THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1064 OF 2002 Dated. -12-2010 Between: The Special Deputy Collector, L.A.Unit, Warangal …Appellant Vs. Thota Narsaiah and others ..Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1064 OF 2002 JUDGMENT (Per NRLN,J) The appeal is filed against the order in O.P.No.29 of 1993 on the file of the court of Principal Senior Civil Judge, Warangal enhancing the compensation of the acquired land to Rs.20,000/- from Rs.13,000/- awarded by the Land Acquisition Officer. An extent of Ac.4.27 guntas of land in Geesugonda Village belonging to the claimants were acquired for construction of Super passage over Kakatiya Canal of S.R.S.P.Project and a draft notification was given on 28-06-1991 and possession was taken on 08-08-1991 and an award enquiry was conducted and the Land Acquisition Officer fixed the market value at Rs.13,000/- per acre. The claimants were not satisfied with the market value and they claimed that the market value was Rs.40,000/- per acre and accordingly the matter was referred to the court. Before the court they claimed that the market value was Rs.80,000/- to Rs.90,000/- per acre at the time of acquisition and the lands are fertile and getting income and they are entitled for the compensation at Rs.80,000/- per acre. On behalf of the claimants, PWs.1 and 2 were examined and marked Exs.A-1. On behalf of the Referring Officer, Exs.B-1 and B-2 were marked. After considering the evidence on record, the learned Senior Civil Judge enhanced the compensation to Rs.20,000/- per acre. Aggrieved by the said order the present appeal is filed. 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:- The evidence of PW.1 who is the claimant No.1 shows that under Ex.A-1 sale deed the land to an extent of Ac.0.30 was sold at Rs.90,000/- per acre and the Land Acquisition Officer has not fixed the fair market value. The learned Senior Civil Judge while considering the evidence on record noted that Land Acquisition Officer has not taken into consideration the sale transaction of the year 1990 and he has not given any reason to discard the same. The learned Senior Civil Judge took into consideration the location of the village and crops are being raised in the lands and thereby came to the conclusion that the fair market value will be Rs.20,000/-. The sale transaction reflects the nearer market value of the acquired land by the date of notification. In fact though some sale deeds relied on by the Land Acquisition Officer shows less amount, they have given additional amount due to time lag. The reasons given by the learned Senior Civil Judge are based on an appreciation of facts and also relevancy of the award and therefore it does not call for any interference. It needs no further order about the payment of interest on solatium or additional market value since it was stated that the entire compensation carries the interest. Accordingly the appeal suit is liable to be dismissed. The points are therefore answered. Therefore, the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 20 -1-2011 TSNR