THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1451 OF 1998 DT.24-11-2011 Between: Mandal Revenue Officer (L.A), Chityal. … Appellant And Devanaka Yadagiri … Respondent Counsel for the Appellant: G.P for Appeals. Counsel for respondent: Sri The Court made the following Judgment: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1451 OF 1998 J U D G M E N T: (Per Hon’ble Sri Justice V.Eswaraiah ) The Mandal Revenue Officer, Chityal, who is the Land Acquisition Officer, filed this appeal aggrieved by the Judgment and Decree in O.P.No.12 of 1989 dated 18-8-1993, on the file of the Subordinate Judge, Nalgonda in enhancing the compensation of the acquired lands of the respondent/claimant from Rs.8,000/- to Rs.15,000/- per acre apart from granting statutory benefits. The land of the respondent/claimant of an extent of Ac.5-11 guntas in Sy.No.278 of Sivaneniguda Village of Chityal Mandal is acquired for the purpose of providing house-sites to the schedule castes and other weaker sections pursuant to the notification issued under Section 4 (1) of the Land Acquisition Act published on 6-11-1985. The Land Acquisition Officer, on enquiry, passed the award on 25-3-1986 fixing the compensation at Rs.8,000/- per acre. Dissatisfied by the compensation awarded, the respondent/claimant sought reference to the Civil Court under Section 18 of the Land Acquisition Act, and on reference, the reference Court enhanced the compensation from Rs.8,000/- to Rs.15,000/- per acre based on Exs.X.1 and X.2 sale deeds. Aggrieved by the same, this appeal is filed. During the enquiry, on behalf of the claimant, the claimant himself was examined as PW.1 apart from PWs.2 and 3, and on behalf of the Government no witness was examined and no exhibit was marked. However, Exs.X.1 and X.2, the certified copies of registered sale deed were marked on behalf of the third parties. PW.2 is the purchaser of land under Ex.X1 sale deed of an extent of 363 sq yards in respect of the same Sy.No.278 on 22-7-1985, which is prior to present notification. Under Ex.X.2 an extent of 635 sq yards was purchased at the rate of Rs.12/- per sq yard. The land under both the Exs.X1 and X.2 were purchased at Rs.12/- per sq yard, which comes to Rs.58,080/- per acre. As per Ex.X1 the land was purchased prior to the notification at Rs.58,080/- per acre. Even if 1/3rd is deducted towards the developmental charges and amenities, it comes to Rs.38,000/- per acre. As the lands are situated nearer to the National High Way No.9 and are 2 to 4 furlongs from Chityal and Chityal is a very developed town having the Mandal Revenue Office, Government Hospital, Degree College and 30 rice mills are situated in and around the acquired lands and and the lands between Chityal and National High Way are suitable for house sites. Having regard to the circumstances, we are of the opinion that the enhancement made by the Court below fixing the market value at Rs.15,000/- per acre is just and reasonable and it cannot be said that the said market value is more than the potential market value at the time of acquisition. Therefore, we see no ground to differ with the findings arrived at by the Court below while enhancing compensation from Rs.8,000/- per acre to Rs.15,000/- per acre. Accordingly, the appeal is dismissed confirming the Judgment and Decree in O.P.No.12 of 1989 dated 18-8-1993, on the file of the Subordinate Judge, Nalgonda. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 24-11-2011 THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah ) APPEAL SUIT No.1451 OF 1998 DT.24-11-2011 GRK