THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE P. DURGA PRASAD APPEAL SUIT No.2147 OF 2000 JUDGMENT: (Per Hon’ble Sri Justice B. Prakash Rao) This Appeal Suit preferred against the order in O.P. No.419 of 1988 dated 27-10-1999 passed by the learned I Additional Senior Civil Judge, Kakinada, is at the instance of Nagarjuna Fertilizers and Chemicals Limited, a third party beneficiary, for whom the subject lands have been acquired by the State from the claimant – respondent No.1 herein. 2. In brief, the facts of the case are that the land, plot No.75, admeasuring 350 square yards in Survey No.239/2 of Suryaraopeta, Kakinada Manal, East Godavari District belongs to the claimant was acquired by way of issuance of notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) on 04-10-1985 for the purpose of the appellant herein at its request. Thereafter, the Land Acquisition Officer after conducting an enquiry passed an award fixing the value of the land at Rs.10/- per square yard. Being not satisfied with the rate fixed by the Land Acquisition Officer, claimant sought for reference under Section 18 of the Act and therefore the matter was taken up by the trial Court. 3. During the course of enquiry, the claimant got examined herself as CW.1 and also got examined the scribe of Exs.A-1 as CW.2 and got marked Ex.A-1 . On behalf of the Land Acquisition Officer, RWs.1 and 2 were examined and Exs.B-1 to B-5 were marked. 4. Having taken in to consideration the total material on record and also the evidence adduced by both sides, the trial Court fixed the value of the subject land at Rs.14-66 paise per square yard. Aggrieved of the same, appellant preferred this appeal. 5. Now the only point that arises for consideration is whether the value of the land as fixed by the trial Court is just and reasonable ? 6. There is no dispute with regard to the evidence leading to acquisition of the land belonging to the claimant and determination of the value of the land at the level of the Land Acquisition Officer and also the reference Court. 7. The amount awarded by the Land Acquisition Officer was at Rs.10/- per square yard and the amount claimed by the claimant under the reference was at Rs.125/- per square yard. But, the trial Court while refusing Ex.A-1 registration extract of the sale deed dated 19-12-1984 produced by the claimant and relying on Exs.B-4 and B-5, registration extract of the sale deeds, filed on behalf of the Land Acquisition Officer through RW.2, under which 267 square yards and 385 square yards of land, respectively, were sold at Rs.15/- per square yard which works out to Rs.72,600/- per acre, on 07-06-1983, which is much prior to notification under Section 4(1) of the Act, fixed the value of the land at Rs.14.66 paise per square yard. Further, there is no other sale transaction that is forthcoming to show any lesser value that can be fixed for the subject land. Thus, we are of the opinion that fixation of the value of the land at Rs.14-66 paise per square yard by the trial Court is just and reasonable. 8. In the circumstances, we see no infirmity or illegality in the impugned order warranting our interference, as such, the appeal is liable to be dismissed. 9. Accordingly, the Appeal Suit is dismissed. It is also made clear that the claimant is entitled to all the statutory benefits including interest on solatium and additional market value etc., as per the amended provisions of the Act. No order as to costs. ___________________ B. PRAKASH RAO, J January 28, 2011. __________________ P. DURGA PRASAD, J PV