THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE P. DURGA PRASAD APPEAL SUIT No.2033 OF 2000 JUDGMENT: (Per Hon’ble Sri Justice P. Durga Prasad) This Appeal is under Section 54 of the Land Acquisition Act assailing the order passed in O.P. No.200 of 1988 dated 17-01-2000 by the learned Additional Senior Civil Judge, Narasaraopet. 2. The impugned order in the O.P. arose out of the reference under Section 18 of the Land Acquisition Act, 1894 (for short “the Act”) made by the Land Acquisition Officer (Tahsildar, Chilakaluripet) to determine the market value in respect of the land acquired from the different claimants including the respondent – claimant herein. 3. The facts of the case are that a draft notification under Section 4(1) of the Act was issued by the District Collector, Guntur vide gazette notification dated 03-12-1980 for acquisition of Acs.4-87 cents of land in Survey No.456-1A2 of Mydavolu village for the purpose of providing houses to poor Harijans. The Land Acquisition Officer after due enquiry fixed the market value of the acquired land at Rs.5,000/- per acre. Aggrieved by the said award, claimant along with other claimants sought for reference under Section 18 of the Act to the civil Court with a claim to fix the value of the land at the rate of Rs.30,000/- per acre. 4. On behalf of the claimant, PWs.1 to 9 were examined and Exs.A-1 to A-8 were marked. On behalf of the Land Acquisition Officer, RW.1 was examined and Exs.B-1 and B-2 were marked. 5. The trial Court by taking into consideration the evidence on record and after an elaborate consideration, enhanced the value of the land by fixing the rate at Rs.7,380/- per acre from Rs.5,000/- per acre. Aggrieved of the same, the Land Acquisition Officer preferred this appeal. 6. Heard the learned counsel on either side and perused the material available on record. 7. The lower Court taken into consideration Exs.A-4 and A-7, which are the registered sale deeds dated 24-04-1979 and 15-11-1979, which are prior to 4(1) notification and rejected Exs.A-1, A-5 and A-6 as the transactions covered by those registered sale deeds are subsequent to 4(1) notification. By taking into consideration the fact that the acquired lands are agricultural lands and the same were acquired for the purpose of providing house sites to the weaker sections of the society and the land covered under Ex.A-4 is adjacent to acquired lands, taken into consideration for fixing the market value. The transaction took place under Ex.A-7 dated 15-11-1979 and an extent of Ac.0-34 cents of land was sold for a consideration of Rs.5,000/- i.e., approximately at Rs.14,760/- per acre, and after deducting 50% towards developmental charges, fixed the value of the acquired land at Rs.7,380/- per acre. 8. In the above circumstances, we did not find infirmity or illegality in fixing the value of the land at Rs.7,380/- per acre by the lower Court. There are no grounds to interfere with the impugned order, as such, the appeal is liable to be dismissed. 9. Accordingly, the Appeal Suit is dismissed with costs. It is also made clear that the claimant is entitled to all the statutory benefits including interest on solatium and additional market value etc., as per the amended provisions of the Act. ___________________ B. PRAKASH RAO, J January 28, 2011. __________________ P. DURGA PRASAD, J PV