HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2705 OF 2000 DATED:29.04.2010 BETWEEN: The Land Acquisition Officer and Special Deputy Collector, Y.R.P.Unit-III, Peddapuram …Appellant and Palika Rajababu …Respondent This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2705 OF 2000 JUDGMENT: (Per Hon’ble Sri Justice A. Gopal Reddy) The Land Acquisition Officer preferred this appeal against the order passed by the Senior Civil Judge, Peddapuram made in O.P.No.316 of 1991, dated 11.05.2000 whereunder the learned Senior Civil Judge answered the reference made under Section 18 of the Land Acquisition Act, 1894 in favour of the claimant-respondent enhancing the compensation from Rs.18,000/- awarded by the Land Acquisition Officer, to Rs.50,000/- per acre for the dry and wet lands with all statutory benefits. An extent of Acs.0-75 cents of land situated in survey No.604 of Kambalapalem village belonging to the claimant-respondent herein was acquired by the Government for the purpose of Yeleru Reservoir Project by issuing draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) dated 27.08.1987. The Land Acquisition Officer, after conducting award enquiry passed award on 12.01.1989 fixing the market value for the acquired land at Rs.18,000/- per acre. Dissatisfied with the said fixation, the claimant on receiving the amount under protest requested the Land Acquisition Officer to refer the matter to civil court for due determination of the compensation for the acquired land. On such reference being made, the claimant appeared and filed necessary claim statement claiming compensation. Before the reference Court, on behalf of the claimant, RW1 was examined and Exs.R.1 to R.3 were marked. On behalf of the Land Acquisition Officer, no oral or documentary evidence was adduced. The reference court on appreciation of the oral and documentary evidence observed that, Ex.R1- copy of judgment in A.S.No.2733 of 1996 and batch, dated 26.02.1998 shows that for the lands in Lakkavaram village, which is the adjacent village of J. Annavaram village, the Government acquired the land belonging to one Thotakura Nookalamma and others for the very same purpose, this Court fixed the market value at Rs.50,000/- per acre irrespective of classification of the land. Ex.R2 – copy of judgment in A.S.No.972 of 1996 dated 20.02.1998 for the lands of J.Annavaram village Government acquired the land of one Vagu Bulli Yellamraju and others, for the very same purpose, this Court fixed the market valkue at rs.55,000/- treating the same as wet land. Ex.R3 - registration extract of sale deed, dated 23.01.1986 shows that in Marriveedu village, which is an adjoining village of J.Annavaram, one Pericherla Jagannadharaju sold an extent of Ac.0-88 cents of dry land for a consideration of Rs.40,000/- and the genuineness of the same was upheld by the judgment of this Court under Ex.R1. Taking into consideration the proximity of the notification, and since the lands acquired are contiguous to the lands covered by the judgment passed by this Court as referred to above, the reference Court rightly fixed the market value of the acquired land at Rs.50,000/- 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 discernible in the reasoning adopted by the lower Court in arriving at the market value, warranting interference of this Court. Accordingly, the Appeal is dismissed. There shall be no order as to costs. ___________________ A. GOPAL REDDY, J. ____________________ G.V.SEETHAPATHY, J. APRIL 29, 2010 Lmv.