THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR A.S. No. 2571 of 2000 Dated: 18.08.2009 Between: P. Thirupathaiah and others. .. Appellants And The Land Acquisition Officer/Mandal Revenue Officer, Tadoor Mandal, Mahaboobnagar District. .. Respondent THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR A.S. No. 2571 of 2000 Judgment: (per Hon’ble Sri Justice B. Chandra Kumar) This appeal is directed against the order dated 30.11.1999 passed in O.P. No. 55 of 1992 by the Senior Civil Judge at Nagarkurnool, seeking enhancement of compensation. The brief facts of the case are as follows. An extent of Ac.2-20 gts., out of Survey Nos.287, 298/A and 298/AA, situated at Yadireddipally village were acquired for the purpose of removing congestion and unhygienic conditions prevailing in Harijanwada at Yadireddipally village. A draft notification under Section 4(1) of the Land Acquisition Act (for short ‘the Act’) was published in the district gazette on 23.02.1976. The Land Acquisition Officer, after following the usual procedure and after collecting sales statistics from 1973 to 1975, fixed the market value of the acquired land at Rs.2500/- per acre. The claimants, who were not satisfied with the said compensation, sought a reference under Section 18 of the Act. Accordingly, the matter was referred to the reference Court i.e., the Court of the Senior Civil Judge at Nagarkurnool. The claimants filed their claim statements claiming compensation at Rs.20,000/- per acre. In order to prove the market value of the acquired land, PWs.1 and 2 were examined and the certified copy of the order in O.P. No.6 of 1988, dated 28.09.1989, was marked as Ex.A1 on behalf of the claimants. On behalf of the Land Acquisition Officer, the Mandal Revenue Officer, Tadoor, was examined as RW.1 and copy of Award No.2 of 1976, dated 30.09.1992, was marked as Ex.B1. The learned Senior Civil Judge, after appreciating the oral and documentary evidence on record, came to the conclusion that the sale deed dated 08.07.1976, based on which Ex.A1 was passed, cannot be relied upon, since the said sale deed was executed after the date of issuing notification under Section 4(1) of the Act. However, taking into consideration the other circumstances, the reference Court fixed the market value of the acquired land at Rs.5,000/- per acre and also held that the claimants are entitled to 30% solatium and interest @ 6% p.a. for one year from the date of taking possession and thereafter @ 11% p.a., on the enhanced market value till payment or deposit of the amount into Court whichever is earlier. The only contention of the learned counsel for the appellants is that the reference Court ought to have accepted Ex.A1, wherein the compensation for the neighbouring lands was fixed at Rs.12,000/- per acre. On the other hand, learned Government Pleader for Appeals submitted that since the sale deed relied on in Ex.A1 is after the date of issuing 4(1) Notification, the reference Court has rightly rejected the same and in the circumstances the market rate fixed by the reference Court for the acquired lands is just and reasonable and no interference is required. The only point that arises for consideration in this appeal is whether the claimants are entitled for enhancement of compensation basing on Ex.A1. Admittedly, the draft notification under Section 4(1) of the Act was published in the district gazette on 23.02.1976. Notices under Sections 9(1), 9(3) and 10 were issued on 24.02.1976 and the same were served on the persons interested. The case of the claimants is that Yadireddipally village is well developed, having all facilities, and is very nearer to Mandal Headquarters and the lands acquired are abutting to the village and suitable for house sites. It is also their case that if the acquired land is sold for house sites, the claimants would have got Rs.10/- per sq. yard. It is also their case that the land is fertile black soil and that they used to raise commercial crops therein like cotton and chillies and used to get Rs.6,000/- per acre. The claimants have mainly relied on Ex.A1, the certified copy of order in O.P. No. 6 of 1988, dated 28.09.1989, wherein the market value of the land was fixed at Rs.12,000/- per acre by relying on a sale deed dated 08.07.1976. RW.1, the Mandal Revenue Officer admitted in his evidence that the Government had acquired the lands of Jangi Reddy and Jogi Reddy in Survey No.301/E to an extent of Ac.6-20 gts., of Yadireddypally and on a reference, the compensation was enhanced from Rs.2500/- to Rs.12,000/- in O.P. No.6 of 1989. RW.1 also admitted that the acquired lands of the claimants and the lands in O.P. No. 6 of 1989 are almost the same in its value and utility. Admittedly, the sale deed, based on which the compensation was fixed in O.P. No.6 of 1989, was dated 08.07.1976 and Section 4(1) notification in this case was issued on 23.02.1976. Therefore, it is clear that the sale deed, based on which Ex.A1 order was passed, was nearly four months after the issuance of 4(1) notification in this case. Therefore, the reference Court has rightly rejected the same. Once Ex.A1 is excluded from consideration, there is no other evidence to support the claim of the claimants. The reference Court, having regard to the facts and circumstances of the case, has rightly fixed the market value at Rs.5,000/- per acre and we do not see any reason to interfere with the same. However, since the possession of the land was taken on 01.04.1976, and though the application to refer the matter was made on 20.04.1976, as the reference was made only in July 1992 i.e., after the Act 68 of 1984 came into force, the claimants are entitled to 30% solatium and interest at 9% p.a., for a period of one year from the date of taking possession and thereafter 15% p.a. on the enhanced compensation. The appeal is partly allowed to the extent as indicated above. No costs. _______________________ A. GOPAL REDDY, J. ___________________ B. CHANDRA KUMAR, J. Date: 18.08.2009 Nsr