THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.127 OF 1999 Dated. 04-2-2011 Between: The Land Acquisition Officer Korivi, Warangal District …Appellant Vs. I.Yellaiah and others ..Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.127 OF 1999 JUDGMENT (Per NRLN,J) The appeal is filed against the order in O.P.No.2 of 1996 on the file of the Court of Senior Civil Judge, Mahabubabad in enhancing the market value of the acquired land from Rs.4,000/- to Rs.15,000/-. An extent of Ac.5.05 ½ guntas of dry land in Sy.No.583 to 585 in Nerada village belonging to the claimants was acquired for the purpose of providing house sites for weaker sections and the notification was given in 1984 and an award enquiry was conducted and the market value was fixed at Rs.4,000/- per acre. He also fixed the compensation for the wells. The claimants were not satisfied with the fixation of the market value and claimed that the market value of the acquired land is about Rs.35,000/- and also cost of the irrigation wells is from Rs.15,000/- to Rs.20,000/-. Accordingly, the reference was made to the civil court. On behalf of the claimants, PWs.1 to PW.3 were examined and marked Ex.A-1. On behalf of the Referring Officer, RW.1 was examined and marked Ex.B-1 to B-8. After considering the material on record, the learned Senior Civil Judge enhanced the market value to Rs.15,000/- and denied the claim for further enhancement of the value of the wells. The points that arise for consideration are:- (1) Whether the enhancement of the market value by the learned Senior Civil Judge is legal and sustainable? (2) To what relief? POINTS:- In order to substantiate the claim of the claimants, claimant No.21 was examined as PW.1 and PWs.2 and 3 are other witnesses and the claimants relied upon sale deed dated 20-04-1985. The learned Senior Civil Judge found that the claim of the claimants for enhancement of the market value at Rs.35,000/- is not proper and the valuation given to the wells is also proper but however taking into consideration the fact that the lands are situated adjacent to Nerada village and fit for house sites and the land is in neighbourhood of developed houses, accepted the sale deed under Ex.A-1. He also taken into consideration Ex.B-5 the award proceedings where under commercial crops are said to be raised in the acquired land. There are also rice mills and bus stand and high school in the village. Therefore, taking into consideration the above facts, the learned Senior Civil Judge has enhanced the compensation, which cannot be said to be excessive or unreasonable since it is based on a sale transaction under Ex.A-1 and also potentialities admitted on both sides. The learned Senior Civil Judge has also granted the statutory benefits and therefore there are no grounds to interfere with the order of the lower court. Accordingly the appeal suit is liable to be dismissed. Therefore, the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 04-2-2011 TSNR