THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.385 OF 1998 Dated. 31-12-2010 Between: The Land Acquisition Officer, Alampur …Appellant Vs. G.Laxmanna and another ..Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.385 of 1998 JUDGMENT (Per NRLN,J) This appeal is filed against the order of the learned Subordinate Judge, Gadwal in O.P.No.233 of 1990 (Old No.1960 of 1984) enhancing the compensation of the acquired land. An extent of Ac.4.72 cents of land situated in Sy.No.719/1 of Kyatur village was acquired for the purpose of providing house sites to the weaker sections of society and a draft notification was given on 08-03-1982 and an award enquiry was conducted and the Land Acquisition Officer fixed the market value at Rs.1800/- per acre. The claimants were not satisfied with the market value and they sought for a reference. The claimants’ claim that the market value of the acquired land is about Rs.25/- per square yard and they are entitled for the same amount. After the matter was referred, on behalf of the claimants PWs.1 and 2 were examined and marked the certified copy of Judgment in AS No.2786 of 1982 and batch on the file of this court as Ex.A-1. The points that arise for consideration are:- (1) Whether the market value fixed by the learned Subordinate Judge is legal and sustainable? (2) To what relief? POINTS: After considering the material on record, the learned earned Subordinate Judge enhanced the market value @ Rs.28,000/- and deducted 1/4th and accordingly fixed the market value @ Rs.21,000/- per acre. The learned Subordinate Judge found that entire Kyathur village along with lands, house sites and structures have come under submergence under Srisailam Hydro Electric Project and under the Ex.A-1 Judgment the High Court has fixed the market value at Rs.28,000/- as the entire village has submerged and even the residential houses have gone under submergence. Since Ex.A- 1 relates to the same village and it also effects the rights of the parties who lost their lands, it is the relevant piece of evidence and the lower court has rightly considered the decision and taken into consideration. Further, the lower court also granted deduction at 1/4th which is reasonable. The learned Government Pleader could not show as to how the reasons given by the learned Subordinate Judge and the method adopted by him to arrive at the market value is erroneous. When the entire village has gone under submergence and when the land is acquired for the purpose of providing house sites, evidently when the land is scarce, we do not find any reasons to interfere with the fixation of the market value by the learned Subordinate Judge. Therefore, the appeal suit is liable to be dismissed. The points are therefore answered. Accordingly, the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 31 -12-2010 TSNR