HON'BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.1310 OF 1999 Dt.22.6.2010 Between: The Special Deputy Collector (LAO) S.R.B.C., Nandyal. ..Appellant And Pinjari Badulla ..Respondent HON'BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.1310 OF 1999 JUDGMENT: (Per Sri Justice V.Eswaraiah) The Special Deputy Collector (Land Acquisition Officer), S.R.B.C., Nandyal, filed this appeal against the order of the learned Senior Civil Judge, Atmakur, in L.A.O.P.No.19 of 1990, dated 18.2.1999, for enhancing the compensation from Rs.2,575/- to Rs.14,000/- per acre. The respondent herein is the claimant. An extent of Ac.0.50 in Sy.No.613/B2 situated in Pamulapadu Village and Mandal was acquired for the purpose of S.R.B.C. canal. Draft notification was published in the District Gazette on 20.8.1984 and award No.10 of 1985, dated 10.9.1985, was passed by the Land Acquisition Officer fixing the compensation at the rate of Rs.2,575/- per acre for the lands acquired. Not being satisfied with the said award of the Land Acquisition Officer, the claimant sought reference under Section 18 of the Land Acquisition Act (for short, the Act) and the learned Senior Civil Judge, Atmakur, after considering the oral evidence adduced on behalf of the claimant i.e., P.W.1, the claimant and P.W.2, the vendor of Ex.A-1 sale deed, enhanced the compensation to Rs.14,000/- per acre. Learned Government Pleader for appeals appearing for the appellant submits that the court below erroneously enhanced the compensation from Rs.2,575/- to Rs.14,000/- per acre partly relying on Ex.A-1 sale deed, which relates to small extent of Ac.0.50 cents of land which is fit for house sites, whereas the land of the claimant was an agriculture land acquired for the purpose of S.R.B.C. canal. We have perused the records. The evidence available on record goes to show that the acquired land is nearby to the land covered under Ex.A- 1 sale deed. Therefore, the acquired land is also fit for house sites as it is nearby to the village. The learned Senior Civil Judge while taking into consideration Ex.A-1 partly based on the fertility, potentiality and location of the acquired land and the acquired land is also similarly situated to nearby land covered under Ex.A-1, enhanced the compensation to Rs.14,000/- per acre. Admittedly, Ex.A-1 shows that the land of Ac.0.50 cents was sold at the rate of Rs.40,000/- per acre, whereas the land in question, which was also acquired, was only an extent Ac.0.50 cents. Therefore, we are of the opinion that the enhancement of compensation from Rs.2,575/- to Rs.14,000/- is just and reasonable. We therefore do not see any merit in the appeal. The appeal is accordingly dismissed. No order as to costs. _________________ V.ESWARAIAH, J. _________________ NOUSHAD ALI, J. Dt.22.6.2010 kpr