HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1331 OF 1999 Dated: 21-04-2010 Between: The Land Acquisition Officer-cum- Special Deputy Collector (L.A.) Unit-II, Peddapuram. Appellant AND Mandala Bhimanna. Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1331 OF 1999 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1896 (for short ‘the Act’) is directed against the orders, dated 18.02.1998 in O.P.No.39 of 1994 on the file of Senior Civil Judge, Pithapuram wherein the reference Court enhanced the compensation to Rs.24,000/- per acre for the acquired land as against Rs.11,000/- per acre fixed by the Land Acquisition Officer. This appeal could not be disposed of for want of service of notice on the respondent for the last 11 years as the appellant failed to pay the batta with correct address of the claimant when the notice sent to the respondent-claimant was returned unserved as early as in December, 1999. An extent of Ac.1.00 cents of land belonging to the claimant- respondent herein situated in Lakkavaram Village was acquired by Government for the purpose of formation of borrow area and submersion of Yeleru Reservoir Project by issuing draft notification under Section 4(1) of the Act on 13.5.1981. The Land Acquisition Officer, after conducting due enquiry and after obtaining necessary sale statistics, passed an award fixing the market value of the acquired land at Rs.11,000/- per acre. Not satisfied with the compensation awarded, the claimant-respondent herein sought for reference to the Civil Court under Section 18 (1) of the Act for due determination of the market value of the acquired land. On reference being made, the claimants appeared before the reference Court and filed claim statement claiming compensation at the rate of Rs.30,000/- per acre. To prove the market value, on behalf of the claimants R.Ws.1 and 2 were examined and Ex.B.1 was marked. No evidence was adduced on behalf of the referring officer. R.W.2, an independent witness deposed that when his land, situated in the same village was acquired, the Land Acquisition Officer awarded compensation at Rs.10,000/- per acre and on reference being made, it was enhanced to Rs.20,000/- per acre and on further appeal, this Court fixed the market value at Rs.25,000/- per acre. He also deposed that in between his land and the acquired land, there is only a road and that the acquired land of claimant was being irrigated by the bore water of R.W.2. The said evidence was not rebutted by the Land Acquisition Officer. The reference Court taking into consideration the evidence of R.W.2 and the sale deed covered by Ex.B.1, fixed the market value of the acquired land at Rs.24,000/- per acre. In the award itself, it is mentioned that an extent of Ac.0.92 cents of acquired land situated in Sy.No.38/2B is dry-cum-wet land, and that the claimant also deposed that he used to raise crops with the help of bore-wells, for which no contra evidence has been adduced by the Land Acquisition officer. Having regard to the same, the fixation of the market value at Rs.24,000/- per acre by the reference Court is just and reasonable. Accordingly, the appeal is dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 21, 2010 G.V. SEETHAPATHY, J. Tsr.