THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2883 of 1999 JUDGMENT (Per Hon’ble Sri Justice A. Gopal Reddy): This appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) has been preferred by the Revenue Divisional Officer, Anantapur questioning the enhancement of compensation made by the Principal Senior Civil Judge, Anantapur in O.P.No.76 of 1992 dated 13.08.1999. An extent of Acs.18.17 cents of land, including Acs.8.89 cents of lands belonging to the respondents/claimants, situated in Renimakulaplli Village was acquired for the purpose of construction of additional tank in the said village, by issuing a draft notification under Section 4(1) of the Act and publishing the same in the Gazette on 25.05.1987. The Land Acquisition Officer, after completing the due formalities, passed Award No.3 of 1988 on 30.11.1988 fixing the market value of the acquired land at Rs.6,000/- per acre. Being not satisfied with the compensation awarded, the claimants sought for reference under Section 18 of the Act for due determination of the compensation payable for the land acquired. On such reference being made, claimants 1 and 2 filed claim statement claiming compensation @ Rs.25,000/- per acre, and the same has been adopted by claimants 3 and 4. To prove the inadequacy of market value, on behalf of the claimants, the second claimant examined himself as P.W.1 and one more witness was examined as P.W.2 and Ex.A.1 registration copy of the sale deed was marked. On behalf of the Referring Officer, though none was examined, Award and Award Proceedings were marked as Exs.B.1 and B.2. P.W.1 deposed that an extent of Acs.8.89 cents of land situated in Survey No.115-B1A of Renimakulapalli village, in which he owns Acs.4.59 cents, his brother owns Acs.3.13 cents and claimants 3 and 4 owns Acs.1.17 cents, were acquired for the purpose of construction of additional tank in the village. As the acquired land was a fertile black cotton soil, they used to raise corron, groundnut and coriander and used to get an income of Rs.12,000/- per acre per year. The land is adjoined to T.B.H.L.C Canal and it is at a distance of one kilometer from the village. The acquired land is adjoining to Uravakonda- Kanekal bus road. In between the bus road and their acquired land there are 30 Government Quarters well connected with electricity and other amenities. He further deposed that in 1986 one Sanjappa sold one acre of land for Rs.10,000/- under Ex.A.1-sale deed dated 20.01.1986. P.W.2, who is the purchaser of the land under Ex.A.1-sale deed, testified that he purchased the land in Survey No.86 A/B @ Rs.10,000/- per acre, and that the acquired land and the land he purchased are fertile black soil giving good yield. The sale transaction covered by Ex.A.1, under which the land was sold @Rs.10,000/- per acre, was dated 20.01.1986, whereas the notification under Section 4(1) of the Act was published on 25.05.1987, and therefore, there is a time gap of one year four months from the date of Ex.A.1. Therefore, if escalation @ 10% is added to the said one year four months, the market value comes to Rs.11,400/- per acre. Since the fixation of the market value by the reference Court is based upon Ex.A.1-sale deed and no evidence was let in by the Land Acquisition Officer to show that the said sale deed was brought up by the claimants to claim higher compensation, we are of the opinion that the fixation of the market value of the acquired land @ Rs.12,000/- per acre by the reference Court is just and reasonable and the impugned order does not call for any interference by this Court. The appeal is accordingly dismissed. There shall be no order as to costs. ________________________ JUSTICE A.GOPAL REDDY ______________________ JUSTICE G.V.SEETHAPATHY Date: 13.04.2010 va