IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD TUESDAY, THE TWENTY SEVENTH [27TH] DAY OF APRIL, TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE A.GOPAL REDDY & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos. 2621, 2211, 2217, 2218, 2328 & 2352 of 2000 AS No.2621 of 2000: Between: The Mandal Revenue Officer, Amaravathi. … Appellant And: Nannapaneni Krishna Rao … Respondent AS No.2211 of 2000: Between: The Mandal Revenue Officer, Amaravathi. … Appellant And: Thurakapalli Venkateswarlu … Respondent AS No.2217 of 2000: Between: The Mandal Revenue Officer, Amaravathi. … Appellant And: Balujupati Anjaneyulu … Respondent AS No.2218 of 2000: Between: The Mandal Revenue Officer, Amaravathi. … Appellant And: Thurakapalli Ramakotayya … Respondent AS No.2328 of 2000: Between: The Mandal Revenue Officer, Amaravathi. … Appellant And: Thurakapalli Guravayya … Respondent AS No.2352 of 2000: Between: The Mandal Revenue Officer, Amaravathi. … Appellant And: Mallavarapu Sowrayya … Respondent HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.2621, 2211, 2217, 2218, 2328 and 2352 of 2000 COMMON JUDGMENT: [Per AGR, J] This batch of appeals, preferred by the Mandal Revenue Officer, Amaravathi, against the common order passed in LAOP Nos.640 to 645 of 1987 by the Additional Senior Civil Judge, Narasaraopet, are heard together and disposed of by this common judgment. 2. The draft notification under Section 4(1) and draft declaration under Section 6 of the Land Acquisition Act (for short ‘the Act’), acquiring an extent of Ac.3.98 cents of land in Sy.Nos.234/c and 235/1 of Attalur village for providing house sites to the backward classes and economically backward classes of the same village, was published in the District Gazette on 30.11.1984 and 24.12.1984 respectively. The Land Acquisition Officer, after complying the due formalities, passed an award on 20.09.1986, fixing the market value for the acquired lands at Rs.7,408/- per acre, together with all statutory benefits. The claimants, having received the amount under protest, sought for reference of the matter to the civil Court under Section 18 of the Act and on reference being made, the claimants appeared and filed respective claim statements, claiming compensation at Rs.50,000/- per acre. Since all the references were made in respect of the same award, the reference Court clubbed all the OPs and common evidence was let in. 3. The claimant in OP No.641 of 1987 was examined as CW.1, claimant in OP No.644 of 1987 was examined as CW.2, one Bondalapati Sambasivarao, who sold an extent of Ac.0-12 cents of land near the acquired land to one B. Kotaiah and Ac.0.18 cents of land to one Chinthapalli Masthan was examined as CW.3 and one Kuchipudi Punnaiah, who purchased an extent of Ac.0-13 cents of site near the acquired land was examined as CW.4, apart from marking Exs.A.1 to A.4. On behalf of the Referring Officer, one witness was examined as RW.1 and Exs.B.1 to B.19 were marked. 4. The evidence adduced by the claimants goes to show that CW.3 sold an extent of Ac.0-12 cents of land to one B.Kotaiah at Rs.50,000/- per acre and the certified copy of the sale transaction was marked as Ex.A.3. Under Ex.A.2 certified copy of the sale deed, one P.Koteswara Rao sold an extent of Ac.0-13 cents of site in favour of CW.4 for Rs.6,300/-, which works out to Rs.48,460/- per acre. The claimant in OP No.641 of 1987, apart from examining himself as CW.1, also examined the vendor under Exs.A-1 and A.3 as C.W.3. The same would clearly disclose that the land was sold at the rate of Rs.48,000/- to Rs.50,000/- per acre prior to the acquisition of the properties. The reference Court, after deducting 50% from the gross market value towards amenities, fixed the market value at Rs.25,000/- per acre. Since the value of the land sold is 1/10th to 1/8th of the acre, the same can be taken as comparable sale after giving necessary deductions. 5. Further, we have noticed that the appeals i.e., AS Nos.2621, 2211, 2217, 2218 and 2328 of 2000, are valued at Rs.8620/-, Rs.10,555,20, Rs.8,620.10, Rs.10,554.60 and Rs.10,555.20 respectively, which is less than Rs.15,000/- and the value of the appeal in AS No.2352 of 2000 is Rs.22,165.92. Since all the claimants are landless poor persons and are deprived of their livelihood, the fixation of the market value by the reference Court at Rs.25,000/- per acre, is a reasonable compensation, for which the claimants are entitled to. 6. In the circumstances, we see no merits in the above appeals and they are accordingly dismissed. No order as to costs. _________________ A.GOPAL REDDY, J ___________________ G.V.SEETHAPATHY, J Date: 27.04.2010 Bss/Lrkm