HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2706 OF 2000 DATED:29.04.2010 BETWEEN: The Land Acquisition Officer and Special Deputy Collector, Y.R.P.Unit-III, Peddapuram …Appellant and Yedla Chinnayyamma …Respondent This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2706 OF 2000 JUDGMENT: (Per Hon’ble Sri Justice A. Gopal Reddy) The Land Acquisition Officer preferred this appeal against the order passed by the Senior Civil Judge, Peddapuram made in O.P.No.35 of 1999, dated 10.05.2000 whereunder the learned Senior Civil Judge answered the reference made under Section 18 of the Land Acquisition Act, 1894 in favour of the claimant-respondent enhancing the compensation from Rs.16,000/- per acre awarded by the Land Acquisition Officer, to Rs.50,000/- per acre for the acquired land with all statutory benefits. An extent of Acs.4.00 cents of land situated in survey number 362/1 of J.Annavaram village belonging to the claimant-respondent herein was acquired by Government for the purpose of Yeleru Reservoir Project by issuing draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) dated 24.8.1987. The Land Acquisition Officer, after conducting award enquiry passed award on 06.07.1989 fixing the market value for the acquired land at Rs.16,000/- per acre. The claimant having not satisfied with the fixation of market value, sought for reference to the Civil Court under Section 18 of the Act. On reference being made, she appeared before the reference Court by filing claim statement claiming the market value of the acquired land at Rs.2.00 lakhs per acre. Before the reference Court, on behalf of the claimant, RW.1 was examined and Exs.R.1 to R.3 were marked. On behalf of the Land Acquisition Officer, no oral or documentary evidence was adduced. The reference court on appreciation of the oral and documentary evidence observed that, Ex.R1-copy of judgment of this Court in A.S.No.972 of 1996 and batch shows that for the lands of J.Annavaram village Government acquired the land of one Vagu Bulli Yellamraju and others for the very same purpose this Court fixed the market value at Rs.55,000/- per acre for wet land. Ex.R.2-copy of judgment in A.S.No.2733 of 1996 and batch, dated 26.02.1998 shows that for the lands in Lakkavaram village, which is the adjacent village of J. Annavaram village, the Government acquired the land belonging to one Thotakura Nookalamma and others for the very same purpose, this Court fixed the market value at Rs.50,000/- per acre irrespective of classification of the land. Ex.R3-registration extract of sale deed dated 23.01.1986 shows that in Marriveedu village, which is an adjoining village of J.Annavaram, one Pericherla Jagannadharaju sold an extent of Ac.0-88 cents of dry land for a consideration of Rs.40,000/-. It was further observed that for the lands situated in the villages of J.Annavaram, Lakkavaram, Marrivedu and Ramanayyapeta, which were acquired by the Government for the very same purpose, this Court in A.S.No.2052 of 1998 and batch dated 11.10.1999 fixed the market value at Rs.50,000/- per acre for wet land or dry wet land, Rs.40,000/- per acre for dry land and Rs.25,000/- per acre for grazing land. Taking into consideration the proximity of the notification, and since the lands acquired are contiguous to the lands covered by the judgment passed by this Court as referred to above, the reference Court rightly fixed the market value of the acquired land at Rs.50,000/- per acre, which in our considered view, is the true market value prevailing as on the date of issuance of notification. Therefore, no infirmity is discernible in the reasoning adopted by the lower Court in arriving at the market value, warranting interference of this Court. Accordingly, the Appeal is dismissed. There shall be no order as to costs. _________________ A. GOPAL REDDY, J. __________________ G.V.SEETHAPATHY, J. APRIL 29, 2010 Lmv.