THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.S.APPA RAO A.S.Nos.3012 and 3017 of 1999 COMMON JUDGMENT: (per the Hon’ble Sri Justice K.S.Appa Rao) Being aggrieved by the common judgment and decree, dated 05-08-1999, passed in O.P.Nos.472 and 474 of 1989 by the Senior Civil Judge, Sattupally, enhancing the market value from Rs.6,000/- to Rs.15,000/- per acre for dry land and Rs.12,000/- to Rs.20,000/- per acre for wet land, the present appeals are filed by the Government. The dry land of the claimant in O.P.No.472 of 1989 to an extent of 12 gts., in Sy.No.227/3 and the wet land of the claimant in O.P.No.474 of 1989 to an extent of 14 gts., in Sy.No.390/3 situated at Madhira village and mandal, Khammam District, were acquired for laying approach road to Madhirailluru Bridge in the limits of Madhira Village and Mandal, Khammam District. Notification under Section 4(1) of the Act was published on 22-10-1987 and the Land Acquisition Officer, after due enquiry, awarded compensation @ Rs.6,000/- per acre for dry land and Rs.12,000/- per acre for wet land. Dissatisfied with the said compensation, on the request made by the claimants, the reference was made. The Reference Court, after due enquiry, enhanced the compensation to Rs.20,000/- from Rs.12,000/- for wet land and Rs.15,000/- from Rs.6,000/- for dry land. Being aggrieved by the same, the present appeals are filed by the Government. The learned Government Pleader argued that the Reference Court without any documentary evidence enhanced the compensation from Rs.12,000/- to Rs.20,000/- per acre for wet land and Rs.6,000/- to Rs.15,000/- per acre for dry land and the said compensation needs to be reduced. Now the point for consideration is whether the enhancement of compensation awarded by the Reference Court is just and reasonable and that the order of the Reference Court is sustainable? Before the court below, on behalf of the claimants, PWs.1 to 3 were examined and marked Ex.A.1. On behalf of the appellant, no oral or documentary evidence was adduced. The claimants claimed compensation @ Rs.30,000/- per acre. The claimants mainly relied on Ex.A-1-registered sale deed, dated 02-06-1982, where under PW.2 purchased the land to an extent of 267.6 sq. yards @ Rs.40/- per sq. yard. But, the Reference court did not give credence to the said document, though PW.2 purchaser was examined, as the lands covered under Ex.A-1 were surrounded by houses, whereas the lands in question are agricultural lands. Admittedly, the acquired lands are situated adjacent to Madhira revenue village, which is presently a mandal head quarter and the lands are in close proximity to a well-developed town, and that housing activity is just setting around the lands acquired. A perusal of the impugned order and the Award goes to show that the land under acquisition has potential value. Therefore, viewed from any angle and having regard to the totality of the circumstances, the findings of the Reference Court determining the market value of the lands acquired at from Rs.12,000/- to Rs.20,000/- per acre for wet land and Rs.6,000/- to Rs.15,000/- per acre for dry land appear to be just and reasonable, and therefore, we do not see any grounds to differ with the findings of the Reference Court. Accordingly, we see no merits in these appeals. In the result, the Appeals are dismissed, confirming the impugned orders of the Reference Court in all aspects. No order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date: 02-12-2011 Prv