IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE 27TH DAY OF APRIL, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.2101 OF 2000 Between: The Mandal Revenue Officer and Land Acquisition Officer, Pedanandipadu … Appellant And Dasari Nagaratnam … Respondent This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.2101 OF 2000 JUDGMENT: - (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for brevity, “the Act”), by the Land Acquisition Officer-cum- Mandal Revenue Officer, Pedanandipadu is filed questioning the enhancement of the compensation made by the Senior Civil Judge, Bapatla in L.A.O.P.No.55 of 1987, dated 24.11.1998. Notification under Section 4(1) of the Act, acquiring an extent of Ac.2-70 cents of land in survey No.426/1 of Nagulapadu village belonged to the claimant for providing house sites to schedule tribes, was published in the gazette on 29.01.1983 and the said lands were taken possession on 30.10.1984. The Land Acquisition Officer after complying the due formalities passed an award on 23.09.1986 fixing the market value of the acquired land at Rs.10,000/- per acre. Dissatisfied with the said fixation, the claimant sought for reference to the civil Court for due determination of the compensation. On such reference being made, the claimant filed claim statement claiming compensation at Rs.70,000/- per acre. To substantiate the enhancement of the market value, on behalf of the claimant three witnesses were examined as C.Ws.1 to 3 and Exs.A1 and A2 were marked. Exs.X1 to X5 were marked through C.Ws.1 and 3. On behalf of the referring officer, one witness was examined as R.W.1 and copy of plan filed by the Mandal Revenue Officer was marked as Ex.B1. A part of the same survey number measuring to an extent of Ac.1-66 cents of the same village was acquired, where the Land Acquisition Officer awarded compensation and when the claimants therein, who received the compensation under protest sought for a reference to the civil Court in O.P.No.26 of 1985, the civil Court fixed the market value at Rs.38,000/- per acre. The appeals in A.S.No.2482 and 2483 of 1988 filed against L.A.O.P.No.42 of 1984 and O.P.No.26 of 1985 were dismissed confirming the fixation of the market value at Rs.38,000/- per acre. P.W.1, who is the claimant in O.P.No.26 of 1985, stated that the land covered by O.P.No.26 of 1985 was measuring to an extent of Ac.1-66 cents located in survey No.426/2 and the same has not been rebutted by the Land Acquisition Officer. Therefore, the fixation of the market value by the reference Court relying upon the previous awards at Rs.38,000/- per acre, is just and reasonable and do not call for any interference by this Court. Accordingly, the appeal suit is dismissed. No costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 27th April 2010 lmv