THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2086 of 1998 Date of Judgment:12-04-2010 Between: The Land Acquisition Officer-cum- Revenue Divisional Officer, Chevella ..Appellant and 1.Md. Jahangir and others ..Respondents The Court made the following Judgment: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2086 of 1998 Oral Judgment: (Per Honourable Sri Justice A.Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) by the Land Acquisition Officer (LAO) is filed questioning the enhancement of compensation at 100% in O.P.No.2 of 1995, dated 17-4-1998. An extent of Ac.17.10 gts. of land situated in Sy.Nos.54 and 55 of Raghavapur Village was acquired along with other lands for the purpose of restoring L.B. Tank. Notification under Section 4(1) of the Act was published in the A.P. Gazette on 28-10-1993 and in the District Gazette on 19-11-1993 respectively. The LAO by his award dated 10-06-1994 fixed the marked value of the acquired land at Rs.4,000/- per acre. Dissatisfied with the fixation of the market value the claimants sought for reference and accordingly the matter was referred to the civil court under Section 18 of the Act. On such reference is being made and on receipt of notices the claimants have filed their claim statements claiming compensation at Rs.20,000/- per acre. To prove inadequacy of the compensation, the claimants examined P.Ws.1 and 2 and marked Ex.A1—registration extract of sale deed. On behalf of the Referring Officer, R.D.O. was examined as R.W.1 and award proceedings was marked as Ex.B1. Under Ex.A1—sale deed, P.W.2 purchased the land in Sy.No.73 from Mushtafa Ali at the rate of 12,000/- per acre. The evidence adduced by the parties shows that the acquired land and the land purchased by P.W.2 are in the same village. According to the claimants, they are cultivating the lands by drawing water through bore-well for which separate compensation of Rs.8,000/- was awarded by the LAO. There is no contra evidence adduced by the LAO that the land covered under Ex.A1 is not nearer to the acquired land and the same cannot be form basis for fixation of the market value. The evidence adduced by the claimants establishes that the land covered under Ex.A1 is situated in Sy.No.73 of the same village and according to them the land covered under Ex.A1 is nearer to the acquired land in the same village. The lower court after taking into the oral and documentary evidence fixed the market value at Rs.8,000/- per acre, which is just compensation and do not call for any interference. The appeal is accordingly dismissed. No order as to costs. ________________ A.GOPAL REDDY, J. __________________ G.V.SEETHAPATHY,J. 12-04-2010 Murthy