THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.735 OF 2005 DATED 18TH JANUARY, 2011 BETWEEN: Special Tahsildar (LAO), Unit IV, Jangareddigudem, West Godavari District. … Appellant/Respondent a n d Kamparam Naga Narasimha Rao … Respondent/Claimant. THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.735 OF 2005 J U D G M E N T (Per Sri Justice Sanjay Kumar) This appeal by the State arises out of the Order and Decree dated 13.08.2004 passed by the reference Court of the learned Senior Civil Judge, Kovvur, in O.P.No.74 of 1996. By the said Order and Decree, the reference Court enhanced the market value of the acquired land from Rs.12,000/- per acre determined by the Land Acquisition Officer to Rs.22,000/- per acre. By notification dated 15.11.1979 issued under Section 4(1) of the Land Acquisition Act, 1894 the State acquired the lands admeasuring Ac.4.78 cents situated in Mathannagudem Village, West Godavari District, belonging to the respondent herein for the purposes of Vengalaraya Sagar Project. By Award No.27/85 dated 29.05.1985, the Special Tahsildar (Land Acquisition Officer), Unit No.IV, Jangareddigudem, West Godavari District, determined the market value of the acquired land of the respondent at Rs.12,000/- per acre. Dissatisfied therewith, the respondent herein sought reference under Section 18 of the Land Acquisition Act, 1894. Before the reference Court, the respondent examined himself as P.W.1 and marked Ex.A.1. The Senior Assistant of the Land Acquisition Office was examined as R.W.1. The reference Court placed reliance on Ex.A.1, the certified copy of the Judgment in O.P.No.109 of 1985. The said Judgment arose out of a reference pertaining to a separate extent of land under the very same Award No.27/85 dated 29.05.1985. Thereby, the market value of the said acquired land was enhanced to Rs.22,000/- per acre. The land covered by Ex.A.1 was found to be similar in nature to the acquired land having equal potential, facilities and fertility. The respondent claimant claimed compensation at the market value of Rs.35,000/- per acre. However, as Ex.A.1 Judgment had become final, the reference Court was of the opinion that the respondent’s entitlement should be limited to the enhancement effected therein. The reference Court accordingly confirmed the market value of the acquired land at Rs.22,000/- per acre. Though the learned Government Pleader for Appeals contended that the reference Court ought to have insisted upon independent evidence for establishing the market value of the acquired land as on the date of the notification, we find the approach adopted by the reference Court to be unassailable on facts and in law. As Ex.A.1 pertained to the enhancement by the reference Court in respect of land covered by the very same Award, we find no error on the part of the reference Court in adopting the same. As the State was not in a position to demonstrate any disparity between the land covered by Ex.A.1 and the acquired land, the value determined by the reference Court earlier under Ex.A.1, which had attained finality, was the proper indicium of the market value. We therefore find no reason to interfere in appellate jurisdiction. The appeal is devoid of merit and is accordingly dismissed. No order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 18th JANUARY, 2011 PGS