THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1153 OF 2002 Dated. 01-12-2010 Between: The Land Acquisition Officer, Gopalpet …Appellant Vs. Ram Reddy and another ..Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1153 OF 2002 JUDGMENT (Per NRLN,J) This appeal is filed against the judgment in OP No.34 of 1992 on the file of the court of the learned Senior Civil Judge, Nagarkurnool, whereunder the market value of the acquired was enhanced from Rs.4,000/- granted by the Land Acquisition Officer to Rs.7,260/- to an extent of Ac.2.50 cents. The land belonging to the claimants were proposed to be acquired by the Mandal Revenue Inspector for public purpose and a publication was given on 20-02-1992 and an award enquiry was conducted and the Land Acquisition Officer fixed the market value at Rs.4,000/- per acre. The claimants pleaded that the valuation is not proper and claimed that the market value is at Rs.30/- per square yard and accordingly the reference was made. During the course of reference also the claimants maintained the same valuation. On behalf of the claimants, PWS.1 to 3 were examined and marked Exs.A-1 and A-2 and on behalf of the referring officer, RW.1 was examined and marked Ex.B-1. After considering the evidence on record, the learned Senior Civil Judge enhanced the market value to Rs.1.50 paise per square yard. The points that arise for consideration are:- (1) Whether the enhancement granted by the learned Senior Civil Judge is legal and sustainable? (2) To what relief? POINTS:- The claimants have relied upon the Exs.A-1 and A-2 sale transactions and also proved them by examining the persons associated with them. The lower court rejected the contentions of the Government Pleader that they are created documents and found that Ex.A-2 is long prior to the 4(1) notification. The lower court found that Exs.A-1 and A-2 are proved and relying upon EX.A-2 which is registered sale deed dated 17-07-1988 considered the valuation. The lower court also took into consideration the fact that the land was acquired for house sites and abuts the village. Therefore, taking into consideration the above fact, the lower court fixed the market value at Rs.2/- per square yard and deducted 1/4th and fixed the market value at Rs.1.50 paise per square yard with all attendant benefits. The order of the lower court is based on reasons and appreciation of evidence and it does not call for any interference in this appeal. Therefore, the appeal suit is liable to be dismissed. Accordingly, the points are answered. Accordingly, the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 01-12-2010 TSNR