HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. DURGA PRASAD A.S.No. 730 of 2001 Date: 31-01-2011 Between: Motepalli Veerabrahman ……… Appellant and Special Tahsildar & Land Acquisition Officer ……….. Respondent HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. DURGA PRASAD A.S.No. 730 of 2001 ORDER: (Per BPR, J) Heard Sri C.C.S. Sastry, learned counsel appearing for the Appellant-claimant, and the learned Government Pleader for Appeals. The Appellant is the claimant, who filed this Appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’), inter alia, assailing the correctness of the order, dated 17-01-2000 passed in O.P.No.56 of 1989 on the file of the Additional Senior Civil Judge, Eluru. Briefly, the facts are that the lands of the appellant-claimant to an extent of Ac.15-86 cents in R.S.Nos.304, 305 and 306 of Vegavaram Village, were acquired for the purpose of formation of Vengalaraya Sagar Project across Yerrakalva, through the notification under Section 4(1) of the Act. The Land Acquisition Officer, after holding due enquiry, passed award fixing the market value of the acquired lands at Rs.6,000/- per acre. The appellant-claimant, being not satisfied with the quantum of compensation, sought for reference and accordingly, the matter was referred to the Court below under Section 18 of the Act. During the course of enquiry in the Court below, apart from several other documents and oral evidence on behalf of the appellant, Ex.A-4, copy of the Judgment in A.S.No.1715 of 1987, dated 25-04- 1989, was marked, wherein in respect of the lands acquired under very same notification this Court seems to have fixed the market value at Rs.22,000/- per acre. Even though such evidence is adduced apart from other evidence, the Court below did not accept the same and fixed the market value only at Rs.15,000/- per acre. There is no dispute with regard to the fact that the notification for acquisition of the lands in Ex.A-4 is one which is involved in the present notification, and the lands are also situated in the same village having the same potentiality. In view of the same, we do not find any discredit to come to any different conclusion from the conclusion in Ex.A-4. Therefore, following the same, the market value of the acquired lands is fixed at Rs.22,000/- per acre. The Appeal is, accordingly, allowed. The appellant-claimant is entitled to the market value at Rs.22,000/- per acre, along with all the statutory benefits as per the amended provisions of the Act. No order as to costs. _________________ B. PRAKASH RAO, J __________________ P. DURGA PRASAD, J Date: 31-01-2011 YCR