IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF MARCH, TWENTY THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1719 of 1999 Between: The Special Deputy Collector, (L.A.), Telugu Ganga Project, Nandyal. … Petitioner And Pothu Raju Ankana. … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1719 OF 1999 JUDGMENT: - (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer (Special Deputy Collector), A.P.Telugu Ganga Project under Section 54 of the Land Acquisition Act, 1894 (for brevity, “the Act”) is directed against the common order of the Senior Civil Judge, Atmakur, dated 04.12.1998 in O.P.Nos.873 to 878 of 1992, enhancing the compensation for the acquired lands at Rs.20,000/- per acre with all statutory benefits. The appeal in A.S.No.1642 of 1999, preferred against O.P.No.873 of 1992 by the appellant, was dismissed by this Court on 19.11.2008, wherein the learned Government Pleader and the learned counsel for the respondents/claimants consented that the issue therein was squarely covered by the judgment of this Court in A.S.No.1636 and 1791 of 1999, preferred against O.P.Nos.130 and 137 of 1993, by the Senior Civil Judge, Atmakur. The said appeals were disposed of following the earlier judgment of this Court in A.S.No.1645 of 1999 preferred against O.P.No.132 of 1993, dated 30.03.2005. But as seen from the orders passed by this Court in A.S.No.1642 of 1999 and 1718 of 1999 a mistake has been crept in, that the appeal in A.S.No.1718 of 1999 which arise out O.P.No.138 of 1993, wherein O.P.No.138 of 1993 was tried along with O.P.Nos.130 to 138 of 1993 jointly by the Senior Civil Judge and was disposed of by a common award dated 25.11.1998, whereas O.P.No.873 of 1992 (the main O.P.) was considered along with O.P.Nos.873 to 878 of 1992 where a joint trial has taken place and was disposed of by a common award dated 04.12.1998. Hence, we have heard the learned Government Pleader and none appears for the respondent/claimant. An extent of Ac.3-45 cents of land situated in Mothkur village and Ac.1-90 cents of land situated in Pedda Devalapuram village, comprised in various survey numbers were acquired through notification under Section 4(1) of the Act, dated 09.08.1990 for the purpose of excavation of distributory canal under Telguu Ganga Project and the possession of the land was taken on 30.04.1991. The Land Acquisition Officer after complying the due formalities fixed the market value of the acquired lands at Rs.4,000/- per acre. Claimant having not satisfied with the said fixation, sought for reference to the civil Court under Section 18 of the Act and on such reference being made, the learned Senior Civil Judge clubbed all the O.Ps together for a joint trial and the evidence has been let in in O.P.No.873 of 1992, against which A.S.No.1642 of 1999 was filed and which was dismissed on 19.11.2008 as referred above. To prove the market value of the acquired lands, P.Ws.1 and 2 were examined and Ex.A1 copy of the extract of the sale deed in document No.3353/1984, dated 20.11.1984, was marked. The vendee under Ex.A1, who was examined as P.W.2, deposed that he purchased Ac.1-00 of land under Ex.A1 for Rs.20,000/- and the land covered by Ex.A1 is similar to that of the acquired lands. Though P.Ws.1 and 2 were cross-examined at length, nothing was elicited to discredit their testimony, The Land Acquisition Officer relied upon sale deeds for fixing the market value, but he has not chosen to file the said sale deeds in support of the compensation fixed by him. P.W.1 in his evidence deposed that the acquired lands are fertile and valuable lands being cultivated with the source of tank water; that if the tank was not full, they used to raise dry crops; that the lands were classified as ayacut lands; that when the tank was full, they used to raise cotton, sunflower and ground nut in the acquired lands and that they were getting 30 bags of paddy per acre; that in case of ground nut 25 to 30 bags per acre, in case of sun flower 4 to 5 quintals per acre and in case of cotton 10 to 12 quintals per acre. As no contra evidence was let in to discredit the testimony of P.W.1, the trial court after taking into consideration of the crops raised by the claimant and also the sale deed under Ex.A1, which is nearly six years prior to the issuance of the notification where the land was sold at Rs.20,000/- per acre, rightly fixed the market value of the acquired lands at Rs.20,000/- per acre. In view of the same, we do not see any perversity in the finding of the trial court. There are no merits in the appeal and accordingly, the appeal suit is dismissed. No costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 22.03.2010 lmv