IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE NOUSHAD ALI A.S. No.339 of 1998 Between: Special Deputy Collector (L.A) Telugu Ganga Project, Cuddapah ..... APPELLANT AND Gadamchetty Pedda Narayana and another .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE NOUSHAD ALI A.S. No.339 of 1998 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) This is an appeal filed by the Special Deputy Collector, Land Acquisition Officer, Telugu Ganga Project, Cuddapah aggrieved by the order of the learned Subordinate Judge, Rajampet dated 04.03.1992 in O.P.652/1986. 2. The respondents are the claimants whose lands of an extent of Ac.2.94 cents of Zerayathi dry land in Sy.No.771/2 was acquired for the purpose of Telugu Ganga Project pursuant to Sec.4(1) notification dated 22.02.1984. The Land Acquisition Officer awarded compensation @Rs.2,300/- per acre for Category-V and Rs.3,300/- per acre for Category-IV of lands acquired. On reference, the Reference Court enhanced the compensation from Rs.2,300/- to Rs.4,600/- and from Rs.3,300/- to Rs.6,270/- per acre in respect of V and IV categories of lands respectively. 3. The Reference Court relied on Exs.B2 to B4 sale deeds which are prior to acquisition of the said land and therefore, the market value fixed @Rs.4,600/- for Category-V and Rs.6,270/- for Category-IV by the Reference Court cannot be said as excessive and arbitrary. We are of the opinion that the enhancement made by the Reference Court is based on the relevant sale transaction which is prior to Sec.4(1) notification and therefore, it cannot be said that the said market value did not reflect the true and real market value. 4. The appeal suit is without any merits and the same is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J ___________________ NOUSHAD ALI,J Dated: 13.07.2010 Dsr