IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE 27TH DAY OF APRIL, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1948 OF 2000 Between: The Land Acquisition Officer and Special Deputy Collector, Peddapuram … Appellant And Sabbarapu Nukalamma … Respondent This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1948 OF 2000 JUDGMENT: - (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for brevity, “the Act”), by the Land Acquisition Officer-cum- Special Deputy Collector, Peddapuram is filed questioning the enhancement of the compensation made by the Senior Civil Judge, Peddapuram in O.P.No.450 of 1990, dated 15.11.1999. An extent of Ac.3.15 cents of land situated in survey No.396 and an extent of Ac.0-50 cents in survey No.400 of J.Annavaram village belonging to the claimant was acquired by the Government for the purpose of Yeleru Reservoir Project by issuing draft notification under Section 4(1) of the Act, dated 26.05.1987. The Land Acquisition Officer, after conducting award enquiry passed Award No.28/89, dated 22.07.1989 fixing the market value of the acquired land to an extent of Ac.3-15 cents at Rs.18,000/- per acre and an extent of Ac.0-50 cents at Rs.3,000/- per acre. The claimant having not satisfied with the said fixation, sought for reference to the Civil Court under Section 18 of the Act. On reference being made, the claimant appeared before the reference Court by filing claim statement for enhancement of compensation. Before the reference Court, on behalf of the claimant, RWs.1 to 3 were examined and Exs.R.1 to R.5 were marked. No oral or documentary evidence was let in by the Land Acquisition Officer. The reference Court on appreciation of the oral and documentary evidence, observed that Ex.R1-registration extract of sale deed, dated 23.01.1986 shows that in Marriveedu village, one Pericherla Jagannadharaju sold an extent of Ac.0.88 cents of dry land for a consideration of Rs.40,000/-. The evidence of R.W.2, who was one of the vendee, also corroborated the sale transaction under Ex.R1. Ex.R4-copy of the judgment of this Court in A.S.No.972 of 1996 and batch, dated 20.02.1998 shows that for the lands of J.Annavaram village belonging to one Vagu Bulli Yellamraju and others, which were acquired by the Government for the same purpose, this Court fixed the market value at Rs.55,000/- per acre. It was further observed that this Court in A.S.No.2733 of 1996 and batch, dated 26.02.1998 in respect of the land situated in Lakkavaram village belonging to one Thotakura Nookalamma and others, which was also acquired by the Government for the same purpose, upheld the genuineness of Ex.R1 and that for the lands of J.Annavaram Village belonging to one Pelivela Lakshmi, which were acquired for the same purpose, this Court in A.S.No.2913 of 1996 and batch, dated 17.03.1998 fixed the market value at Rs.40,000/- per acre for dry land and at Rs.55,000/- per acre for wet land. Observing so, the reference Court after taking into consideration the proximity of the notification and since the lands acquired are contiguous to the lands covered by the judgments passed by this Court as referred to above, rightly fixed the market value of the acquired land to an extent of Ac.3-15 cents in survey No.396 at Rs.50,000/- per acre and an extent of Ac.0-50 cents in survey No.400 at Rs.10,000/- per acre, which in our considered view, is the true market value prevailing as on the date of issuance of notification. Therefore, no infirmity is discernable in the reasoning adopted by the reference Court in arriving at the market value, warranting interference by this Court. Accordingly, the appeal suit is dismissed. No order as to costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 27th April 2010 lmv