise for consideration are:- 1. Whether the enhancement granted by the learned Subordinate Judge is legal and sustainable? 2. To what relief? POINTS: The lower court taking into consideration the evidence of PWs.1 and 2 and also Ex.A-1 sale transaction of the year 1960 whereunder each cent of the land was sold at Rs.1000/-, enhanced the compensation to Rs.950/- per cent. The location of the land is not in dispute and adjoins the village. The land is also said to be used as a Kallam. Evidently, the claimant has said to have lost his livelihood. It appears in the other batch of cases that there was enhancement of the compensation has become final. There is no proof of any other appeal and the result thereof. Therefore, in view of the above circumstances, since the acquired land is only Ac.0.06 cents and the difference of compensation, which comes to the claimant is only Rs.5,484/- after the enhancement, we do not find that the order of the lower court requires any interference particularly so when the claimant is a ryot and due to submergence the property was lost. Therefore, the points are answered accordingly against the appellant/referring officer. Accordingly the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 25-02-2011 TSNR