IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD TUESDAY, THE SECOND DAY OF MARCH, TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1755 OF 1999 Between: The Special Deputy Collector, L.A. Unit, Huzurabad. … Appellant And: Dangu Veeramallu & others … Respondents THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1755 of 1999 JUDGMENT: (Per AGR,J) The appeal under Section 54 of the Land Acquisition Act 1894 by the Special Deputy Collector, L.A., Unit, Huzurabad, is directed against the order dated 13-11-1998 of the I-Additional Senior Civil Judge, Warangal passed in O.P.No.77 of 1989, enhancing the market of the acquired land and fixing the same at Rs.20,000/- per acre, as against Rs.9,500/- awarded by the Land Acquisition Officer. 2. An extent of Ac.4-2½ cents of land, in the limits of Puligilla and Raiparthy villages, was acquired by the Land Acquisition Officer for the purpose of excavation of SL KBM-31 at KM 0.000 to 1.950 by issuing draft notification under Section 4(1) of the Land Acquisition Act, 1894 [for short ‘the Act’] published in the Gazette on 18.11.1987. The Land Acquisition Officer, after following the due procedure, passed award by fixing the market value of the acquired land at Rs.9,500/- per acre. Dissatisfied with the fixation of the market value, the claimants sought reference under Section 18 of the Act and the matter was referred to the Civil Court in the above O.P. 3. To prove the market value of the acquired land, PWs.1 and 2 were examined and Exs.A.1 to A.5 were marked on behalf of the claimants. The Land Acquisition Officer himself was examined as R.W.1 and no documents were marked. The copy of the Award was not marked. 4. P.W.1, who is one of the claimants, deposed that his land along with the lands of others situated at Puligalla was acquired and the Government paid compensation at Rs.9,500/- per acre and for the similarly situated lands acquired for similar purpose, when the matter was referred to Civil Court, the Principal Subordinate Judge, Warangal fixed the market value at Rs.20,000/- per acre in O.P.No.75 of 1989 under Ex.A-4. The acquired lands are adjacent to the lands covered under the above O.P. P.W.2 states that he sold an extent of Ac.0-10 gts of land in Sy.No.288 of Cherlapalli village at the rate of Rs.20,000/- per acre under Ex.A-1 sale deed dated 13-10-1982 to one M.Sammi Reddy and the said sale was five years prior to the issuance of notification. 5. After going through the entire evidence adduced by the parties and the reasoning adopted by the reference Court, we are convinced that the market value fixed by the reference Court is reasonable and same was prevalent as on the date of the notification dated 18-11-1987 in the present case and the draft notification covered under Ex.A-4 dated 17-10-1987. Thus, the claimants are entitled to the same market value. 6. We do not find any merit in the appeal and the same is liable to be dismissed. 7. The appeal is accordingly dismissed. No order as to costs. _________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J Date: 02.03.2010 Lrkm.