IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD TUESDAY, THE THIRTIETH DAY OF MARCH, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1761 OF 1999 Between: Sri Pancha Pattabhi Rama Swamy Vari Temple Vuyyuru, Rep. By its Executive Officer. … Appellant And: The State of A.P., rep. by its Revenue Divisional Officer And Land Acquisition Officer, Nuzivid, Krishna District and another. … Respondents HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1761 of 1999 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal, under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”), by the claimant, seeking enhancement of the compensation, is directed against the judgment and decree dated 23-07-1998 passed by the Senior Civil Judge, Gudivada in O.P.No.32 of 1988. 2. An extent of Ac.2-27 gts of land and another extent of Ac.0-04 gts of land, total Ac.2-31 cents of land, belonging to the appellant in R.S.Nos.632/2 and 633/1B of Vuyyuru village, which was in possession of the 2nd respondent under lease, was acquired by the Government for establishment of industrial estate. The notification under Section 4(1) of the Act was published in A.P. Gazette on 26-07-1979. The Land Acquisition officer, after following necessary formalities, passed the award on 22-09-1986 in Award No.4 of 1986 fixing the market value of the acquired land at Rs.1,28,500/- per acre. When the claimants sought for reference of the matter for enhancement of the compensation, the matter was referred to the Civil Court under Section 18 of the Act. The claimant filed a claim statement on receipt of notices from the Civil Court claiming higher compensation of Rs.11 lakhs per acre. 3. In order to prove the market value of the acquired land, P.Ws.1 to 5 were examined and Exs.A-1 to A-5 were marked on behalf of the claimant. On behalf of the Referring Officer, R.Ws.1 to 6 were examined and Exs.B-1 to B-8 were marked. 4. The Reference Court, after taking into consideration Ex.B-5 where an extent of Ac.0-04 cents of land was sold at Rs.6,850/-, which works out to Rs.1,71,250/- per acre as comparable sale fixed the market value of the acquired at Rs.1,71,250/- per acre. Hence, the present appeal by the claimant seeking further enhancement. 5. Sri C.S.K.V.Ramanamurthy, learned counsel for the appellant, strenuously contends that under Ex.A-2 an extent of 132 sq.yards of land was sold at Rs.16,000/- on 19-08-1976, which works out to Rs.5,86,648/- per acre, but the same was discarded by the lower Court on the ground that the son of the vendor who was examined as P.W.2 stated that the sale consideration was not to his knowledge. Ex.A-3 is dated 20-12-1979 which is five months after the present notification and under the said exhibit an extent of 181 sq.yards of land was sold at Rs.2,70,000/- per acre. Similarly, under Exs.A-4 and A-5 the lands to an extent of Ac.153 sq.yards and 158 sq.yards were sold at Rs.2,68,000/- per acre and Rs.2,03,683/- per acre respectively in the years 1978 and 1976, but the same was also discarded by the Reference Court on the ground that no one connected with the said sale deeds were examined. In view of insertion of Section 51-A of the Act, by Act 68/1984, the value reflected in the sale deeds can be taken into consideration unless the presumption is rebutted by leading any evidence. The learned counsel for the appellant further submits that compensation has to be suitably enhanced keeping in view the sale consideration reflected in the above sale deeds. 6. The learned Government Pleader for Appeals contends that the sale deeds under Ex.A-2, A-4 and A-5 are covered by small extents of 132, 153 and 158 sq.yards of land respectively and even if the same are taken into consideration, 1/3rd of the area has to be deducted towards developmental charges. In view of the same, the compensation determined by the Court below does not call for any interference. 7. The learned counsel for the second respondent while adopting the same contends that the land was used only for parking by the carts, which transport sugarcane to the KCP sugar factory. Therefore, it would not have much commercial value and, in fact, the 2nd respondent should have filed an appeal against disallowing of deductions. In view of the same, no further enhancement is required. 8. Under Ex.A-2 sale deed an extent of 132 sq. yards was sold by the father of P.W.2 at the rate of Rs.16,000/- per acre which works out to Rs.5,86,648/- per acre and similarly under Exs.A-3, A-4 and A-5 an extent of 181 sq. yards was sold on 20-12-1979; 153 sq. yards was sold on 14-12-1978 and 158 sq. yards was sold on 11-08-1976 respectively and the market value of which works out to 2,70,000/- Rs.2,68,000/- and Rs.2,03,683/- per acre respectively. 9. In CEMENT CORPORATION OF INDIA LTD., v. PURYA AND OTHERS[1], the Apex Court held that the sale transaction reflected in the sale deeds can be relied on without examining the vendor or vendee. 10. In the instant case, Exs.A2, A-4 and A-5 sale deeds are three, one and three years respectively prior to issuance of notification. 11. After necessary 10% escalation is allowed, the same works out to Rs.2,84,000/- and Rs.2,40,000/- per acre respectively. Ex.A-3 is the post notification sale deed which was executed five months after the issuance of notification, the transaction of which reflects the market value at Rs.2,70,000/- per acre. Under Ex.B-5 is sale transaction which is on the same survey number and is the subject matter of acquisition where an extent of Ac.0- 04 cents of land was sold at Rs.1,71,250/- per acre, but whereas the lands covered under Exs.A-2, A-4 and A-5 sale deeds are on the other side of the road and away from the acquired land. 12. It is now fairly well settled that when the sale transaction of the same survey number is available, the same can be applied to the rest of the land. 13. Therefore, the Land Acquisition Officer as well as the Court below had rightly taken into consideration the same as a comparable sale for fixation of the market value while disallowing the deduction. Admittedly, the 2nd respondent is in possession of the land as lessee and he was using the same for parking the carts and advantageous, as no land is available within the vicinity for the purpose of parking. Moreover, the said land fetches more value if the vendor offers to sell the same, having regard to the convenience and non-availability of other land for his benefit and enjoyment and the entire land was used by the 2nd respondent for commercial purpose and the Court below disallowed the deductions of 1/4th as deducted by the Land Acquisition Officer and the same has become final since no appeal has been preferred by the 2nd respondent. When the sale transaction under Ex.B-5, which is two years prior to issuance of notification, is taken and if 10% escalation is added, it works out to Rs.34,250/- and it comes to Rs.2,05,500/- per acre. 14. Having regard to the said circumstances and taking into consideration of the same, we fix the market value of the acquired land at Rs.2 lakhs per acre. The claimants are entitled to 12% additional market value from the date of issuance of notification i.e., 26-07-1979 till the date of passing of the award i.e., 22-09-1986 and interest at 9% per annum for a period of one year, on the enhanced compensation, from the date of notification i.e., 26-07-1979 and thereafter at 15% per annum till payment. 15. Accordingly, the appeal is allowed-in-part as stated above. There shall be no order as to costs. _________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J Dated 30th March, 2010 Lrkm. [1] (2004) 8 SCC 270