THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.784 OF 1998 Dated. -12-2010 Between: The Land Acquisition Officer, Vanaparthy …Appellant Vs. The Principal, Islamia Arabic College, Kurnool ..Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.784 of 1998 JUDGMENT (Per NRLN,J) This appeal is filed against the order of the learned Subordinate Judge, Gadwal in O.P.No.167 of 1987 enhancing market value of the acquired land from Rs.5,000/- to Rs.11,000/- per acre. The lands under acquisition situated at Sultanpur of Alampur Taluk came under submergence. The draft notification was published on 30-05-1974 and an award enquiry was conducted and the Land Acquisition Officer categorised the lands into “4” and fixed the compensation. The claimant was not satisfied with the market value and they claimed that the value of the land is not less than Rs.25,000/-. On behalf of the claimant PWs.1 and 2 were examined and marked Exs.A-1 to A-9. On behalf of the respondent RW.1 was examined and Ex.B-1 was marked. After considering the evidence on record, the learned Subordinate Judge, enhanced the market value from Rs.5,000/- to Rs.11,000/-. The points that arise for consideration are:- (1) Whether the market value fixed by the learned Subordinate Judge is real and sustainable? (2) To what relief? POINTS: In support of the claim PW.1, who is said to be an employee of the claimant-Arabic College, deposed that the land is a fertile land and the market value is Rs.25,000/- and in an earlier reference in O.P.No.230 of 1984 the court has fixed the market value at Rs.12,000/- and further pleaded that cultivation accounts i.e., Exs.A-2 and A-3 reflects the real value. PW.2 claims that he was cultivating the acquired land which is said to be fertile wet land yielding crop. The learned Subordinate Judge Therefore, the appeal suit is liable to be dismissed. The points are therefore answered. Accordingly, the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 31-12-2010 TSNR