THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI Appeal Suit No.1477 of 2000 JUDGMENT: (Per NA,J.) This is an appeal filed by the Mandal Revenue Officer, Tadipathri, against the orders in O.P.No.1 of 1985, dated 12-09-1990 on the file of the Subordinate Judge, Gooty, questioning the enhancement of compensation in respect of the lands of the respondents acquired under the provisions of the Land Acquisition Act, 1894. The land of the respondents situate in Sy.Nos.1082, 1084 to 1089 of various extents of Nittoor Village of Tadipathri Mandal, Anantapur District was acquired for the purpose of construction of tank bund across Peddavanka under a draft notification issued under Section 4(1) of the Act, 18-08-1982. Under the said notification a total extent of Acs.118.04 cents was acquired for the said purpose, out of which only an extent of Acs.24.58 cents is concerned with the present dispute. An award No.2/83-84, dated 30-03-1984 was passed fixing the market value @ Rs.2,000/- per acre in respect of the land in Sy.No.1082 and in respect of all other lands situate in Sy.Nos.1084 to 1089 @ Rs.5,000/- per acre. On the request of the claimants/respondents, the matter was referred under Section 18 of the Act and the same was registered as O.P.No.1 of 1985 on the file of the Subordinate Judge, Gooty. The Reference Court enhanced the compensation from Rs.2,000/- to Rs.7,000/- in respect of the land in Sy.No.1082 and from Rs.5,000/- to Rs.10,000/- in respect of the land in Sy.No.1085 and from Rs.5,000/- to Rs.11,000/- in respect of all other lands in Sy.Nos.1084, 1086 to 1089. Aggrieved by the said enhancement, the present appeal is filed. We may state that in respect of respondents 1 and 9, notices in this appeal have not been served for want of payment of batta, despite the same we proceeded to consider as we do not find merits in the appeal. Heard the learned Government Pleader and the learned counsel for the other respondents. The respondents examined R.W.1 to R.W.4 and marked Ex.X1 to X4 and Ex.B1, whereas the Land Acquisition Officer examined P.W.1 and marked Ex.A1 copy of award dated 30-03-1984. R.Ws.2 and 3 purchased Ac.1.00 of land each in Sy.No.1088 from one of the claimants, which is part of the land acquired in Sy.No.1088 for a sum of Rs.19,500/- per acre and got registered sale deeds Exs.X2 and X3, dated 24-12-1979 i.e., three years prior to the 4 (1) notification dated 18-08-1982. The Reference Court relied on the said sale transactions Exs.X2 and X3. Though the Reference Court placed reliance on Exs.X2 and X3 but not fully relied on the Ex.X1 which was sold @ Rs.19,500/-. The Reference Court also considered the capitalization method keeping in view of the number of trees situate in the acquired lands and also assessed the market value and ultimately fixed Rs.7,000/- per acre in Sy.No.1082, Rs.10,000/- per acre in Sy.No.1085 and Rs.11,000/- per acre in Sy.Nos.1084, 1086 to 1089. We are of the opinion that the fixation of the market value as assessed and fixed by the Reference Court is based on relevant material and is just and fair and therefore it cannot be said that the meager enhancement of compensation from Rs.2,000/- to Rs.7,000/- and Rs.5,000/- to Rs.10,000/- and Rs.11,000/- is excessive or exorbitant. Accordingly, the Appeal Suit is dismissed. There shall be no order as to costs. _________________ V.ESWARAIAH, J. ________________ NOUSHAD ALI, J. 19th October, 2010. Skmr Appeal Suit No.328 of 2000