THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.S.APPA RAO A.S.No.2066 of 1998 JUDGMENT: (per the Hon’ble Sri Justice K.S.Appa Rao) Being aggrieved by the judgment and decree, dated 04- 04-1998, passed in O.P.No.13 of 1996 by the Senior Civil Judge, Mahabubabad, the present appeal is filed by the Government. The dry land of the claimant to an extent of Ac.3-21 gts., in Sy.No.1106 situated at Rama Thanda H/o.Ingurthy village, was acquired for the purpose of providing house sites to the Scheduled Tribes. Notification under Section 4(1) of the Act was published on 17-06-1982 and the Land Acquisition Officer, after due enquiry, awarded compensation @ Rs.4,500/- per acre. Dissatisfied with the said compensation, on the request made by the claimant, the reference was made. The Reference Court, after due enquiry, enhanced the compensation to Rs.16,000/- from Rs.4,500/-. Being aggrieved by the same, the present appeal is filed by the Government. The learned Government Pleader argued that the Reference Court without any proper evidence on record enhanced the compensation from Rs.4,500/- to Rs.16,000/- and the said compensation needs to be reduced. On the other hand, the learned counsel appearing for the claimant argued that the prevailing market rate of the acquired land was around Rs.20,000/- per acre during the relevant period and that it is a known fact that the lands would get registered as per the valuation register maintained in the office of Sub-Registrar and not more than that and that the evidence of PWs.1 and 2 and Ex.A-1 has to be taken into consideration while fixing the market value. The court below, after considering the oral and documentary evidence, rightly fixed the market value @ Rs.16,000/- per acre. Therefore, the appeal is liable to be dismissed. Now the point for consideration is whether the enhancement of compensation awarded by the Reference Court is just and reasonable and that the order of the Reference Court is sustainable? Before the court below, on behalf of the claimant, PWs.1 and 2 were examined and marked Ex.A.1. On behalf of the appellant, RW.1 was examined and Exs.B-1 and B-2 were marked. The claimant mainly relied on Ex.A-1-registered sale deed, dated 26- 06-1981, which is prior to 4(1) Notification. As seen from the said document, the wet land to an extent of 20 gts., was sold @ Rs.8,000/- per acre. PW.2 deposed that though he purchased the land to an extent of 20 gts., @ Rs.20,000/- per acre, as per valuation of Sub-Registrar, the property was valued at Rs.8,000/- per acre. It is borne out from the evidence that the land in question has high potential value and the same is evident from the evidence of PW.2. The sale transaction under Ex.A-1 is prior to 4(1) Notification. Therefore, viewed from any angle and having regard to the totality of the circumstances, the finding of the Reference Court determining the market value of the land acquired at Rs.16,000/- per acre appears to be just and reasonable 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 in all aspects. No order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date: 01-12-2011 Prv