IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE 29TH DAY OF APRIL, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.2233 OF 2000 Between: Revenue Divisional Officer, Anantapur. … Appellant And S.Surya Narayana. … Respondent This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.2233 OF 2000 JUDGMENT: - (Per Hon’ble Sri Justice G.V.Seethapathy) This appeal filed under Section 54 of the Land Acquisition Act, 1894 (for short, “the Act”) by the Land Acquisition officer, Anatapur is directed against the order dated 30.08.1999 in O.P.No.226 of 1987 on the file of Principal Senior Civil Judge, Anantapur wherein the reference Court enhanced the market value of the acquired land from Rs.6,000/- to Rs.34,000/- per acre. Heard the learned Government Pleader for the appellant- State and learned counsel for the respondent. An extent of Ac.0-56 cents of land situated in survey No.756- 2A around Anantapur town was acquired for the purpose of construction of summer storage tank. Notification under Section 4(1) of the Act was issued on 31.12.1983. After following the procedure prescribed, the Land Acquisition Officer passed an award on 31.12.1983 fixing the compensation at Rs.6,000/- per acre. Not satisfied with the same, the claimant sought reference to the civil Court and accordingly, reference was made under Section 18 of the Act. During the enquiry before the reference Court the claimant examined as P.W.1 and Ex.A1 to A11 were marked on his behalf. No oral evidence was examined on behalf of the Land Acquisition Officer and Award-Ex.B1 and Award proceedings-Ex.B2 were marked. The claimant relied upon the earlier judgment in O.P.No.151 of 1985 under Exs.A1 and A2, wherein the reference Court fixed the market value for the surrounding land at Rs.9,900/- per acre and on appeal the same was enhanced by this Court to Rs.35,000/- per acre, vide Exs.A3 to A11-copies of the orders passed in A.S.Nos.1716 of 1988, 1766 of 1988, 1714 of 1988, 1718 of 1988, 3404 of 1990, 169 of 1988, 1822 of 1988, 2224 of 1988 and 1311 of 1990. From Exs.A1 to A11, it is clear that in respect of the lands in the vicinity and which are surrounding the acquired land, the market value was fixed by this Court at Rs.35,000/- per acre. The said land under acquisition is on par with the land covered by Exs.A1 to A11 in all respects as to the nature of the land, its location and potentiality for development owing to its close proximity to Anantapur town, which is only 2 kilometres away from the acquired land. In view of the orders passed by this Court in batch of the above referred appeals in Exs.A3 to A11 fixing the market value at Rs.35,000/- per acre for the lands surrounding the acquired land, the reference court was perfectly justified in placing reliance thereon for fixing the true value for the acquired land. In fact, the reference Court has fixed the market value of the acquired land only at Rs.34,000/- per acre. No contra evidence is adduced by the Land Acquisition Officer before the reference Court to show that the acquired land is in any way inferior to the land covered by the O.P.No.151 of 1985 or is having lesser potentiality than the said land. Under those circumstances, in the absence of any contra evidence, the reference court has rightly fixed the market value at Rs.34,000/- per acre placing due reliance on the orders-Exs.A4 to A11 passed by this Court in batch of appeals pertaining to the surrounding lands. We do not, therefore, see any merit in the appeal. In the result, the appeal is dismissed. No costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 29th April 2010 lmv