THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.2250 of 1999 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) This appeal is preferred by the appellant-Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) challenging the judgment and decree, dated 01-04-1999 in O.P.No.415 of 1990 on the file of the Senior Civil Judge, Peddapuram. An extent of 1/3rd share of the respondent-claimant in Ac.4-43 cents in Sy.No.487 situated at Kambalapalem village, Prathipadu Taluk, East Godavari District, was acquired for the purpose of Yeleru Reservoir Project, pursuant to 4(1) notification published on 02-09-1987 and Award No.18 of 89, dated 06-07-1989 was passed by the Land Acquisition Officer fixing the market value at Rs.12,000/- per acre for an extent of Ac.4-18 cents, Rs.18,000/- per acre for an extent of Ac.3-00 cents, Rs.5,000/- per acre for an extent of Ac.0-72 cents and Rs.3,000/- per acre for an extent of Ac.0-53 cents, classifying the land into dry land, dry wet land, grazing land and waste land. Not satisfied with the rate fixed by the Land Acquisition Officer, the respondent-claimant sought for reference to the Civil Court under Section 18 of the Act. Accordingly, the matter was referred to the Civil Court and the Reference Court, basing on Exs.R-1-certified copy of judgment in A.S.No.2913 of 96, dated 17-03-1998 and R-2-certified copy of judgment in A.S.No.2733 of 96 and batch, dated 26-02-1998, fixed the market value @ Rs.50,000/- per acre. A perusal of the impugned judgment goes to show that the Reference Court, after considering the oral and documentary evidence and also the aforesaid judgments of this Court, had rightly fixed the compensation. Therefore, we do not see any illegality or infirmity in the impugned order, as such, the appeal is devoid of merits and the same is liable to be dismissed. Accordingly, the appeal is dismissed. However, it is needless to say that the respondent-claimant is entitled to interest on additional market value as well as solatium as per the law declared by the Apex Court in Sunder Vs. Union of India (AIR 2001 SC 3516). There shall be no order as to costs. ________________ V.ESWARAIAH, J _______________ NOUSHAD ALI, J Date: 13-09-2010 Prv