IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE 29TH 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.2290 OF 1999 Between: Land Acquisition Officer, Revenue Divisional Officer, Warrangal. … Appellant And Ch.Ramanaiah and two others. … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.2290 OF 1999 JUDGMENT: - (Per Hon’ble Sri Justice G.V.Seethapathy) This appeal is directed against the order dated 10.06.1999 in O.P.No.44 of 1991 on the file of Senior Civil Judge, Warrangal, wherein the reference Court enhanced the compensation fixing the market value of Rs.78,650/- per acre as against Rs.38,720/- per acre awarded by the Land Acquisition Officer. Heard the Government Pleader for the appellant/state. None appeared for the respondents. Perused the records. An extent of Ac.3-19 guntas of land in survey No.562 belonged to the claimants in Gorrekunta Village was acquired by the Government for providing house sites. Notification under Section 4(1) of the Act was issued on 22.07.1985. After due enquiry, the Land Acquisition Officer passed an award on 11.08.1988 awarding compensation at Rs.38,720/- per acre. Not satisfied with the same, claimants sought reference to the civil court for enhancing the compensation claiming that the market value of the acquired land is Rs.2,00,000/- per acre. Accordingly, reference was made under Section 18(1) of the Act. During the enquiry before the reference Court, the 1st claimant was examined as P.W.2 and the 2nd claimant’s husband was examined as P.W.1 and two other witnesses were examined as P.Ws.3 and 4 and Exs.A1 to A6 were marked. The Land Acquisition Officer was examined as R.W.1 and Ex.C1-Commissioner report and Exs.C2 and C3 - sketch maps were marked. On consideration of the evidence available on record, the reference Court fixed the market value at Rs.16.25 per square yard, basing on the sale deeds under Exs.A1 to A3 and also the decree and order under Exs.A4 and A6 passed in earlier O.P.No.131 of 1989. P.Ws.1 and 2 have testified that the land is a fertile land and is having potentiality for development as house sites and previously one Koteshwar Rao and Sailu sold the adjacent house plots in survey No.546 under registered sale deeds Exs.A1 to A3 at Rs.20/- per square yard. Exs.A1 to A3 were also filed in earlier O.P.No.131 of 1989 relating to the said acquisition and marked as Exs.A4 to A6 therein. The vendor of extents covered by Exs.A1 to A3 was also examined as P.W.2 in O.P.No.131 of 1989. It is not disputed and further the learned Government Pleader for the State stated that no O.P. is filed against the order and decree under Exs.A4 and A6 passed in O.P.No.131 of 1989, wherein the reference Court fixed the market value at Rs.20/- per square yard. The evidence on record shows that the subject land, which is acquired in the present O.P., is in no way inferior to the land covered by O.P.No.131 of 1989 and is on the other hand having better potentiality for development by virtue of its location. The subject land is adjacent to Warrangal-Narsampet P.W.D.Road. Under those circumstances, it cannot be held that the market value as fixed by the reference Court at Rs.16.25 ps. per square yard is excessive and unreasonable. On the other hand, it represents the true value of the subject land under acquisition. The impugned order passed by the reference Court granting compensation by fixing the market value at Rs.16.25 ps. per square yard together with the statutory benefits, does not, therefore, call for any interference by this Court. We do not see any merits in the appeal. In the result, the appeal is dismissed. No costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 29th April 2010 lmv