IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G. BHAVANI PRASAD And THE HON’BLE SRI JUSTICE K.G.SHANKAR APPEAL SUIT No.1652 OF 1994 Between: A. Buchi Reddy & another ..... Appellants And The Land Acquisition Officer, (Sub-Collector,) Bhongir. …Respondent The Court made the following: HON’BLE SRI JUSTICE G. BHAVANI PRASAD And THE HON’BLE SRI JUSTICE K.G.SHANKAR APPEAL SUIT No.1652 OF 1994 JUDGMENT: (Per Hon’ble Sri Justice K.G. Shankar) The learned Subordinate Judge, Bhongir, awarded compensation at Rs.9,000/- per acre for the dry land of the appellants enhancing the same from Rs.4,000/- as fixed by the Land Acquisition Officer. Aggrieved by the said award, the claimants in O.P.No.27 of 1988 preferred the present appeal. 2. The claimants examined as many as four witnesses including the first claimant before the trial Court. The claimants placed reliance upon Ex.A-1 and Exs.X-1 to X-3 for determining the value of the acquired property. The learned trial Judge refused to place reliance upon Exs.X-1 to X-3 on the ground that they relate to small extents, while the land acquired was much larger in extent. The learned trial Judge placed reliance upon Ex.A-1. Ex.A-1 is a certified copy of an award, dated 15.04.1987, under which the Court determined the market value of dry land at Rs.9,000/- in a reference that arose under Section 18 of the Land Acquisition Act, 1894 (for short, ‘the Act’). Relying upon Ex.A-1, the learned trial Judge determined the market value at Rs.9,000/- per acre and fixed the additional market value and solatium in accordance with the provisions of the Act. 3. Heard Smt. Nargis Afshan Khan, learned counsel representing Sri Fazal Yousuffudin, learned counsel appearing for the appellants and Sri S.Md. Haneef, learned Assistant Government Pleader for respondent. 4. The appellants who are the claimants seek for enhancement of the market value of the acquired property. It may be noticed that Ex.A-1 is the copy of the award, dated 15.04.1987, filed by the claimants themselves before the trial Court. When the trial Court placed reliance upon the order copy filed by the claimants themselves and determined the market value, the claimants cannot now turn round and ask for an enhanced rate for the acquired property. The value as determined by the trial Court on the basis of Ex.A-1 deserves to be confirmed. 5. It may also be pointed out that the claimant Nos.1 and 2 made a claim before the Land Acquisition Officer at Rs.25,000/- and Rs.20,000/- per acre respectively. Before the trial Court, they claimed at Rs.20/- per square yard which would be about Rs.50,000/- approximately per acre. The claimant Nos.1 and 2 who made a claim at Rs.25,000/- and Rs.20,000/- per acre respectively before the Land Acquisition Officer cannot make a claim over and above the said amount before the reference Court. Even on this count, their claim is liable to be rejected. At any rate, where the claimants themselves filed Ex.A-1 and where the reference Court placed reliance upon Ex.A-1, the finding of the learned trial Judge is perfectly justified in determining the value at Rs.9,000/- per acre. We, therefore, see no merits in this appeal. 6. This appeal, accordingly, is dismissed. No costs. _______________________ (G. BHAVANI PRASAD, J) _______________________ (K.G. SHANKAR, J) Date: 22nd December, 2010 KL HON’BLE SRI JUSTICE G. BHAVANI PRASAD And THE HON’BLE SRI JUSTICE K.G.SHANKAR APPEAL SUIT No.1652 OF 1994 (Judgment delivered by Hon’ble Sri Justice K.G. Shankar) December 22, 2010. KL