THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO APPEAL SUIT NO.2834 of 1985 JUDGMENT : ( per Hon’ble Sri Justice Ghulam Mohammed, J ) The appeal suit is filed by the Land Acquisition Officer- Revenue Divisional Officer, Rajahmundry, against the judgment and decree dated 6-3-1985 passed in OP No.30 of 1984 by the Subordinate Judge, Rajahmundry. 2. The brief facts of the case are:- the land of the claimant-respondent herein to an extent of Ac.0.100 cents situated in Sy.No.2/1A1 of Dowlaswaram village, Rajahmundry, was acquired for the construction of Food Grain Godowns by the Food Corporation of India. The Land Acquisition Officer passed award being award No.7 of 1983, dated 30-11-1983 granting compensation at Rs.63,000/- per acre. The claimant-respondent herein received the compensation awarded by the Land Acquisition Officer under protest and sought for reference under Section 18 of the Land Acquisition Act for enhancement of compensation. On reference, the civil Court taken the same on file being OP No.30 of 1984. The claimant in support of his case examined himself RW-1 and five other witnesses and marked exhibits B-1 to B-3 and on behalf of the LAO, PW-1 was examined and marked exhibits A-1 and A-2. 3. The reference Court by the impugned judgment and decree enhanced the compensation from Rs.63,666/- per acre to Rs.1,20,000/- per acre. Hence this appeal by the State. 4. Heard the learned Government Pleader for Appeals and the learned counsel for the respondent-claimant. 5. The land in question is a small extent of land in an extent of Ac.0.100 cents situated in Sy.No.2/1A1 of Dowlaswaram village, Rajahmundry, acquired for the construction of Food Grain Godowns by the Food Corporation of India and the value of this appeal is less than Rs.10,000/-. The reference Court considering the sale transactions under Exs.B-1, B-2 and B-3 which are Xerox copies of the registered sale deeds under which similar lands which are situated in the same vicinity were sold at Rs.25/- per sq. yard and also considering the nature of the land being fertile getting 40 to 50 bags of paddy fetching an amount of Rs.5000/- per acre towards the income from the land, enhanced the compensation to Rs.1,20,000/- per acre. Admittedly the land in question was a wet land and it has come in the evidence of the claimant that it was fertile land and used to raise paddy or sugar cane crops. In these facts and circumstances of the case, we do not find any flaw in the compensation arrived at by the reference Court. The appeal is meritless and it is accordingly dismissed. The claimant is entitled to all statutory benefits. No order as to costs. ___________________________ Ghulam Mohammed, J __________________________ Nooty Ramamohana Rao,J Dated :23-12-2009 Nrg.