IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWELFTH 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. 2718 OF 1999 Between: K.Visalakshmi ..... Appellant AND Deputy Collector (Social Welfare), Cum-Land Acquisition Officer, Kurnool .....Respondent The Court made the following : ORDER: (per THE HON’BLE SRI JUSTICE K.S.APPA RAO) Being aggrieved by the judgment and decree dated 03.08.1999 in O.P. No. 26 of 1994 on the file of the Addl. Senior Civil Judge, Kurnool, the present Appeal is filed. The appellant is the claimant in O.P. No. 26 of 1994. An extent of Ac.5.60 cents of dry land in Sy.No.300 of Panchalingala village was acquired vide Award No. 153/76 dated 26.3.1976 and the market value was determined at the rate of Rs.2,500/- per acre. The claimant dissatisfied with the market value sought reference to the Civil Court and the Reference Court without enhancement in the market value, dismissed the reference. Aggrieved by the same, the present appeal is filed by the claimant. Learned counsel appearing for the claimant- appellant mainly urged that when the Land Acquisition Officer has fixed the market value at Rs.4,000/- for the lands acquired in the same village under Ex.B-5, the Reference Court ought not to have dismissed the reference affirming the market value at Rs.2,500/- as awarded by the Land Acquisition Officer. Now the point for consideration is whether the impugned order is sustainable and the claimant is entitled for enhancement in the market value? Before the court below, on behalf of the claimant - appellant, R.Ws. 1 to 3 were examined and Exs. B-1 to B- 5 were marked. On behalf of the respondent, PW-1 was examined and Exs. A-1 to A-5 were marked. Exs. B-2 to B-4 are the registration extracts of the sale deeds. Ex.B-2 is the registered sale deed dated 14.12.1967. Ex.B-3 is the registered sale deed dated 17.10.1974 and Ex.B-4 is yet another sale deed dated 22.9.1975. All these documents are prior to the notification under Sec.4(1) of the Act. Apart from these documents, a perusal of the oral evidence of R.Ws. 1 to 3 makes it clear that the lands under Exs. B-2 to B-4 are situated nearby the land in question and was sold at the rate of Rs.5,000/- to Rs.12,000/- per acre. As per Ex.B-5, order dated 25.8.1980 passed in OP No. 64 of 1975 and O.P. 346 of 1978 by the learned Addl. Subordinate Judge, Kurnool, the Land Acquisition Officer had determined the market value at Rs.4,000/- per acre for the land acquired in Sy. No. 373 of the same village and on reference, the Reference Court further enhanced the market value. Admittedly, the lands in question are also similar in nature and nearby the aforesaid lands. The Reference Court without taking into consideration Exs. B-2 to B-5 has erroneously affirmed the market value fixed by the Land Acquisition Officer, without any basis. Therefore, in the totality of the circumstances and in view of the positive evidence of R.Ws 1 to 3 and Exs. B-2 to B-5, it is amply established that the claimants are entitled to the market value for the acquired lands at Rs.4,000/- per acre. Accordingly, the market value of the acquired land is enhanced from Rs.2,500/- to Rs.4,000/- per acre. The Appeal is allowed enhancing the market value from Rs.2,500/- per acre to Rs.4,000/- per acre. It is needless to add that the claimants are entitled to all statutory benefits under the Act. No order as to costs. ________________ Justice V.Eswaraiah __________________ Justice K.S. Appa Rao December 12, 2011 MAS