THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.2398 of 1993 DT.15-11-2011 Between: Special Deputy Collector (L.A), Srisailam Project, Kurnool … Appellant And Yellamma w/o Late Naganna … Respondent Counsel for the petitioner: G.P for Appeals Counsel for respondents Sri The Court made the following Judgment: THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.2398 of 1993 JUDGMENT: (Per Hon’ble Sri Justice V.Eswaraiah) Heard the learned counsel on both sides. The appellant herein is the Special Deputy Collector (L.A), Srisailam Project, Kurnool and the Referring Oﬃcer ﬁled this appeal aggrieved by the order dated 16-1-1990 in O.P.No.2724 of 1986, on the ﬁle of the II Additional Subordinate Judge, Kurnool enhancing the compensation from Rs.2,500/- per acre to Rs.9,700/- per acre. The lands of the respondent/claimant of an extent of Ac.0-50 cents, Ac.3-67 cents, Ac.1-19 cents, Ac.0-40 cents, Ac.0-82 cents, Ac.1-54 cents, Ac.0-27 cents, Ac.1-08 cents and Ac.0-65 cents in SY.Nos.202, 203, 204, 206/A, 207, 208, 209/A, 209/B, 210 and 211/A respectively situated at Palamarri village, Nandikotkur Taluk, Kurnool District were acquired for the purpose of Srisailam Project pursuant to the Notiﬁcation issued under Section 4 (1) of the Land Acquisition Act published in A.P. Gazettee on 28-3-1974. The Land Acquisition Oﬃcer vide Award No.31/1976 dated 30-12-1976 awarded the compensation for Category I and II lands @ Rs.2,500/- and 2,200 per acre respectively, and for the total extent of the land of the claimant an amount of Rs.1,10,279/- market value was ﬁxed. As the claimant has already received Rs.27,180/-, the remaining balance of compensation amount was determined at Rs.83,099/-. As against the said award, at the request of the claimant to refer the matter to the Civil Court under Section 18 of the Land Acquisition Act for enhancement, the matter was referred to the Civil Court, and the Court below enhanced the compensation from Rs.2,500/- and Rs.2,200/- per acre to Rs.9,700/- per acre and Rs.7,000/- per acre respectively along with other statutory beneﬁts. Aggrieved by the same, this appeal is field contending that the Court below erred in relying on the sale transactions which are not comparable and the claimant is not entitled to the compensation as awarded by the Court below. We have perused the impugned judgment. Admittedly, the lands were acquired pursuant to the notiﬁcation under Section 4 (1) of the Land Acquisition Act on 28-3-1974. The Court below placed reliance on Exs.X.1 to X.7, certiﬁed copies of the registered sale deeds ﬁled by the Referring Oﬃcer and Ex.B.1, a certiﬁed copy of the registered sale deed ﬁled by the claimant. The aforesaid sale deeds Ex.X.1 and X.4 relates to the transactions dated 7-7-1973 and X.3 and X.6 relates to the transactions dated 15-5-1973 which are one year prior to the present acquisition, wherein the land was sold at Rs.15,000/- per acre. Therefore, we are of the opinion that it cannot be said that enhancement of compensation based on the documentary evidence relating to the similarly situated lands is not just and proper. The compensation determined by the reference Court is just and proper. We do not see any inﬁrmity legal or otherwise to diﬀer with the compensation arrived at by the Court below. Accordingly, the appeal is dismissed conﬁrming the order of the Court below dated 16-1-1990 in O.P.No.2724/1986, on the ﬁle of the II Additional Subordinate Judge, Kurnool enhancing the compensation from Rs.2,500/- and 2,200/- per acre to Rs.9,700/- and Rs.7,000/- per acre respectively. No costs. ______________ V. ESWARAIAH,J _____________ K.S.APPA RAO,J DATE:15-11-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Common order of the Bench pronounced by Hon’ble Sri justice V.Eswaraiah) APPEAL SUIT No.2398 of 1993 DT.15-11-2011 GRK