IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE 27TH DAY OF APRIL, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.2635 OF 2000 Between: The Land Acquisition Officer and Special Deputy Collector, Y.R.P.Unit III, Peddapuram … Appellant And Chodisetty Ratnam … Respondent HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.2635 OF 2000 JUDGMENT: - (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal, under Section 54 of the Land Acquisition Act, 1894 (for brevity, “the Act”), by the Land Acquisition Officer- cum-Special Deputy Collector, Peddapuram, is filed questioning the enhancement of the compensation made by the Senior Civil Judge, Peddapuram in O.P.No.63 of 1992, dated 07-03-2000. 2. An extent of Ac.1-75 cents of land in Sy.No.353/2B, Ac.0- 21 cents in Sy.No.352/4 and Ac.1-02 cents in Sy.No.355/1A of J.Annavaram village, belonging to the claimant, was acquired by the Government for the purpose of Yeleru Reservoir Project by issuing draft notification under Section 4(1) of the Act on 24-08-1987. The Land Acquisition Officer, after conducting award enquiry, passed Award No.6/90, dated 15-02-1990, fixing the market value of the acquired land at Rs.21,000/- per acre for an extent of Ac.1-75 cents in Sy.No.352/2B and Ac.1- 02 cents in Sy.No.355/1A and at Rs.18,000/- per acre for an extent of Ac.0-21 cents in Sy.No.352/4. 3. The claimant, having not satisfied with the said fixation, sought for reference to the Civil Court under Section 18 of the Act. On reference being made, the claimant appeared before the reference Court by filing claim statement for enhancement of compensation. 4. Before the reference Court, on behalf of the claimant, RWs.1 and 2 were examined and Exs.R.1 to R.3 were marked. No oral or documentary evidence was let in by the Land Acquisition Officer. 5. The reference Court, on appreciation of the oral and documentary evidence, observed that Ex.R-1 copy of the judgment of this Court in A.S.No.2913 of 1996, dated 17-03- 1998 shows that for the lands in Kambalapalem village, hamlet of J.Annavaram village, belonging to one Palivela Lakshmi, which were acquired by the Government for the same purpose, this Court fixed the market value at Rs.55,000/- per acre for wet land; that Ex.R-2 copy of the judgment of this Court in A.S.No.2733 of 1996 and batch dated 26-02-1998, shows that for the lands in Lakkavaram village, which is an adjacent village of J.Annavaram village, acquired by the Government for the same purpose, belonging to Thotakura Nukalamma and others, this Court fixed the market value at Rs.50,000/- per acre irrespective of the classification of land; and that Ex.R-3-registration extract of sale deed, dated 23-01- 1986 shows that in Marriveedu village, one Pericherla Jagannadharaju sold an extent of Ac.0-88 cents of dry land for a consideration of Rs.40,000/-. In Ex.R-2, this Court upheld the genuineness of Ex.R-3 sale deed. The evidence of R.W.2, who was one of the vendors, also corroborated the sale transaction under Ex.R3. 6. Observing so, the reference Court, after taking into consideration the proximity of the notification and since the lands acquired are contiguous to the lands covered by the judgments passed by this Court as referred to above, had rightly fixed the market value for the entire extent of the acquired land at Rs.50,000/- per acre, which in our considered view, is the true market value prevailing as on the date of issuance of notification. Therefore, no infirmity is discernable in the reasoning adopted by the reference Court in arriving at the market value, warranting interference by this Court. 7. Accordingly, the appeal suit is dismissed. No order as to costs. ___________________ A.GOPAL REDDY, J _____________________ G.V.SEETHAPATHY, J 27th April 2010 Bss/lrkm