HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.S. APPA RAO A.S.No. 1167 of 2001 Date:11-08-2011 Between: The Land Acquisition Officer, Steel Plant, Unit-V, Visakhapatnam. …….. Appellant And S. Satyanarayanamma and others ……….. Respondents HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.S. APPA RAO A.S.No.1167 of 2001 JUDGMENT: (Per AGR,J) This appeal has been filed under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) against the order dated 28-10- 1986 passed in O.P.No.257 of 1983 on the file of the II Additional Subordinate Judge, Visakhapatnam. 2. The brief facts of the case are that the wet lands of the claimants to an extent of Ac.5-73 cents covered by S.Nos.471-1, 2, 472-2 and 471-3P of Kanithi village of Visakhapatnam, was acquired by the Government for the purpose of steel plant by issuing the draft notification under Section 4(1) of the Act. The Land Acquisition Officer, after due enquiry, passed the award dated 27-09-1979 in Award No.1 of 1979 fixing the market value of the acquired lands at Rs.2,500/- per acre. The claimants, being not satisfied with the said market value fixed by the Land Acquisition Officer, sought for reference of the matter to the Civil Court and accordingly, the matter was referred to the Reference Court under Section 18 of the Act. 3. During the pendency of the Reference, the first claimant died and claimant Nos.2 to 3 were brought on record as his legal representatives. 4. During the course of enquiry before the Reference Court, on behalf of the claimants, PWs.1 and 2 were examined and Ex.A-1, copy of the sale deed, dated 23-06-1971, was got marked. On behalf of the Referring Officer, none were examined, however Ex.B-1, copy of the award, was got marked. The Reference Court, while considering the entire evidence on record, has taken into consideration Ex.A-1, sale deed, according to which the market value of the lands in Kanithi village in the year 1971 was Rs.10,000/- per acre, and fixed the market value of the acquired lands at Rs.11,150/- per acre with all statutory benefits. Aggrieved thereby, the Land Acquisition Officer preferred the present appeal with a delay condonation petition. 5. However, during the pendency of the appeal, this Court through the order dated 15-02-2001, dismissed the appeal for default against Respondent No.3 as the notice could not be served on him. Therefore, the market value of Rs.11,150/- per acre fixed by the Reference Court has been confirmed against one of the co-owners i.e., respondent No.3. 6. Therefore, the appeal against the other co-owners i.e., respondents 1 and 2 is also liable to be dismissed. Further we have also satisfied that as per Ex.A-1, sale deed, in the year 1971 the market value of the land at Kanithi village was at Rs.10,000/- per acre and six years after the said sale deed the present acquisition took place, for which the Reference Court has rightly fixed the market value at Rs.11,150/- per acre. Hence, we find no grounds to interfere with the order passed by the Reference Court. 7. The Appeal is, accordingly, dismissed. No order as to costs. ________________ A. GOPAL REDDY, J _______________ K.S. APPA RAO, J Date:11-08-2011 YCR