HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.2860 OF 1999 Dt.14.9.2010 Between: The Land Acquisition Officer & R.D.O., Anantapur ..Appellant And Guruva Pamanna ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.2860 OF 1999 JUDGMENT: (Per Sri Justice V.Eswaraiah) Heard. This appeal is directed against the order in O.P.No.17 of 1986 on the file of the Subordinate Judge, Gooty, dated 30.8.1996. The appellant herein is the Land Acquisition Officer, Anantapur and the respondent is the claimant. The land of the claimant to an extent of Ac.13.00 cents in Sy.No.317 situate at Guntakal Village and Mandal, Anantapur District, was acquired for summer storage tank pursuant to the draft notification issued under Section 4(1) of the Land Acquisition Act (for short, the Act) published on 20.5.1982 and the award No.2 of 1985 was passed on 31.5.1985 fixing the compensation at the rate of Rs.6,000/- per acre. On reference being made at the instance of the claimant, the Reference Court enhanced the compensation from Rs.6,000/- to Rs.10,000/- per acre. Aggrieved by the same, this appeal is filed contending that the Reference Court erred in enhancing the compensation by relying on Exs.A2 and A-3 sale deeds. On behalf of the Referring Officer, the Referring Officer himself was examined as P.W.1 and P.W.2, Commissioner was examined and Ex.A-1 combined sketch plan showing the summer storage tank, Ex.A-2 registered sale deed in respect of Ac.2.16 cents sold for a sum of Rs.8,000/- in March, 1979 i.e., three years prior to 4(1) notification, Ex.A-3 another sale deed in respect of Ac.2.18 cents sold for a sum of Rs.8,000/- in August, 1981 and Ex.A-4 award No.2 of 1985 dated 31.5.1985 were marked. On behalf of the claimant, the claimant himself was examined as R.W.1 and R.Ws.2 and 3 were examined to prove potential value of the acquired land and Ex.B-1 copy of the award No.12 of 1964, dated 21.10.1964 and Ex.B-2 copy of the registered sale deed dated 21.2.1985 for Rs.32,000/- in respect of Ac.0.40 cents. Exs.C- 1 to C-3 were also marked. It is the case of the claimant that the land acquired is very nearer to Alur – Guntakal road and about 100 yards from Electricity Sub Station. The Guntakal branch canal passes adjacent to the acquired land. The land in question is situated in the outskirts of Guntakal town very near to the residential localities. The Guntakal town is a growing town and a major Municipality. There is acute shortage of housing accommodation. There are no sites for housing purposes in the town. All the vacant lands including agricultural lands lying near Guntakal town in the outskirts were already converted into house plots. The Municipality has purchased Ac.4.00 cents of land for the purpose of park and adjacent to the same, house plots have been located in three acres of land. The said plots were sold at the rate of Rs.60/- per square yard. The valuation of the land near the acquired land for the purpose of registration, the Government fixed at the rate of Rs.31/- per sq.yard. It is stated that the award do not disclose any basis for fixing the compensation at the rate of Rs.6,000/- by the Land Acquisition Officer. In so far as Exs.A-2 and A-3 are concerned, no doubt they are registered sale transactions showing the sale price at Rs.8,000/- per two acres and odd i.e., less than Rs.4,000/- per acre. But, they are in different survey numbers. There is no evidence about the location and exact proximity of the said land covered by Exs.A-2 and A-3. But, it is the case of the claimant that the acquired land is abutting to Alur – Guntakal road and the land has got potentiality to convert the same into house sites. In so far as Ex.B-1 award is concerned, the compensation was fixed for Ac.14.25 cents at the rate of Rs.14,500/-. The land covered by Ex.B-1 award is also situated at Guntakal – Alur road. P.W.1 further stated that the Housing Board acquired land as per Award No.6 of 1984 for the purpose of construction of houses and compensation was awarded at the rate of Rs.25,000/- and Rs.30,000/- per acre by the Housing Board. It is not in dispute that as against Ex.B-1 award No.12 of 1964 the railway authorities have acquired lands at Rs.14,500/- per acre and the Housing Board also paid compensation at the rate of Rs.20,000/- to Rs.30,000/- per acre. Therefore, it cannot be said that the enhancement of compensation by the Reference Court from Rs.6,000/- to Rs.10,000/- is excessive or without any basis. In view of the same, we do not see any merit in the appeal. The appeal is accordingly dismissed. No order as to costs. _________________ V.ESWARAIAH, J. _________________ NOUSHAD ALI, J. 14.9.2010 kpr