IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.383 OF 1998 Between: The Land Acquisition Officer and Mandal Revenue Officer, Balmoor. … Petitioner And Ratnamma and four others. … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.383 of 1998 JUDGMENT:- (Per Hon’ble Sri Justice A.GOPAL REDDY) The Land Acquisition Officer, Balmoor filed this appeal under Section 54 of the Land Acquisition Act, 1894 (for brevity, “the Act”) against the decree and order of the Subordinate Judge at Nagarkurnool, dated 01.09.1995 in O.P.No.49 of 1993. An extent of Ac.2-50 cents of land belonged to the respondents/claimants was acquired for the purpose of providing house sites to B.Cs of Balmoor village, by publishing a draft notification under Section 4(1) of the Act in the District Gazette No.54, dated 16.12.1985 and the possession of the land was taken on 17.02.1986. After conducting the award enquiry, the Land Acquisition Officer passed an award on 14.02.1986 fixing the market value of the acquired land at Rs.3,500/- per acre. Dissatisfied with the said fixation, the claimants sought for reference of the matter to the civil court under Section 18 of the Act and on reference being made, they filed necessary claim statements claiming compensation at Rs.50,000/- per acre. In order to prove the market value of the acquired land prevalent as on the date of issuance of the notification, the 3rd claimant examined himself as P.W.1 and two more witnesses were examined as P.Ws.2 and 3 and marked Exs.A1 and A2 certified copy of the orders in O.P.Nos.28 of 1989 and 47 of 1987 dated 29.09.1989 on the file of Sub-Court, Kurnool, respectively. On behalf of the Land Acquisition Officer, R.W.1 was examined and Ex.B1-copy of award was marked. The evidence adduced by both the parties discloses that the Land Acquisition Officer acquired the land of the claimants to an extent of Ac.2-50 cents in S.No.499 situated at Balmoor village abutting to main road leading to Achampet to Lingal mandal and the village Balmoor, where the acquired land is situated, is in a tribal area and the sale transactions are prohibited and therefore, P.W.1 filed the order passed by the reference Court in O.P.No.28 of 1989, wherein for acquisition of the land situated in Kondanagulu village which is 5 k.ms away from Balmoor Mandal headquarters for providing house sites, the reference court fixed the market value at Rs.14,000/- per acre and similarly for the lands in O.P.No.47 of 1987, the reference court fixed the market value at Rs.15,000/- per acre. The same has become final and the Land Acquisition Officer has not preferred any appeals against the said orders. Further the Land Acquisition Officer himself observed in the award that due to formation of the Balmoor village as Mandal headquarters of the revenue mandal, the value of the lands has increased in forefold and the land acquired is abutting to the village and on the road side. Keeping in view of the same, and basing on the earlier fixation, the reference court rightly fixed the market value of the acquired land at Rs.16,000/- per acre, which does not call for any manifest illegality warranting interference. The appeal fails and is accordingly dismissed. No costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 02.03.2010 lmv