IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD THURSDAY, THE FIFTEENTH DAY OF APRIL, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.2663, 2664 & 2662 OF 1999 A.S.No.2663 of 1999 Between: The Land Acquisition Officer, Mandal Revenue Officer, Vamsoor, Khammam District. … Appellant And: Meda Ramaiah … Respondent A.S.No.2664 of 1999 Between: The Land Acquisition Officer, Mandal Revenue Officer, Vamsoor, Khammam District. … Appellant And: Meda Satyanarayana … Respondent A N D A.S.No.2662 of 1999 Between: The Land Acquisition Officer, Mandal Revenue Officer, Vamsoor, Khammam District. … Appellant And: Meda Suryanarayana … Respondent HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.2663, 2664 & 2662 OF 1999 COMMON JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) These three appeals, under Section 54 of the Land Acquisition Act 1894 (for short ‘the Act’), by the Land Acquisition Officer-cum-Mandal Revenue Officer, Vemsoor, Khammam District, are directed against the common order dated 07-08-1999 passed by the Senior Civil Judge, Sathupally in O.P.Nos.17, 18 and 19 of 1991 respectively, arising out of the very same award of the Land Acquisition Officer. Hence, these appeals are heard together and are being disposed of by this common judgment. 2. An extent of 0-26 gts in Sy.No.381/2 and an extent of 0-21 gts in Sy.No.382/3 belonging to the claimant in O.P.No.17 of 1991, an extent of Ac.0-22 gts in Sy.No.382/2 belonging to the claimant in O.P.No.18 of 1991 and an extent of Ac.0-34 gts in Sy.No.299/2 belonging to the claimant in O.P.No.19 of 199, all situate at Bharanipadu village was acquired by the Government for the purpose of providing house sites to backward classes of Bharanipadu village. A draft notification under Section 4(1) of the Act was published in the Khammam District Gazette on 28-09-1987, followed by publication in the newspapers on 19-10-1987. Possession of the lands was taken on 19-01-1988. The Land Acquisition Officer, after complying the due formalities, passed the award on 19-01-1988 fixing the market value of the acquired lands at Rs.3,500/- per acre. Dissatisfied with the fixation of the market value, the claimants sought for reference to the Civil Court under Section 18 of the Land Acquisition Act. Accordingly, the matters were referred to the Civil Court for due determination of the compensation. The claimants, who appeared pursuant to receiving of notices, filed claim statement seeking compensation of Rs.50/- per square yard. 3. To prove the market value of the acquired lands, the claimant in O.P.No.17 of 1991 was examined as P.W.1 and another witness, who is claimant in O.P.No.512 of 1989, was examined as P.W.2 and Ex.A-1 was marked. On behalf of the Referring Officer, R.W.1 was examined and Ex.B-1 was marked. 4. P.W.1 deposed that the acquired lands are situate in the middle of the village surrounded by dwelling houses and that the said lands are fit for house sites and they are provided with irrigation facility through well. P.W.1 further deposed that he was raising tobacco, chilly and other commercial crops and getting a net income of Rs.4,000/- to Rs.5,000/- per annum. Further, there is a hospital and cinema hall, besides good educational facility in the village. For similarly situated lands acquired for the purpose of digging canal, the Civil Court fixed the market value at Rs.18,000/- per acre as against Rs.3,000/- awarded by the Land Acquisition Officer. 5. P.W.2, who is claimant in O.P.No.512 of 1989, deposed that he was granted compensation at Rs.18,000/- per acre as against Rs.3,000/- per acre awarded by the Land Acquisition Officer. 6. Ex.A-1 is the order passed in O.P.No.512 of 1989, on the file of the Sub-Court, Sathupally. In the said O.P., the Land Acquisition Officer awarded compensation of Rs.3,000/- per acre and on reference, the Civil Court enhanced the same to Rs.18,000/- per acre basing upon the sale transaction that took place on 13-02-1985 where an extent of Ac.0-20 gts of land was sold at Rs.10,000/-, which works out Rs.20,000/- per acre. 7. R.W.1, the Revenue Divisional Officer, deposed that his predecessor had awarded proper market value. 8. In the absence of any contra evidence adduced and that the market value fixed by the Civil Court in O.P.No.512 of 1989 has not attained finality or that the compensation has been reduced on the Land Acquisition Officer filing an appeal, the same can be taken as a comparable market value for fixation of market value of the acquired lands, since both the lands are situate within the same village. Further, the said sale transaction on which compensation was fixed at Rs.18,000/- was dated 13-02-1985 and whereas the present notification is more than two years after the same. Even if 20% escalation is given to the said market value, the same works out to Rs.24,000/- per acre. But the reference Court after considering the previous award passed in O.P.No.512 of 1989 fixed the market value at Rs.18,000/- which is the market value adopted for acquisition of an extent of Ac.1- 06 gts of land in Sy.No.355/2 of the same village for the purpose of digging a canal. Admittedly, the present acquisition of land, which is in the midst of the village and where dwelling houses have already come up, is for the purpose of providing house sites and the said lands are more beneficial and fetch higher compensation. 9. In view of the same, we do not find any merit in the appeals filed by the Land Acquisition Officer and they are liable to be dismissed and are accordingly dismissed. It is made clear that the claimants are not only entitled to interest on the enhanced compensation but also solatium and additional market value which was denied by the Civil Court. There shall be no order as to costs. _________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J Dated 15th April 2010. Lrkm.