IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE NOUSHAD ALI A.S. No.1138 of 2000 Between: Korrapati Venkateswarlu ..... APPELLANT AND The Special Tahsildar (Land Acquisition) Ponnur, Guntur District .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE NOUSHAD ALI A.S. No.1138 of 2000 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) Heard both the counsel. 2. The land of the petitioner of an extent of Ac.011 cents in Sy.No.99/6B and Ac.0.11 cents in Sy.No.99/7B which is contiguous piece of land, adjacent to the gramakantham was acquired pursuant to the draft notification under Sec.4(1) of the Land Acquisition Act dated 10.07.1990 for the purpose of improvement of Kondavagu Upper Arm Reach No.1. The Land Acquisition Officer passed the award No.14/91 dated 30.05.1991 awarding compensation @Rs.24,000/- per acre. The claimant made an application seeking compensation of Rs.3,000/- per cent and hence the matter was referred to the Principal Senior Civil Judge, Guntur under Sec.18 of the Land Acquisition Act in LAOP.198/1991 to determine the market value of the land acquired. The Reference Court dismissed the said O.P. holding that the claimant is not entitled for any enhancement of compensation. 3. The only question that arises for consideration in this appeal is whether the petitioner/appellant is entitled for any enhancement of compensation. 4. The appellant himself was examined as RW 1 and stated that he is the owner of a single plot of an extent of Ac.2.07 cents in Sy.No.99-6B and 99-7B, abutting the Pallapadu village of Vatticherukuru Mandal, Guntur District. He constructed a tatched cattle shed of six rooms and raised the level of the land to a height of one yard. As there is a Vagu abutting southern side of the land, he spent Rs.5,000/- for the revetment of the Vagu and also spent Rs.20,000/- to raise the level of the land for construction of the cattle shed. The Land Acquisition Officer awarded compensation only for the land acquired, but not for the trees or the cattle shed existing thereon. The claimant deposed that there was a cattle shed and three trees, and in so far as the value of the land it is stated that out of the said land Ac.0.22 cents was acquired for widening of Vagu and the Land Acquisition Officer paid Rs.24,000/- per acre only though he is entitled for more compensation @Rs.4,000/- per cent. The Land Acquisition Officer fixed the market value for the acquired land @Rs.24,000/- per acre and Rs.1800/- for the three coconut trees which are 8 years old and total compensation of Rs.13,400/- was awarded. The petitioner is not entitled to seek any enhancement of compensation for the trees and no claim has been made seeking compensation for the cattle shed in this appeal. This appeal is seeking enhancement of compensation for the land alone. 5. The Claimant was examined as RW 1 and he relied on Ex.B13 sale deed dated 29.05.1989 by which Ac.0.05 cents of land was sold for Rs.4,114/- which works out to Rs.80,000/- per acre i.e. @Rs.17/- per sq.yard. 6. The claimant got examined RW 3 the purchaser of Ex.B13 land. He stated that he purchased Ac.0.05 cents of land under Ex.B13 for a sum of Rs.4,114/-. 7. The Senior Assistant of the office of the Land Acquisition Officer was examined as PW 1 and marked copy of the Award No.14/91 dated 30.05.1991 as Ex.A1. He stated that the Land Acquisition Officer referred as many as 23 sale transactions in the said award for fixing the compensation. The sale deed under Ex.A2 dated 23.09.1988 which is Document No.7 referred to in the said award was relied on by the Land Acquisition Officer. Under Ex.A2 sale deed, the land was purchased @Rs.21,605/- per acre, therefore, the Land Acquisition Officer fixed the market value @Rs.24,000/- per acre for the acquired land. 8. In the cross examination by the claimant, RW 1 stated that Ex.A2 sale transaction refers to Sy.No.6/2 of Pallapadu village whereas the land covered under the award refers to Sy.No.99/6B and 99/7B of Pallapadu village. He stated that the distance between the land covered by Ex.A2 and the land acquired would be one kilometer. 9. The Reference Court considered the sale transaction dated 20.02.1989 referred to in Ex.A1 award by which an extent of Ac.0.40 cents was sold for a sum of Rs.10,840/- which works out to Rs.27,100/- per acre. The Reference Court having held that the said sale transaction is comparable sale transaction, but held that 50% of the said land is liable to be deducted towards amenities and also for the reason that the sale transaction covered by sale deed dated 20.02.1989 registered document No.65 is in respect of Ac.0.40 cents whereas the land acquired is Ac.0.22 cents and therefore refused to grant enhancement of compensation. 10. We are of the opinion that the sale transaction of Ac.0.40 cents is one year five months prior to the Sec.4(1) Notification. The Reference Court having rightly held that the said sale deed is a comparable sale transaction, committed error in deducting 50% towards amenities. Admittedly the said sale deed dated 20.02.1989 relating to the sale of Ac.0.40 cents in the same Sy.No.99 and the land was not acquired for the purpose of house site and the sale transactions do not relate to the house sites. When the land of the petitioner was acquired for widening the Vagu and when there is a comparable sale deed in respect of the same survey number, there cannot be any justification in deducting 50% towards amenities, as question of providing any amenities for widening of Vagu does not arise. Therefore, we are of the opinion that the claimant is entitled for compensation based on the comparable sale transaction dated 20.02.1989 and also entitled to 15% escalation charges as the said sale transaction is one year five months prior to Sec.4(1) notification. If 15% escalation is added to Rs.27,100/- the market value of the land acquired would come to Rs.31,165/- per acre. Accordingly, we fix the market value of the acquired land @Rs.31,165/- per acre. 11. The Appeal Suit is accordingly allowed modifying the order of the Reference Court holding that the claimant is entitled to compensation @Rs.31,165/- per acre. It is needless to say that the appellant is also entitled for all the statutory benefits on the enhanced compensation. No order as to costs. ___________________ V.ESWARAIAH,J ___________________ NOUSHAD ALI,J Dated: 04.08.2010 Dsr