IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTIETH NINETH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No. 1916 OF 2001 Between: The Mandal Revenue Officer, Land Acquisition Officer, Velgatoor, Karimnagar District Appellant AND Anumula Bakkaiah and others Respondents The Court made the following : JUDGMENT: (per THE HON’BLE SRI JUSTICE V.ESWARAIAH) This appeal at the instance of the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short the Act) is preferred questioning the order and decree dated 08.10.1999 passed by the learned Senior Civil Judge, Peddapalli, Karimnagar District in O.P. No.29 of 1989. The dry land of the claimants to an extent of Ac.1.12 guntas in survey number 185 and Ac.2.27 guntas in Sy.No. 195, totalling to Ac.3.39 guntas situated at Thallakothapet hamlet of Chegam village, Velgatoor Mandal, Karimnagar District was acquired for the purpose of providing house sites to the weaker sections, pursuant to the notification issued under Sec. 4(1) of the Act dated 18.2.1984. The Land Acquisition Officer passed the Award under Ex.B-1 on 23.9.1986 fixing the market value of the acquired land at Rs.5,000/- per acre. On reference under Section 18 of the Act, the learned Senior Civil Judge, Peddapalli, based on Exs. A-1 and A-2, orders dated 27.1.1989 and 30.3.1990 passed in O.P. Nos. 47 of 1988 and OP No. 84 of 1989 respectively, of the same court, by the order impugned, enhanced the market value of the acquired land to Rs.10,000/- per acre. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. Exs. A-1 and A-2 show that for lands that were acquired at Munjampally village for the similar purpose of providing house sites, the learned Senior Civil Judge, Peddapally, considering the sale transactions effected in the village, has determined the market value at Rs.10,000/- per acre and no appeals have been preferred therefrom and the judgments have become final. Therefore, Exs. A-1 and A-2, under which similarly situated lands were acquired for the same purpose in the neighbouring village, cannot be said to be irrelevant in determining the market value for the acquired land. Admittedly, the purpose of acquisition under Ex.A-1 and A-2 and the present acquisition is one and the same i.e. for providing house sites. The lands situated abutting the village will have more potential value and, therefore, the lands of the claimants which are acquired for the house sites fetch more value than Rs.10,000/- per acre. Inasmuch as the market value determined by the Reference Court is based on plausible and cogent reasons and appears to be just and reasonable, we are not inclined to interfere with the order impugned. Consequently, the appeal fails and is accordingly dismissed. No order as to costs. ________________ Justice V.Eswaraiah __________________ Justice K.S. Appa Rao December 20, 2011 MAS