THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.347 OF 2007 DATED 22ND DECEMBER, 2010 BETWEEN The Special Deputy Collector (LAO), Telugu Ganga Project, Nandyal. … Appellant/ Referring Officer And Momin Kulsum Bee Died, by L.Rs. and Others … Respondents/ Claimants THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.347 OF 2007 JUDGMENT: (Per SK,J) In a reference under Section 18 of the Land Acquisition Act, 1894 (for brevity, ‘the Act of 1894’) in O.P.No.23 of 2000, the Court of the Senior Civil Judge, Atmakur, by order dated 22.03.2005 enhanced the compensation awarded from Rs.5,500/- per acre to Rs.18,000/- per acre. Aggrieved thereby, this appeal at the behest of the State. An extent of Ac.9.00 cents situated in various survey numbers of Velgode Village belonging to the respondents was acquired for the formation of Velgode Balancing Reservoir. By Award No.9/84 dated 13.11.1984, the Land Acquisition Officer, upon due enquiry, classified the lands into various categories. In so far as the acquired land in the present case is concerned, it fell under the category of irrigable dry land. The Land Acquisition Officer fixed the market value at Rs.5,500/- per acre for such irrigable dry land. Dissatisfied therewith, the respondents sought reference under Section 18 of the Act of 1894 which was taken on file by the reference Court as O.P.No.23 of 2000. The reference Court placed reliance on Ex.A.3 sale deed dated 20.09.1983, which related to an extent of Ac.0.50 cents whereunder the sale consideration put the market value of the land sold at Rs.19,000/- per acre. Further, the reference Court was also guided by Ex.A.1, being the common order in O.P.No.958 of 1988 whereby the market value for dry lands in Velgode Village was determined at Rs.20,000/- per acre. This determination found favour with this Court as reflected under the order marked as Ex.A.2. The reference Court accepted the sale transaction under Ex.A.3 sale deed to be a true and genuine one and as the value fixed by the reference Court in the earlier O.P. had been confirmed by this Court, the reference Court adopted the value of Rs.20,000/- per acre as being the appropriate value for irrigable dry lands under Government tanks and Rs.18,000/- per acre as being the appropriate value for cultivable waste lands under irrigable dry lands. As the extent of Ac.9.00 cents owned by the respondents situated in Velgode Village fell under the category of cultivable waste lands classified as irrigable dry lands, the reference Court enhanced the market value from Rs.5,500/- per acre to Rs.18,000/- per acre. As this Court had occasion to deal with the determination of dry lands under Government tanks in Velgode Village in earlier cases and confirmed the market value of such lands at Rs.20,000/- per acre, we see no reason to take a different view in this matter. Therefore, the proportionate scaling down of the market value for cultivable waste lands under irrigable dry lands, pegging the same at Rs.18,000/- per acre is not unreasonably high or opposed to the evidence on record. We therefore see no error in the Order under appeal. The Appeal is accordingly dismissed. There shall be no order as to costs. _______________________ GODA RAGHURAM, J. ____________________ SANJAY KUMAR, J. 22ND DECEMBER, 2010. VGSR