THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.2693 OF 2000 Dated. 08-12-2010 Between: The RDO, Nirmal …Appellant Vs. Arvind Reddy and another ..Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.2693 OF 2000 JUDGMENT (Per NRLN,J) The appeal is filed against the order of the learned Senior Civil Judge, Asifabad in a reference under Section 18 of the Land Acquisition Act, 1894 (for short “the Act’) enhancing the market value of the acquired land to Rs.56,000/- per acre after making a deduction from the market value of Rs.80,000/- per acre as against the market value fixed by the Land Acquisition Officer at Rs.8,000/- per acre. An extent of Ac.3.17 guntas in Sy.No.66 and Ac.8.15 guntas in Sy.No.67/B of Garimilla (Mancherial) was acquired by the Government for providing house sites to the Scheduled Castes, Scheduled Tribes and Weaker Sections. A draft notification was published on 04-03-1983 and the lands of the claimants came under acquisition and after conducting an award enquiry, the Land Acquisition Officer has fixed the market value of the acquired land at Rs.8,000/- per acre and passed the award on 06-08-1984. The claimants herein were not satisfied with the market value and sought for a reference and accordingly the matter was referred to the civil court. The claimants claiming the acquired land is a dry land and nearer to Mancherial town, which is a municipality and more fit for construction of house sites and is in a developed area and particularly Mancherial is fast developing and the potentiality is more and accordingly claimed compensation at Rs.80,000/- per acre. On behalf of the claimants, RWS.1 to 5 were examined and marked Exs.B-1 and B-2 and on behalf of the Government PW.1 was examined and marked Exs.A-1 to A-9. After considering the evidence on record, the learned Senior Civil Judge, fixed the market value at Rs.80,000/- and deducted 30% and fixed the market value payable at Rs.56,000/-. The points that arise for consideration are:- (1) Whether the market value fixed by the lower court is reasonable and correct? (2) Whether the award passed by the learned Senior Civil Judge, Asifabad call for any interference? (3) To what relief? POINTS:- As can be seen from the award of the lower court, during the enquiry, the claimants have assessed the market value at Rs.40,000/- per acre whereas after the reference in the claim statement, the market value was fixed at Rs.80,000/-. No doubt, there is no bar for claiming the enhanced market value before the court even if lesser value claimed before the Land Acquisition Officer. But, however, as against the claim made at the earlier point of time, the question is the claimants due to ignorance or for lack of proper assessment of the market value could not make a proper claim and whether the evidence on record justifies the enhancement of compensation as against the claim of Rs.40,000/- only before the Land Acquisition Officer. Evidently, the claimant is in the possession of the plaintiff, and the burden is on the claimant to prove the market value. The lower court has relied upon several decisions to assess the market value. The lower court relied upon the evidence of claimants (RWS.1 and 2) that the acquired land is situated behind the Government College in Mancherial town and in and around the acquired land there are residential houses even prior to the acquisition and relied upon a registered sale deed dated 20-12-1982 under Ex.B-1 relating to Sy.No.425 and Ex.B-2 dated 22-03-1982 and found that these lands are nearer to the acquired land. The lower court relying all these things, found that the value of the acquired land will be about Rs.60,000/- to Rs.80,000/-. The above facts are proved by the evidence of RWs.1 and 2. The lower court took into consideration the potentiality of Mancherial town as a commercial centre and referred to Ex.A-6 award. The lower court also took into consideration the raising market value of the land. He relied upon the sale under Ex.B-2 transaction dated 22-03-1982. The fact that the very purpose of acquisition is for providing house sites cannot be ignored. Further in the backward area of Adilabad district, Mancherial town is a richest town with all facilities such as Railway station and other commercial activities. Therefore, the lower court has taken into consideration the evidence of RW.1 to 4, supported by the Ex.A-2 document and the several potentialities of the acquired land and also the fact that it is for house sites. Therefore, in view of the above circumstances, the award passed by the lower court does not suffer from any infirmity warranting interference. Accordingly the points answered. Therefore, the Appeal Suit is dismissed. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 08-12-2010 TSNR