THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.268 OF 2007 DATED 21ST DECEMBER, 2010 BETWEEN: The Special Deputy Collector (LAO), T.G.P., Nandyal. … Appellant/ Referring Officer And Kanakam Venkata Swamy … Respondent/ Claimant THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.268 OF 2007 J U D G M E N T (Per Sri Justice Goda Raghuram) This appeal by the State is against the Order and Decree dated 20.09.2005 of the reference Court of the learned Senior Civil Judge, Atmakur, in O.P.No.181 of 1990. A large extent of land in Bhanumukkala Village in different survey numbers was acquired for excavation of a link channel to the Velgode Balancing Reservoir under the Telugu Ganga Project. The land acquired from the respondent claimant is 1 acre. After a due process, the Land Acquisition Officer passed the Award dated 20.05.1985 determining the market value of the acquired land at Rs.7,600/- per acre. The Award also recorded that there was a mulberry crop in the land at the time advance possession was taken. Other lands in the vicinity also are recorded to have mulberry crop. Before the reference Court, the claimant and the farm worker in the mulberry garden of the claimant were examined as P.Ws.1 and 2 and a scientific valuation of the income derived from the pickings of the mulberry crop as furnished by the Assistant Director of Sericulture was also brought on record. The reference Court, basing on the valuation statement furnished by the Assistant Director of Sericulture and duly considering the nature of the land being dry land with no authorized source of irrigation, determined the net value of yield from the land at Rs.13,125/- per acre after deducting 50% towards expenses on the crop yield of Rs.26,250/- and by applying the multiplier of 5 for 5 pickings for 5 years, determined the market value at Rs.65,625/- on the capitalization method and determined compensation on that basis together with statutory benefits. We find no error in the analysis of the material on record or the adoption of the capitalization method by the reference Court which has duly considered the valuation of the yield determination as verified by the Assistant Director of Sericulture. The reference Court has also deducted 50% of the gross income towards the expenditure for raising and harvesting the mulberry crop. There is no error warranting appellate interference. The Appeal is dismissed but in the circumstances, without costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 21ST DECEMBER, 2010 PGS