THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1118 OF 1999 Dated. 08 -12-2010 Between: The State through the Special Deputy Collector, Hanmakonda, Warangal …Appellant Vs. Challa Chinnanna ..Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1118 1999 JUDGMENT (Per NRLN,J) The appeal is filed against the order of the learned Principal Senior Civil Judge, Warangal in O.P.No.126 of 1988 whereunder the market value of the acquired land was fixed at Rs.45,000/- per acre as against the value of Rs.10,000/- fixed by the Land Acquisition Officer. An extent of Ac.16.13 guntas of land situated at Bheemaram, Pallavelpula and Muchcharla villages was acquired for excavation of Sriramsagar project canal and notification was issued on 16-08-1984 and award enquiry was conducted. The claimant is the owner of Ac.0.28 guntas of land and he resisted the market value and at his instance, the reference was made to the Court. The claimant filed a claim statement before the referring court that the market value of the land is Rs.80,000/-and the Land Acquisition Officer has not properly considered the claim and therefore he is entitled for the value as claimed. On behalf of the claimant, PW.1 is examined and marked Exs.A-1 and A-2. On behalf of the respondent, RW.1 is examined and marked Exs.B-1 and B-2. After considering the material on record, the lower court passed the award, which is under appeal. The points that arise for consideration are:- (1) Whether the market value fixed by the lower court is reasonable and correct? (2) To what relief? POINTS:- The lower court referred to the contentions of the award, whereunder even in 1981 the lands were not sold at Rs.40,000/- per acre and above. The claimant essentially relied upon the Ex.A-1, which is a copy of decree in O.P.No.173 of 1987 where the lands at Kumarpally and Palivelpula villages were acquired by the Government in the year 1983 and the Land Acquisition Officer has fixed the market value at Rs.5,500/- and the court has enhanced to Rs.77,500/-. The lower court found that the village Kumarpally is within the proximity of Warangal town and in O.P.No.173 of 1987 the learned Judge has taken into consideration a judgment in O.P.No.120 of 1981. In substance, the lower court has taken into consideration the earlier award of the court and deducted 1/3rd of the same and fixed the market value at Rs.45,000/- per acre. There is nothing to show that the decree under Ex.A-1 in O.P.173 of 1987 has been varied in any proceedings. Therefore, when sale transactions are not available and when the decree of the competent court for the neighbouring lands is considered by the learned Senior Civil Judge and taking into consideration the small extents of land belonging to the claimant, we feel that there are no grounds to interfere with the award of the lower court. Accordingly, the points are answered. Therefore, the appeal suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 08 -12-2010 TSNR