THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1370 OF 2001 DT.19.12.2011 Between: The Mandal Revenue Officer (LA) Kaluvoy, Nellore district … Petitioner And Areboyina Pullaiah and others … Respondents Counsel for the Petitioner: G.P. for Appeals Counsel for respondent: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1370 OF 2001 JUDGMENT : (Per Sri Justice K.S. Appa Rao) Aggrieved by the judgment and decree dated 19.7.1996 in O.P. No. 42 of 1986 on the file of the Additional Subordinate Judge, Gudur, Nellore district, the present appeal is filed. The lands of the claimants to an extent of Ac. 25.59 cents in Survey Numbers 761, 764/1, 764/2, 764/3, 765 and 763/1-B of Kaluvoy village were acquired for the purpose of providing house sites to the weaker sections of people, pursuant to notification dated 30.11.1983. After conducting an enquiry, an award dated 20.3.1984 was passed fixing the market value at Rs.2000/- per acre, besides other benefits. On reference to the trial Court under Section 18 of the Land Acquisition Act, the trial Court enhanced the market value from Rs.2000/- to Rs.5000/-. Aggrieved by the same, the Government preferred the present appeal. Heard the learned Government Pleader for Appeals and perused the material available on record. The point for consideration in this appeal is whether the enhancement of market value from Rs.2000/- to Rs.5000/- by the trial Court is sustainable ?. Before the trial Court, on behalf of the claimants P.W.1 to P.W.4 were examined and documents in Ex.A.1 to Ex.A.6 were marked. On behalf of the respondents R.W.1 and 2 were examined and Ex.B.1 to B.5 were marked. In a case of this nature, the crucial period of acquisition to be taken into consideration for fixing the market value of the lands under acquisition. The trial Court while discussing the evidence on record mainly basing on the award copy and sale deeds in Ex.A.1 to A.6 which relates to the nearby lands, enhanced the market value. Admittedly, there are Cinema Halls, Rice Mills etc on the other side of the acquired land and the acquired land is rain fed lands and since they are acquired for the purpose of providing house sites, it can be said positively that the acquired lands are having good potentiality. It is admitted fact that normally townships would be located in the prime locality and thus, the value of the lands nearby would fetch more. Therefore, viewed from any angle, and in the above factual position, the market value fixed by the trial Court is just and reasonable and we see no grounds to differ with the findings arrived by the trial Court while fixing the market value. Accordingly, the order under appeal is confirmed on all counts and the appeal is dismissed. No costs. _____________ V ESWARAIAH,J _____________ K.S. APPA RAO,J DATE:19.12.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1370 OF 2001 DT.19.12.2011