THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.S.APPA RAO A.S.No.2023 of 1998 JUDGMENT: (per the Hon’ble Sri Justice K.S.Appa Rao) Being aggrieved by the judgment and decree, dated 27-08-1996, passed in O.P.No.33 of 1988 by the Subordinate Judge, Nandyal, Kurnool District, the present appeal is filed by the claimant. The land of the claimant to an extent of Ac.1-062/3 cents in Sy.No.955 situated at Kanala Village, Nandyal Mandal, Kurnool District, was acquired for the purpose of providing house sites to Scheduled Caste and Backward Class people of Kanala Village. Notification under Section 4(1) of the Act was published on 16-02-1980 and the Land Acquisition Officer, after due enquiry, awarded compensation @ Rs.8,500/- per acre. Dissatisfied with the said compensation, on the request made by the claimant, the reference was made. The Reference Court, after due enquiry, dismissed O.P.No.33 of 1988 confirming the award passed by the Land Acquisition Officer. Being aggrieved by the same, the present appeal is filed by the claimant. The learned counsel appearing for the appellant contended that the Reference Court ought to have enhanced the compensation as sought for by taking into consideration the evidence of RWs.1 to 4 and the documentary evidence Exs.X-1 to X-3, instead of confirming the award passed by the Land Acquisition Officer. Therefore, the order of the Reference Court is liable to be set aside. On the other hand, the learned Government Pleader appearing for the Government submits that the Reference Court, after taking into consideration the oral and documentary evidence, rightly dismissed the O.P. confirming the award passed by the Land Acquisition Officer. Therefore, the appeal is liable to be dismissed. Now the point for consideration is whether the Reference Court confirming the award passed by the Land Acquisition Officer @ Rs.8,500/- per acre is just and reasonable and that the order of the Reference Court is sustainable? Before the court below, on behalf of the claimant, RWs.1 to 4 were examined and Exs.X.1 to X.3 were marked. On behalf of the Government, PW.1 was examined and Ex.A-1 was marked. According to the evidence of the claimant/RW.1, in the acquired land, he is raising double wet crops under the ayacut of K.C.Canal, Kanala Village, and the land is situated 5 kilometres from Nandyal town limits and there is a city bus stop. The acquired land is having high potential value and therefore, he claimed compensation @ Rs.1,00,000/- per acre. He also relied on the evidence of RWs.2 to 4 and Exs.X-1 to X-3. Ex.X-1 is the registered sale deed, dated 09-10-1987, Ex.X-2 is the registered sale deed, dated 08-07- 1986 and Ex.X-3 is the registered sale deed, dated 08-03-1979. In the instant case, 4(1) Notification was published on 16-02-1980. Exs.X-1 and X-2-sale deeds are seven years subsequent to the present Notification. Therefore, no authenticity can be given to Exs.X-1 and X-2, as they are subsequent to 4(1) Notification. Though the sale transaction in respect of Ex.X-3 was referred by the Land Acquisition Officer in his award proceedings, it was discarded on the ground that the land pertaining to Ex.X-3 is situated in the midst of built up area, where all around the said land, houses are built up, and whereas the land in question is situated near burial ground. In the award proceedings, the Land Acquisition Officer has given detailed reasons for discarding Ex.X-3. No rebuttal evidence was adduced on behalf of the claimant on that score. Admittedly, as seen from the impugned order, the land in question is situated near burial ground. Therefore, viewed from any angle and having regard to the totality of the circumstances, the finding of the Reference Court confirming the award passed by the Land Acquisition Officer appears to be just and reasonable and we do not see any grounds to differ with the findings of the Reference Court. Accordingly, we see no merits in this appeal. In the result, the Appeal is dismissed, confirming the order of the Reference Court. No order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date: 01-12-2011 Prv