THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1462 of 1998 DT.24-11-2011 Between: A.Janardhan Reddy & ors … Appellants And State through the Land Acquisition Officer-cum- Mandal Revenue Officer, Doulthabad Revenue Mandal, Medak District-AP. … Respondent Counsel for the Appellant: Sri M.Narender Reddy 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.1462 of 1998 J U D G M E N T: (Per Hon’ble Sri Justice V.Eswaraiah) Heard the learned counsel on both sides. The appellants are the claimants aggrieved by the Judgment and Decree dated 16-2-1998 in O.P.No.1 of 1991 on the file of the Senior Civil Judge, Siddipet, Medak District. The land of the appellants of an extent of Ac.2-20 guntas, Ac.0-25 guntas and Ac.2-20 guntas respectively in Sy.Nos.1, 14 and 349/E situated at Begumpet village was acquired for the purpose of providing house-sites to Schedule Caste, Schedule Tribe and Backward Classes pursuant to the notification issued under Section 4 (1) of the Land Acquisition Act on 15-11- 1985 and published in the Gazettee on 7-1-1986. The Land Acquisition Officer passed the award fixing the compensation at Rs.2,000/- per acre for the dry land and Rs.4,500/- per acre for the wet land. It is the case of the appellants/claimants that the acquired lands are very fertile and cultivable lands and they used to grow Chilli, Ginger, Garlic, Potato and Wheat and wet crops like Paddy and some of the lands are well connected with roads and are having fruit bearing trees. The appellants/claimants examined PWs.1 to 4 and marked Exs.A.1 to A.3. On behalf of the Land Acquisition Officer, M.R.O was examined as RW.1 and award was marked as Ex.B1. The Court below after due trial, rejected to enhance the compensation and confirmed the award passed by the Land Acquisition Officer. Aggrieved by the said Judgment and Decree, this appeal is filed. The learned counsel for the appellants/claimants contended that the Court below erroneously dismissed the O.P without enhancing the compensation and failed to appreciate the potential value of the lands acquired admittedly for the house-sites and also erred in rejecting the documentary evidence Exs.A.2 and A.3, which are prior to the present acquisition of the lands and the Court below ought to have awarded the compensation at Rs.16,000/- per acre. We have perused the judgment and oral and documentary evidence. The claimant No.1, who is examined as PW.1 in his deposition stated that claimants 2 to 4 are his brothers and they are pattedars of the acquired lands in Sy.Nos.14 and 349/E, which are acquired for the purpose of house- sites and they have claimed the compensation at Rs.60,000/- per acre for the dry lands and Rs.80,000/- per acre for the wet lands, but the Land Acquisition Officer awarded the compensation at Rs.2,000/- per acre for the dry lands and Rs.4,500/- per acre for the wet lands. It is stated that there is approach road to the National High Way No.7. It is stated that under Ex.A.2, the claimants themselves sold an extent of Ac.0-10 guntas in Sy.No.350/E for Rs.4,000/- on 20-8-1984, which is abutting the acquired lands in Sy.No.349/E, which comes to Rs.40,000/- per acre. PW.2, who is the purchaser of Ac.0-10 guntas stated in his deposition that in fact he has purchased Ac.0-10 guntas for Rs.12,000/-, but the original document shows that Ac.0-10 guntas was sold for Rs.4,000/-. We have perused Exs.A.2 and A.3, which are prior to the present notification. Ex.A.2 is sale deed dated 26-6-1984 and Ex.A.3 is dated 20-08-1984 under which Ac.0-10 guntas were sold at Rs.4,000/- which comes to Rs.40,000/- per acre. Similarly, under Ex.A.2, Ac.0-10 guntas were sold for Rs.4,000/-, which comes to Rs.40,000/- per acre. In fact, the Land Acquisition Officer, who was examined as RW.1 in his deposition, stated that the sale samples were taken from the Sub-Registrar’s office. In the cross-examination, he admitted that there are references in Ex.B.1 award where the sale transactions were held for Rs.24,000/- per acre. Having regard to the facts and circumstances, though we are of the opinion that the appellants/claimants are entitled to Rs.24,000/- per acre, they have restricted their claim at Rs.16,000/- per acre. Therefore, the appellants/claimants are entitled for the claimed compensation of Rs.16,000/- per acre inasmuch as admittedly they themselves sold the land much prior to the present notification at Rs.40,000/- per acre. Accordingly, the appeal is allowed and the compensation is enhanced to Rs.16,000/- per acre as claimed by the appellants/claimants. The appellants/claimants are entitled all other statutory benefits on the enhanced compensation. 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.1462 of 1998 DT.24-11-2011 GRK