THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE RAJA ELANGO A.S.No.2223 of 20001 Date of Judgment: 02-06-2010 Between: The Land Acquisition Officer (Revenue Divisional Officer) Nizambad. ..Appellant and Mungi Gangaram (died per L.Rs.) and others ..Respondents The Court made the following Judgment: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE RAJA ELANGO A.S.No.2223 of 2001 Oral Judgment: (Per Hon’ble Sri Justice A.Gopal Reddy) The Land Acquisition Officer, Nizamabad filed this appeal challenging the order and decree of the Additional District Judge, Nizamabad in O.P.No.337 of 1999, dated 22-03-2001 whereby the reference under Section 18 of the Land Acquisition Act, 1898 (for short “the Act”) was answered in favour of the claimants enhancing the compensation for the acquired land at Rs.24,000/- per acre as against Rs.10,000/- per acre awarded by the Land Acquisition Officer (LAO). On the requisition sent by the Executive Engineer, I.D.I.B. Division, Nizamabad, for acquisition of land situated at Choutpalli village, Kammarpalli Mandal for the purpose of construction of reservoir across Rathodu vagu, Choutpalli, an extent of Ac.111.38 gts. of land belonging to the claimants was acquired by issuing notification under Section 4(1) of the Act and the same was published in the A.P.Gazette on 14-09-1992 vide Telugu newspapers—Eenadu dated 27-09-1992 and Poddu dated 16-10-1992. The declaration under Section 6 of the Act was published in Telugu newspapers—Poddu and Andhra Jyothi on 17-06-1993 and 23-07-1993 respectively. It is also brought in evidence that an extent of Ac.6.14 gts. of land has been taken possession on 23-03-1988 and the remaining Ac.105.14 gts. of land was taken on 30-8-1990. The LAO after complying due formalities passed the award on 17-01-1994 fixing the market value of the acquired land at Rs.10,000/- per acre. The claimants not satisfied with the quantum of compensation fixed by the LAO sought for reference of the matter to the civil court under Section 18 of the Act. On such reference being made and on receipt of notices, the claimants filed necessary claim statements claiming compensation at Rs.1,00,000/- per acre. The Administrative Officer, attached to the office of RDO was examined as P.W.1 and award copy was marked as Ex.A1. To discharge the burden rest on the claimants, R.Ws.1 to 3 were examined and certified copy of order in O.P.No.69 of 1991 and certified copy of the sale deed were marked as Exs.B1 and B2 respectively. P.W.1 admitted in the cross-examination that he has no personal knowledge about the fertility of the land, as he has not worked as Administrative Officer at the relevant point of time. Claimant No.16, who was examined as R.W.1, deposed that the lands under reference are red soil lands; the claimants are used to raise Maize, Turmeric, Gingili, paddy and other commercial crops and used to get a net income of Rs.20,000/- to 22,000/- per year on two crops which were irrigated through bore-wells existing, 16 to 18 in number, in the acquired land apart from drawing water from vagu; there is a black top road in between Kammarpalli and their village; there is another black top road from their village leading to Metpally, Bheemgal and Morthad; 10 to 20 buses are plying daily from their village to different villages; there are two schools, one for boys and another for girls; the High Schools are existing since 40 years and State Bank of Hyderabad branch was in existence for the last 35 years; there are veterinary and maternity hospitals in the village. He admitted that there are no registered sale deeds to show that value of the land was Rs.1,00,000/- per acre during the award enquiry or before the same, but admitted the distance between Kammarpalli and their village is 5 K.Ms. R.W.2, who is the resident of Morthad village, stated that in the year 1988, the Government acquired his land along with others for the purpose of construction of Ayacut on Mondi vagu. The LAO after usual enquiry fixed the market of the acquired land at Rs.8,000/- to 10,000/- per acre. On reference being made in O.P.No.69 of 1991 the civil court enhanced it to Rs.29,000/- per acre. He also stated that the lands of Choutpalli village and the lands covered under O.P.No.69 of 1991 are situated at a distance of 3 to 4 K.Ms. and he is claimant No.1 in the said O.P., which is marked as Ex.B1. R.W.3, who is the resident of Ashakootur village, deposed that he purchased Ac.0.36 gts. of land from one Pratap Reddy for a consideration of Rs.1,30,000/-, but obtained sale deed for Rs.46,000/-. The lands under reference are more fertile than the land purchased by him under Ex.B2, sale deed. It is now fairly well settled that when the sale deeds of the same village are not available, the sale deeds of the neighbouring village can be taken as comparable sale, if fertility of the lands covered by the said sale deeds and the lands under acquisition are similar in nature. In the award enquiry, the LAO collected 34 sale transactions of Choutpalli, Basheereabad, Ameernagar and Hasakothur villages for determining the market value of the acquired land, which itself shows that no sale transaction was recorded during the period when the acquisition was made. Even as per Ex.B2—sale deed the land value is Rs.46,000/- per acre. The evidence of R.W.3 is not shattered that he purchased the land 10 to 15 years prior to the date of acquisition. His evidence further discloses that the acquired lands are more fertile than the lands covered by Ex.B2—sale deed. The evidence of R.W.1, claimant No.16, also discloses that lands under acquisition are red soil lands and the claimants are used to raise commercial crops like Maize, Turmeric, Gingili and Paddy in the acquired lands by drawing water from vagu and bore-wells which also establishes that the lands under acquisition are fertile lands. If we take conservatively Rs.3,000/- as net income per year, by multiplying 10, the market value comes to Rs.30,000/- per acre, whereas the lower court fixed the market value of the acquired land at Rs.24,000/- per acre which is a reasonable compensation which the claimants are entitled to. Further, we have noticed that the appeal against respondents 1, 2, 12, 21, 22, 24, 25 and 29 has been dismissed for default, as the appellant failed to take out notice to them by furnishing correct address. In effect, the award fixing the compensation at Rs.24,000/- per acre for the land owned by them has become final. In view of the same, we have no option except to confirm the market value fixed by the lower court at Rs.24,000/- per acre. No other points are argued by the learned Government Pleader. The appeal is accordingly dismissed. No costs. ________________ A.GOPAL REDDY, J. _____________ RAJA ELANGO,J. 02-06-2010 Murthy