HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1481 of 2000 Dated: 23-04-2010 Between: The Special Deputy Collector (L.A.), I.P.T. & Railways, Khammam. Appellant AND V.Satyanarayana. Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1481 of 2000 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is directed against the orders of the Senior Civil Judge, Khammam, dated 17.01.2000 made in O.P.No.35 of 1996 whereby the compensation for the acquired land was enhanced from Rs.8,000/- to Rs.12,000/- per acre. An extent of Ac.3.03 guntas of land belonged to the claimant- respondent herein situated in Papatpalli Village, Khammam was acquired by Government by publishing draft notification under Section 4(1) of the Act on 2.6.1995, however, possession of the land was taken in advance on 15.01.1962. The Land Acquisition Officer after conducting enquiry, passed an award on 29.1.1996 fixing the market value of the acquired land at Rs.8,000/- per acre. The claimant having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimant appeared and filed claim statement before the reference Court claiming compensation at Rs.50,000/- To prove the market value, the claimant himself examined as P.W.1 and examined one more witness as P.W.2 and marked Exs.A.1 to A.4. On behalf of the referring officer, the Land Acquisition Officer was examined as R.W.1 but no documentary evidence was adduced. On consideration of the evidence available on record, the reference Court fixed the market value at Rs.12,000/- per acre. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. The claimant in his evidence as P.W.1, while reiterating the averments in the claim statement, stated that he used to raise paddy and chilli crops in the acquired land apart from commercial crops, but his evidence was not believed holding that he did not produce any document like pahanies to show that he was raising commercial crops in the acquired land. Ex.A.3 is registered sale deed, dated 1.8.1985, whereunder P.W.2, the vendor sold Ac.0.20 guntas of land for a sum of Rs.20,000/- which works out to Rs.40,000/- per acre, but the reference Court did not believe and rejected Ex.A.3 holding that the sale deed is subsequent to the acquisition proposal. Further, R.W.1 deposed that the acquired land was un-even, full of boulders and ditches and was not fit for cultivation. However, the reference Court taking into consideration of steep rise in prices, fixed the market value of the acquired land at Rs.12,000/- per acre on hypothetic basis. Considering the evidence brought on record, we feel that the market value fixed by the reference Court is just and reasonable. Further the value of the appeal itself is Rs.12,300/- only. Having regard to involvement of trivial and insignificant amount, this appeal, in our considered opinion, ought not to have been preferred by the State. In the result, the appeal is dismissed confirming the enhancement of compensation made by the reference Court at Rs.12,000/- per acre. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 23, 2010 G.V. SEETHAPATHY, J. Tsr.