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 L.A.A.S.NO. 1213 OF 1999 DATE: 24/12/2009 Between: The Land Acquisition Officer and Special Deputy Collector (LA), YRP Unit- III, Peddapuram ..... Appellant/Referring Officer AND Ijjanagiri Ramayya S/o Ramanna, 60 years, cultivation, Yeleswaram .....RESPONDENT/CLAIMANT JUDGMENT:- (per Hon’ble Sri Justice Ghulam Mohammed) The Land Acquisition Officer and Special Deputy Collector (LA), 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.168 of 1986 dated 31.7.1996 on the file of the learned Subordinate Judge, Peddapuram, wherein and whereby the lower court fixed the compensation from Rs. 11,000/- to Rs. 30,000/- per acre. 2. Brief facts of the case are that a vast extent of Ac. 2,303.37 cents situated in Lakkavaram Village was acquired for Submergeable area for Yeleru Reservoir Project Construction Division No. II, Yeleswaram vide notification published in the Gazettee, dated 13.5.1981 issued under Section 4(1) of the Act. The subject matter of the appeal is an extent of Ac.6.29 cents in S.No. 56/3 of Lakkavaram Village as per award No. 53/85 dated 15.11.1985. The Land Acquisition Officer after following the procedure prescribed under law, awarded compensation @ Rs. 11,000/- per acre. The respondent/claimant received the compensation amount under protest and asked for making the reference under Section 18 of the Act and the Award has been accordingly referred to and taken on file by the Subordinate Judge, Peddapuram in O.P.Nos. 119 of 1986 and 168 of 1986. The learned Subordinate Judge, Peddapuram upon appreciation of both the oral and documentary evidence made available on record, fixed the market value of the acquired land at Rs. 30,000/- per acre. Hence, this appeal. 3. In order to establish the claim, the respondent/claimant examined RWs 1 to 3 and got marked Exs.B.1 to B-11 and on behalf of Referring Officer, no witness was examined and no documents were marked. 4. The learned Subordinate Judge, Peddapuram fixed the market value of the acquired land at Rs. 30,000/- per acre taking into consideration of Ex. B-9, certified copy of the common judgment dated 6.4.1988 passed in O.P.No. 124 of 1986 and 125 of 1986. The lands covered by the said two O.Ps were situated in Lakkavaram Village and they were also acquired by the Land Acquisition Officer in pursuance of notification issued under Section 4(1) of the Act and while disposing of the O.Ps, the lower Court has enhanced the market value of the said land to Rs. 30,000/- for the lands for which the Land Acquisition Officer fixed Rs. 11,000/- per acre. This Court while disposing of the appeals preferred against the judgment and decree in O.P.No. 124 of 1986 i.e., against the judgment covered by Ex. B-9, confirmed the enhancement made by the reference Court stating that fixation of market value of the land in question at Rs. 30,000/- per acre is justified. It also held that the claimant is entitled for solatium at 30% per annum and claimant also entitled to 12% per annum additional market value on the enhanced market value of the land from the date of notification under Section 4(1) of the Act i.e., from 13.5.1981 till the date of award i.e., 15.11.1985. It also held that the claimant also entitled to interest on the compensation amount at 9% per annum from 1.7.1988 for one year and thereafter at 15% per annum till the payment is made. 5. We have heard the learned Government Pleader and also the learned counsel for the respondent/claimant. 6. The learned Government Pleader submits that in similar circumstances this Court dismissed the appeal confirming the order passed by the Court below in A.S.No. 1278 of 1999 dated 1.3.2007. 7. In view of the above statement, without going into the merits of the case, we hold that we do not find any infirmity in the order passed by the reference Court under Section 18 of the Act and the reference Court has rightly enhanced the compensation at Rs.30,000/- per acre. We see no merits in the appeal. 8. Accordingly, the appeal is dismissed. There shall be no order as to costs. ___________________ GHULAM MOHAMMED,J _________________​______ NOOTY RAMAMOHANA RAO, J 24th December , 2009. KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies