IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO A.S.NO. 977 OF 1997 Between: The Special Deputy Collector, Land Acquisition Officer ..... PETITIONER AND Chundru Ramakrishna .....RESPONDENT JUDGMENT: (per Hon’ble Sri Justice Ghulam Mohammed) The Special Deputy Collector and Land Acquisition Officer, Y.R.P. Unit-III, Peddapuram has filed this appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) aggrieved by the judgment and decree in O.P.No.36 of 1994 dated 30.4.1997 on the file of the learned Subordinate Judge, Pithapuram. 2. Brief facts of the case are that an extent of Ac.21-15 cents in Survey Numbers Nos. 72, 73/2, 74/1, 74/2, 75/1 and 75/2 of Lakkavaram village was acquired for the purpose of Yeleru Reservoir Project vide notification published in the Gazettee issued under Section 4(1) of the Act. The Land Acquisition Officer after following the procedure prescribed under the Act vide award No.54 dated 15.11.1985 fixed the market value of the land at Rs.6,000/- per acre. Being dissatisfied with the Award, the respondent/claimant sought for a reference under Section 18 of the Act and the Award has been accordingly referred and taken on file by the learned Subordinate Judge, Pithapuram in O.P.No.36 of 1994. The learned Subordinate Judge upon appreciation of both the oral and documentary evidence available on record, fixed the market value of the acquired land at Rs.20,000/- per acre. Hence, this appeal. 3. In order to establish his claim, the respondent/claimant examined RW1 and got marked Exs.B.1 to B.4 on his behalf. 4. We have heard the learned Government Pleader and also the learned counsel for the respondent/claimant. 5. The learned Government Pleader contended that the judgment and decree of the reference Court is unjust and the reference Court erred in enhancing the compensation from Rs.6,000/- to Rs.20,000/- per acre without any documentary evidence as well as oral evidence. 6. Learned counsel appearing for the respondent/claimant submits that after considering the nature of the land and market value at the time of notification, the Land Acquisition Officer fixed the rate and the same was correctly enhanced by the reference Court from Rs.6,000/- to Rs.20,000/- and there are no grounds to interfere with the same. 7. The learned Subordinate Judge, Pithapuram upon appreciation of both oral and documentary evidence fixed the market value of the acquired land at Rs.20,000/- per acre taking into consideration Ex.B.1,which is the register extract of O.P.No.214 of 1986 on the file of Sub-Court, Peddapuram, wherein the value of the land was fixed at Rs.20,000/- per acre and when the Government preferred an appeal in A.S.No. 21431 of 1988, this Court dismissed the same by confirming the market value of the acquired land at Rs.20,000/- per acre fixed by the Sub-Court, Peddapuram. 8. Accordingly, the appeal is dismissed. There shall be no order as to costs. __________________ GHULAM MOHAMMED,J _________________​______ NOOTY RAMAMOHANA RAO, J 27th October, 2009. KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies