HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO DT. 31-5-2010 AS No.1725/1998 The Land Acquisition Officer (Mandal Revenue Officer), Khammam. …Appellant V. 1. Kokkireni Samudram and others. ..Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO AS No.1725/1998 JUDGMENT: (Per the Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) by the Land Acquisition Officer (Mandal Revenue Officer), Khammam is filed questioning the enhancement of compensation made by Senior Civil Judge, Khammam, in OP No.95/1989 dt. 10-2-1998. A draft notification under Sec.4(1) of the Land Acquisition Act, 1894 (for short “the Act”) proposing to acquire an extent of Ac.4-16 guntas of land in S.No.1266 situated at Kistapuram h/o Kusumanchi village of Kusumanchi Mandal for the purpose of providing house sites to the members of the weaker sections of the society was published in the A.P. Gazette on 8-8-1986. The Land Acquisition Officer after complying with all due formalities passed an award dt. 31-3-1988 fixing the market value of the acquired land at Rs.5,300/- per acre. Dissatisfied with the fixation of the market value, the claimants sought for a reference under Section 18 of the Act to the Civil Court and the matter was referred to the Civil Court. On receipt of the reference by the Civil Court, the claimants appeared and filed their claim statements claiming compensation at Rs.40,000/- per acre. To prove the market value, the claimants examined P.Ws.1 to 4 and marked Exs.A-1 to A-3. Exs.A-1 and A-2 are certified copies of registered sale deeds dt. 28-10-1983 and 18-4-1985 respectively. Ex.A-3 is the certified copy of judgment in OP No.269/88 on the file of Senior Civil Judge, Khammam. On behalf of the referring officer, no evidence, either oral or documentary has been adduced. The reference court, after considering the evidence adduced by the parties, by the impugned award fixed the market value of the acquired land at Rs.12,000/- per acre and Rs.2000/- for the well. Under Ex.A-1-sale deed dt. 28-10-1983, P.W.2 purchased an extent of 1210 sq.yards (10 guntas) of vacant site in S.No.220/AA situated at Kusumanchi village for a consideration of Rs.12100/- ie., at Rs.1210 per gunta, (Rs.48400/- per acre). Under Ex.A-2-sale deed dt. 18-4-1985, P.W.4 sold an extent of 20 guntas of land in S.No.334/A situated at Kusumanchi village for a consideration of Rs.26,250/- ie., at Rs.1250/- per gunta, which works out to (Rs.50,000/- per acre). In OP No.269/88, the reference court fixed the market value of the land in S.No.387/2 situated at Muthyalagudem village of Kusumanchi Mandal at Rs.30,000/- per acre. P.Ws.1 and 3 who are claimants 1 and 3 respectively categorically deposed that they used to raise mirchi crop in the acquired land and derive an annual income of Rs.20,000/-. The reference court discarded the sale deeds covered under Exs.A-1 and A-2 on the ground that Kusumnchi village is 2 KMs away from the acquired land and they cannot form the basis for fixation of the market value of the acquired land. The reference court after relying upon the sale transaction at serial No.11 obtained from the Sub-Registrar by the Land Acquisition Officer, whereunder land in S.No.1040/A was sold for a consideration of Rs.12,000/- per acre, which was effected two years prior to issuance of Sec. 4(1) notification, which was discarded by the Land Acquisition Officer, fixed the market value of the acquired land at Rs.12,000/- per acre hypothetically with all statutory benefits. Learned Government Pleader for Appeals contends that once the reference court rejected the sale transactions covered under Exs.A-1 and A-2 and in the absence of any evidence that the land covered by OP No.269/88 is similar to that of the land now sough to be acquired, fixation of market value at Rs.12,000/- per acre is erroneous. We do not see any merit in the contention advanced by the learned Government Pleader. The evidence adduced by the claimants as well as the sale transactions covered under Exs.A-1 and A-2 would clearly disclose that Kusumanchi village is 2 KMs away from the acquired land; Kusumanchi village is a Mandal Headquarters and Kistapuram is the hamlet of Kusumanchi village. The sale transactions covered by sale deeds, Exs.A-1 dt. 28-10-1983 and Ex.A-2 dt. 18-4-1985, which are three years and one year prior to the issuance of notification, reflect that the market value of the land covered thereunder was at Rs.50,000/- per acre. Even 1/4th of the same is taken into consideration; the market value is worked out to Rs.12,500/-. If necessary escalation at 10% for three years is added, the market value would be more than Rs.15,000/- per acre. In view of the same, the method adopted by the reference court in fixing the market value basing upon the sale transaction, which was discussed by the Land Acquisition Officer, in his award, which was effected two year prior to issuance of notification, at Rs.12000/- per acre is found to be correct.; and there is no irregularity in fixing the market value by the reference court. The appeal suit fails and is accordingly dismissed. No costs. ___________________ A. GOPAL REDDY, J ________________ RAJA ELANGO,J Date:-31-5-2010 kmr .