IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTIETH NINETH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No. 1698 OF 2001 Between: The Land Acquisition Officer, Assistant Collector, Jagtial, Karimnagar District Appellant AND Mangali Anjaiah and others Respondents The Court made the following : JUDGMENT: (per THE HON’BLE SRI JUSTICE V.ESWARAIAH) Heard both the counsel. This appeal at the instance of the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short the Act) is preferred questioning the orders and decrees dated 23.01.2001 passed by the learned Senior Civil Judge, Jagtial, Karimnagar District in O.P. No.23 of 1992. The lands of the claimants to an extent of Ac.9.11¼ guntas in various survey numbers situated at Chilvakodur village of Gollapalli Mandal, Karimnagar District was acquired for the purpose of formation of Command Area Development Road pursuant to the notification issued under Sec. 4(1) of the Land Acquisition Act dated 26.6.1989 and the Award under Ex.B-1 was passed on 16.8.1991 fixing the market value of the acquired wet lands at Rs.11,900/- per acre. At the request of the claimants, the matter was referred under Sec.18 of the Act and the Reference Court based on the oral and documentary evidence, by the order impugned, enhanced the market value of the acquired land to Rs.25,000/- per acre. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. On behalf of the claimants PWs 1 to 8 were examined and Exs. A-1 to A-3 were marked. On behalf of the Referring Officer, RW-1 was examined and Ex. B-1 Award proceeding apart from Exs. B2 to B-11 are marked. Ex.A-1 registered sale deed dated 8.1.1987 shows that land to an extent of Ac.0.03 guntas was sold at Rs.4,400/- which works out to Rs.58,666/- per acre while under Ex.A-2 dated 19.5.1987, an extent of Ac.0.07 guntas was sold at Rs.12,000/- which works out to Rs.73,142/- per acre. Under Ex.A-3 dated 13.7.1987 an extent of Ac.0.17 guntas of land was sold for Rs.7,700/-, which works out to Rs.18,117/-. The court below took the average of Exs. A-1 to A-3 and reduced the same by 50% and arrived at the market value of the acquired land at Rs.25,000/- per acre. Learned Government Pleader submits that Exs. A-1 and A-2 are small extents of land and, therefore, the court below ought not to have taken these documents into consideration whereas, Sri V.Ravinder Rao, learned counsel appearing for the claimants submits that, infact, the Land Acquisition Officer himself has considered small extents of the lands while passing the Ex.B-1 award and, therefore, the claimants have filed various documents relating to small extents of land. In the instant case, there are as many as 26 claimants whose small extents ranging from Ac.0.03 guntas to Ac.0.24 guntas totaling to Ac.9.11¼ guntas was acquired. Even if we discard Exs. A-1 and A-2, it cannot be said that Ex.A-3 under which an extent of Ac.0.17 guntas of land was sold at the rate of Rs.7,700/- which works out to Rs.18,117/- per acre is not relevant for the purpose of fixation of reasonable market value. As stated earlier, under Ex.A-3, the value of the land per acre works out to Rs.18,117/- and after giving escalation for two years at 10% per annum, being prior to the date of notification under Sec.4(1) of the Act, the market value of the land per acre comes to Rs.21,000/- per acre. As smaller extents of lands ranging from Ac.0.03 guntas to Ac.0.24 guntas, of the claimants were acquired, it cannot be said that the sale transactions of smaller extents are not relevant. Therefore, we are of the opinion that the fixation of the market value at the rate of Rs.25,000/- per acre cannot be said to be excessive or exorbitant. The market value fixed by the Reference Court is, therefore, just and reasonable and does not call for any interference. Consequently, the appeal fails and is accordingly dismissed. No order as to costs. ________________ Justice V.Eswaraiah __________________ Justice K.S. Appa Rao December 20, 2011 MAS