HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO DT. 31-5-2010 AS No.2114/2000 The Special Deputy Collector (Land Acquisition), H.L.C. Anantapur, …Appellant V. 1.K. Pothappa (died) his LRs , K.Gangamma , and) Venkataramana ..Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO AS No.2114/2000 JUDGMENT: (Per the Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) by the Special Deputy Collector (Land Acquisition), H.L.C. Anantapur is directed against the award and decree of the Principal Senior Civil Judge, Anantapur dt. 28-4-2000 passed in OP No.96/1993, whereunder reference under Section 18 of the Act was answered in favour of the respondents-claimants fixing the market value at Rs.28,000/- per acre as against Rs.20,000/- per acre awarded by the Land Acquisition Officer. An extent of Ac.5-82 cents of land situate in various survey numbers at Jayapuram village belonging to the claimants was acquired or the purpose of foreshore submersion of PABR, by issuing a draft notification under Sec. 4(1) of the Act. Out of which, the respondents-claimants have got half share. The Land Acquisition Officer after completing the necessary formalities passed an award fixing the market value at Rs.20,000/- per acre. Dissatisfied with the fixation of market value, the respondents-claimants sought for a reference under Sec. 18 of the Act to the Civil Court, where the respondents- claimants filed claim statement claiming compensation at Rs.50,000/- per acre. Before the reference court, on behalf of the claimants, P.Ws.1 and 2 were examined and Ex.A-1 was marked. On behalf of the Referring Officer, no witness was examined but Exs.B-1 and B-2 were marked on his behalf. The reference court, after considering the evidence let in by the parties, by the impugned award enhanced the market value from Rs.20,000/- per acre to Rs.28,000/- per acre. Questioning the quantum of compensation, the Special Deputy Collector (Land Acquisition), H.LC., Anantapur filed the present appeal. Ex.A-1 is the registration copy of sale deed dt.6-2-1988, under which, P.W.2 sold Ac.1-23 cents of land in S.No.128 of Peddakowkuntla village for a consideration of Rs.45,000/- per acre. P.W.2 in his evidence categorically stated that the land sold under Ex.A-1 is similar to that of the acquired land. The fields of Jayapuam village and Peddaowkuntla are separated by vanka and both the lands fetch the same market value. He denied a suggestion that Ex.A-1 was created for the purpose of claiming more compensation. Further, in Ex.B-2-award proceedings, the Land Acquisition Officer has clearly mentioned that the lands situated in S.Nos.70 and 77 are irrigated with the aid of well water and they are fertile and the red soil turned into black cotton soil due to constant wet cultivation. There are 8 palmyrah and coconut tree in S.No.70-2 and two neem trees and one babul tree on the portion of the land under acquisition. At preset in S.No.77 chilly crop has been raised and the remaining portion was kept ready to raise paddy crop with the aid of well water. Keeping in view of the above evidence, the reference court fixed the market value at Rs.28000/- per acre. After going through the evidence and the order of the reference court, we are convinced that the compensation amount fixed by the reference court is quite reasonable, and it needs no interference. . The appeal suit is accordingly dismissed. No costs. ___________________ A. GOPAL REDDY, J ________________ RAJA ELANGO,J Date:-31-5-2010 kmr .