HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2138 of 2000 Dated: 23-04-2010 Between: The Special Deputy Collector, L.A. Unit, H.L.C.,Ananthapur. Appellant AND Yella Saibaba Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2138 of 2000 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is directed against the orders of the Principal Senior Civil Judge, Ananthapur, dated 28.04.2000 made in O.P.No.97 of 1993 whereby the compensation for the acquired land was enhanced from Rs.1,000/- and Rs.2,000/- to Rs.6,000/- per acre uniformly. An extent of 9.91.0 hectors of land belonged to the claimant situated in Jayapuram Village was acquired by Government for the purpose of foreshore submersion of PABR dam by publishing draft notification under Section 4(1) of the Act on 29.12.1989. The Land Acquisition Officer after conducting enquiry, passed an award on 18.11.1991 fixing the market value of the acquired land at Rs.1,000/- per acre for the land to an extent of Ac.2.26 cents and Rs.2,000/- per acre for the land to an extent of Ac.22.21 cents. The claimant having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimant appeared and filed claim statement before the reference Court claiming compensation at Rs.50,000/- per acre. To prove the market value, the claimant himself examined as P.W.1 and marked Exs.A.1 to A.3. On behalf of the referring Officer, no oral evidence was adduced, but the award and award proceedings were marked as Exs.B.1 and B.2. On consideration of the evidence available on record, the reference Court basing on certified copy of the judgment of this Court made in A.S.No.704 of 1992, dated 25.11.1998, marked as Ex.A.1, fixed the market value at Rs.6,000/- per acre uniformly. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. The claimant as P.W.1 deposed that with regard to the acquisition of his other land for the same purpose, he filed O.P.No.93 of 1986 and aggrieved by the compensation granted by the reference Court therein, he preferred appeal to this Court in A.S.No.704 of 1992 and this Court by judgment, dated 25.11.1998 allowed the appeal fixing the market value at Rs.6,000/- per acre. It is also his evidence that the lands covered by Ex.A.1 and the present acquired land are adjacent and having similar fertility. The said evidence was not rebutted by the Land Acquisition Officer. Therefore, basing on Ex.A.1, the reference Court rightly fixed the market value at Rs.6,000/- per acre, which is just and reasonable compensation, for which the claimant is entitled to. We see no merit in the appeal. The appeal fails and the same is accordingly dismissed. No costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 23, 2010 G.V. SEETHAPATHY, J. Tsr.