THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE K.S. APPA RAO A.S.NO. 2375 of 1998 JUDGMENT: (Per N.V. Ramana, J) This appeal is filed against the award passed by the learned Additional Subordinate Judge, Kurnool in O.P.No. 853 of 1987, dated 16.9.1994. Facts in brief are that: The Mandal Revenue Officer-cum-Land Acquisition Officer, Kallur acquired Ac.2-54 cents of land comprised in S.Nos. 326/A2 an extent of Ac.1-01 cent and Sy.No. 326/B1 an extent of Ac.1-53 cents of Pedda Kottala village, hamlet of Lakshmipuram for providing house sites to S.Cs., B.Cs., and E.B.Cs., by fixing the market value at the rate of Rs. 7,500/- per acre. The acquired land belonged to the claimant. The claimant having received the compensation under protest, requested the Land Acquisition Officer to refer the matter to Civil Court. The claimant on receipt of the notice from the lower Court filed claim statement stating that the compensation amount fixed by the Land Acquisition Officer for the acquired land is very low and the same is not according to the provisions of Land Acquisition Act. The Land Acquisition Officer fixed the compensation without any basis and the reasonable rate of the acquired land is Rs.1,50,000/- per acre. The Land Acquisition Officer did not even take the value of the lands mentioned in the referred sales into consideration while fixing the compensation for the acquired land without assigning any valid reason. The acquired land is useful for house sites and each acre costs Rs.1,50,000/- even on the date of 4(1) notification. Hence, the claimant sought for enhancement of compensation to Rs. 1,50,000/- per acre. On receipt of the reference under section 18 of the Act and on consideration of the entire evidence adduced before it by either parities, both oral and documentary, the trial court fixed the compensation at the rate of Rs.22,500/- per acre. For arriving at the above conclusion, the trial court has taken into consideration the sales that took place during the relevant period covered by Exs B-1 to B-3. An extent of Ac.0.05 cents was sold under Ex B-1; an extent of Ac.0.12 cents was sold under Ex B-3 and house site measuring 64 ½ feets x 11 ½ feets was sold under Ex B-2. If the consideration mentioned in Ex.B-2 is taken into consideration, the rate of each acre would be between Rs. 60,000/- and Rs. 70,000/-. Thus in average under the above documents, the market value of subject land comes to Rs.60,000/- to 70,000/-. The transaction under Ex B-3 is subsequent to the notification issued under section 4 (1) of the Act. There is possibility of showing escalated prices in the document and as such it need not be taken into consideration. The court below has taken into consideration the evidence of RW-6, who got Ac.0.26 cents in Sy.No.327 for which market value is shown as Rs.7,500/-. Taking into consideration the fact that the land sold is in close proximity to the lands acquired and its potentiality for house sites in the near future and also the fact of Ac.0.05 was gifted under Ex B-4, whose value would be between Rs.25,000/- – Rs.1,15,000/- and by taking into consideration the above facts and circumstances of the case, the trial court come to the conclusion that the market value of the land in question would be between Rs.25,000/- – Rs.30,000/-. The trial Court taking into consideration, the other sale transactions referred to in the Award (Ex.A-4) held that the value of the lands acquired would not be less than Rs. 30,000/- per acre. Out of that, if 25% of the area is deducted for development purpose, the value would be between Rs. 22,000/- and Rs. 23,000/-. Thus, ultimately the trial court fixed the market value of the land @ Rs. 22,500/- per acre as on the date of notification under Section 4(1) of the Act. The market value fixed by the Court below is just and reasonable for the lands acquired during the year 1985. Under these circumstances, we are of the considered view that it does not call for any interference at our hands. Accordingly the appeal is dismissed without costs. ___________________ N.V. RAMANA, J ___________________ K.S. APPA RAO, J 7.6.2011 CHV