IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO A.S.NO. 2266 OF 1991 Between: Revenue Divisional Officer an Land Acquisition Officer, Adoni ..... PETITIONER AND B.ch. Laxmaiah .....RESPONDENT ORDER: (per Sri Ghulam Mohammed, J) Revenue Divisional Officer and Land Acquisition Officer, Adoni is the appellant who has filed this appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) aggrieved by the judgment and decree in O.P No. 52 of 1988 dated 3.10.1989 on the file of the learned Subordinate Judge at Adoni. Brief facts of the case are that an extent of Ac.0.40 cents of land in S.No.66/2 of Kalavalagundu Village was acquired for construction of a percolation tank across the vanka near Pallepadu Village vide notification published in the gazette dated 4.12.1985 issued under Section 4(1) of the Act. The possession of the land was taken on 9.3.1983 by the Executive Engineer. The Land Acquisition Officer after following the procedure prescribed under law, passed Award on 31.1.1988 fixing the market value of the land at Rs. 5,000/- per acre for Pallepadu lands and Rs. 4,000/- per acre for Kalavalagundu lands. Being dissatisfied with the Award, the respondent-claimant sought for a reference under Section 18 of the Act and the Award has been accordingly referred and taken on file by the learned Subordinate Judge in O.P No. 52 of 1988. The learned Subordinate Judge upon appreciation of both documentary and oral evidence available on record fixed the market value of the acquired land at Rs.8,000/- per acre. Hence this appeal. In order to establish his claim, the respondent-claimant examined RWs 1 and 2 and got marked Ex. B1, registration copy of the sale deed for Rs. 1,5000 dated 22.1.1980. On behalf of the referring officer, Exs. A-1 to A-15 were marked. The learned Subordinate Judge upon appreciation of both oral and documentary evidence fixed the market value of the acquired land at Rs.8,000/-per acre taking into consideration Ex.B- 1, registration copy of the sale deed dated 22.1.1980, which shows that agricultural land near the village was sold at Rs. 20,000/- per are. He also held that the claimants are entitled for solatium at 30% per annum and interest was also awarded at 9% per annum from the date of taking possession as mentioned in the award for one year and at 15% pr annum after one year till the date of payment. Hence, the present appeal. We have heard the learned Government Pleader and also the learned counsel for the respondent-claimant. Learned Government Pleader contended that the judgment and decree of the reference Court is unjust and inequitable and the reference Court erred in enhancing the compensation to Rs.8,000/- per acre. The learned counsel appearing for the appellant submits that after considering the nature of the land and market value at the time of notification, the Land Acquisition Officer fixed the rate and the lower court should have held that the rate fixed by the Land Acquisition is proper. We are unable to persuade ourselves to accept the submission made by the learned counsel for the appellant. The value of the appeal is Rs. 1,000/-. Having regard to the involvement of trivial and insignificant amount, this appeal, in our considered opinion, ought not to have been preferred by the State. The Appeal shall accordingly stand dismissed. This Judgement, however, shall not operate as precedent for the purpose of determining the compensation in respect of other lands, if any acquired in the same village and under the same notification. There shall be no order as to costs. GHULAM MOHAMMED, J NOOTY RAMA MOHANA RAO,J DATE: 21.10.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies