IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE N.RAVI SHANKAR A.S. No. 664 OF 1998 Between: The Special Deputy Collector, (Land Acquisition) Yeluru Left Main Canal, Anakapalli Appellant AND Vegi Chitambaram (died) per L.R. Smt. Vegi Paradesamma. Respondents The Court made the following : JUDGMENT: (per THE HON’BLE SRI JUSTICE V.ESWARAIAH) Heard. The first respondent died and his legal representative was brought on record as Respondent No.2. The respondent No.2 though served, none appears on her behalf. This appeal is preferred by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short the Act) questioning the order and decree dated 02.12.1994 passed by the learned Subordinate Judge, Anakapalli, Visakhapatnam District, in O.P.No. 65 of 1988, enhancing the market value of the land from Rs.18,495/- per acre to Rs.3,000/- per cent i.e. Rs. 3.00 lakhs per acre apart from awarding other statutory benefits under the Act. The land of the respondent – claimant to an extent of Ac.0.06 cents in Sy.No.103/17D and 103/18B of Pisinikada village, Anakepalli Mandal was acquired for the formation of Yeluru Left Canal pursuant to the notification under Sec. 4(1) of the Act and published in the A.P. Gazette dated 11.1.1982 and the award was passed on 7.8.1985 fixing the market value of the land acquired at Rs.18,495/- per acre. Aggrieved by the award, the claimant sought reference of the matter for enhancement of compensation under Sec.18 of the Act. On reference under Sec.18 of the Act, the learned Subordinate Judge, Anakapalle, by the impugned order, enhanced the market value of the land at Rs.3.00 lakhs per acre apart from awarding compensation in respect of the trees at the rate of Rs.10,000/- for each coconut and gold flower trees, Rs.2,500/- for each sapota tree and Rs.500/- for each palmyrah tree and also granted other statutory benefits under the Act. Aggrieved thereby, the present appeal is filed by the Land Acquisition Officer. At the outset, it is to be noticed that under the present acquisition, there were no trees existing on the acquired land. Hence, we need not delve on the said aspect. The reference court for the land acquired has determined the market value at Rs.3.00 lakhs per acre. Learned Government Pleader submits that against a batch of OP Nos.58 to 68 of 1988, arising out of the acquisition in the same village wherein a common award dated 2.12.1994 was passed, the Government has filed an appeal in AS No. 1544 of 1996 against the order in OP No. 56 of 1988 and a Division Bench of this Court by judgment dated 31.12.1998 while negativing the claim for the trees existing in the acquired land, has enhanced the market value of the land at Rs.28,000/- per acre from Rs.18,495/-. Having regard to the fact that a batch of appeals have been disposed of by a Division Bench of this Court, the present appeal is allowed in part reducing the market value from Rs.3.00 lakhs per acre awarded by the court below to Rs.28,000/- per acre apart from other statutory benefits. No order as to cost. ________________ Justice V.Eswaraiah __________________ Justice N.Ravi Shankar November 21, 2011 MAS