THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.3757 OF 2000 Between: The Land Acquisition Officer Peddapuram …Appellant Vs. Bandaru Manikyam ..Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.3757 OF 2000 JUDGMENT (Per NRLN,J) This appeal is filed against the order in O.P.No.73 of 1991 on the file of the court of the learned Senior Civil Judge Peddapuram enhancing the market value of the acquired land at Rs.18,000/- to Rs.50,000/-. O.P.No.73 of 1991 was tried along with O.P.No.75 of 1991. An extent of A.1.00 of land belonging to the claimant in O.P.No.73 of 1991 was acquired for the purpose of Yeleru Reservoir Project and an award was passed on 15-02-1990 fixing the market value at Rs.18,000/- per acre and since the claimants were not satisfied the matter was referred to the civil court. The claimants contended that the market value is not less than Rs.1,50,000/- and the market value arrived at by the Land Acquisition Officer is not proper. Both the O.Ps were clubbed together and the evidence was recorded commonly. On behalf of the claimants RWs.1 was examined and marked Exs.R-1 to R-3. The learned Senior Civil Judge after considering the evidence on record and on considering the earlier judgment of this court, enhanced the compensation. The points that arise for consideration are:- (1) Whether the enhancement of the market value by the learned Senior Civil Judge is legal and sustainable? (2) To what relief? POINTS:- The learned Senior Civil Judge relied upon the fact that in A.S.No.104 of 1995 the High Court fixed the market value at Rs.50,000/- per acre for the land acquired at J.Annavaram village for the same purpose and under Ex.R-2 for the land acquired at Lakkavaram village in A.S.No.2733 of 1996 fixing the market value at Rs.50,000/- and also taken into consideration the Ex.R-3 sale deed dt.23-01-1986. The learned Senior Civil Judge has taken judicial notice of the fact that in A.S.No.2052 of 1998 the High Court in its judgment dated 11-10-1999 held that the land in Marrivedu, Ramanayyapeta, Kambalapalem and Lakkavaram are similar in all aspects and fixed the market value for Rs.50,000/- for wet land and Rs.40,000/- for dry land and Rs.25,000/- per are for grazing crop. In view of the above circumstances and there being no other contrary evidence and the judgment of the High Court clearly showing that the lands in the neighbouring villages fetches Rs.50,000/- per acre, the enhancement granted by the learned Senior Civil Judge cannot be faulted. Accordingly, the Appeal Suit is liable to be dismissed. The points are therefore answered. Therefore, the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 20-1-2011 TSNR