THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.542 OF 2005 DATED 18TH JANUARY, 2011 BETWEEN: Sri Ravula Komuraiah … Appellant/Claimant a n d The Land Acquisition Officer, (Special Deputy Collector), S.R.S.P., Warangal. … Respondent. THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.542 OF 2005 J U D G M E N T (Per Sri Justice Sanjay Kumar) Aggrieved by the order dated 23.07.2003 of the reference Court of the learned Principal Senior Civil Judge at Warangal in L.A.O.P.No.68 of 1999, the claimant is in appeal. By the said order, the reference Court confirmed the Award of the Land Acquisition Officer determining the compensation payable to the claimant for his land and the trees situated thereon. An extent of Ac.0.18 guntas of land belonging to the claimant situated in Survey No.337 of Bhagirthipet Village, Warangal District, was acquired for the purpose of excavation of Pocham Pahad Canal under Notification dated 18.08.1998 issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer, after due enquiry, valued the acquired land at Rs.10,350/-. He fixed the compensation payable for the existing mosambi and coconut trees at Rs.26,997/-. Aggrieved by this valuation, the claimant sought reference under Section 18 of the Land Acquisition Act, 1894. The claimant examined himself as P.W.1 before the reference Court and the Sarpanch of Bhagirthipet as P.W.2. Exs.A.1 to A.4 were marked in evidence. The Special Deputy Collector, Land Acquisition, Hanamkonda, was examined as R.W.1 and he marked Exs.B.1 and B.2 for the State. The reference Court took note of the fact that the Land Acquisition Officer had fixed the market value of the land at Rs.23,000/- per acre and accordingly quantified the compensation payable for the claimant’s extent of Ac.0.18 guntas. It also took note of the valuation for the 43 mosambi and 24 coconut trees existing on the said land on the basis of the estimation furnished by the Assistant Director of Horticulture, Warangal. The claimant, relying on Exs.A.1 and A.2 certificates issued by the Village Administrative Officer and the Sarpanch of his Village respectively, claimed that the market value of the acquired land was Rs.1,00,000/- per acre. He also placed reliance on Exs.A.3 and A.4, the certified copies of the Order and Decree in O.P.No.63 of 1997 and asserted that the lands which formed the subject matter thereof were similar to his land, being physically proximate. He however admitted in his deposition that the said lands were situated in Sulthanpur Village and that he did not know their survey numbers. The reference Court took note of the fact that there was no evidence to show that Sulthanpur Village and Bhagirthipet Village were adjacent to each other. In the absence of such evidence and as there was no indication as to what was the actual distance between the two Villages, the reference Court rightly refused to rely upon Exs.A.3 and A.4. The claimant restricted his claim in the present appeal to Rs.50,000/- per acre. However, there is no material whatsoever to support such a claim. The statements made by the Village Officers in Exs.A.1 and A.2 are insufficient to support this claim. We therefore find no reason to interfere with the valuation adopted by the Land Acquisition Officer in so far as the land is concerned, which found approval with the reference Court. In so far as the compensation for the trees is concerned, the Land Acquisition Officer relied upon the estimation furnished by the Horticulture Department. In the absence of evidence to the contrary, there is nothing on record to support the claim of the appellant/ claimant that he was entitled to more compensation on this count. The Order and Decree of the reference Court therefore does not suffer from any infirmity warranting interference in appeal. The Appeal is accordingly is dismissed. No order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 18TH JANUARY, 2011. PGS