IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE NOUSHAD ALI A.S. No.1412 of 2000 Between: Nekkanti Uma Maheswararao ..... APPELLANT AND The Land Acquisition Officer (Revenue Divisional Officer) Narasarapur, W.G.District and another .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE NOUSHAD ALI A.S. No.1412 of 2000 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) The appellant is the claimant in L.A.O.P.No.42/1991 on the file of the Senior Civil Judge, Narsapur. Respondent No.1 is the Land Acquisition Officer and Respondent No.2 is the Agricultural Market Committee. 2. The land of the appellant/claimant of an extent of Ac.1.01 cents in Sy.No.739/3/A2 was acquired for establishing an Agricultural Market Committee pursuant to the draft notification issued under Sec.4(1) of the Land Acquisition Act (hereinafter referred to as “the Act”), published in A.P.Gazette on 05.09.1989, draft declaration was published on 19.02.1990 and the Award No.1/91 was passed on 15.02.1991 by the Land Acquisition Officer fixing the market value of the acquired land @Rs.49,000/- per acre. The total extent of the lands acquired is Ac.4.49 cents in Sy.Nos.738 and 739. The claimants received the compensation under protest and on their applications, the matters were referred under Sec.18 of the Land Acquisition Act and the Reference Court by common order dated 31.01.2000 dismissed the LAOP of the appellant along with other four LAOPs viz. LAOP Nos.39, 40, 41, 42 and 43 of 1991. Neither the Government Pleader nor the appellant is unable to furnish the information about the filing of appeals, if any, by the other four claimants. The Reference Court dismissed the O.Ps holding that the claimants are not entitled for any enhancement of compensation. Aggrieved by the same, the claimant in LAOP.No.42/1991 filed this appeal. 3. In support of their respective claims, on behalf of the claimants PWs 1 to 11 were examined and Exs.A1 to A8 were marked, and on behalf of respondents RWs 1 and 2 were examined and marked Ex.B1 extract of the sale deed dated 12.06.1988. 4. The Land Acquisition Officer considered 10 sale transactions pertaining to year 1987, five sale transactions pertaining to year 1988 and one sale transaction pertaining to year 1989 for fixing the market value of the acquired lands. In respect of the sale transaction pertaining to year 1989 was in respect of Ac.0.10 cents which was sold @Rs.1,00,000/- per acre. But the Land Acquisition Officer placed reliance on the sale transaction in respect of Ac.1.28 cents in Sy.No.777/3 which was sold @Rs.49,000/- per acre. A perusal of the award discloses that the basic value of the sale transactions for the year 1987 and 1988 was at Rs.49,000/- and the basic value per acre was increased to Rs.1,00,000/- in the year 1989. The Land Acquisition Officer placed reliance on Ex.B1 sale transaction dated 12.06.1988 in respect of Ac.1.28 cents situated in Sy.No.777/3 which was sold @Rs.49,000/- per acre, whereas the land in question was situated in Sy.No.739. 5. The appellant herein who was the claimant in LAOP.42/1991 was examined as PW 1 and stated that the total extent of the lands acquired are Ac.4.49 cents in by-numbers of Sy.Nos.738 and 739 of Achanta village and Mandal of West Godavari District and out of the said extent, the land of the appellant herein of an extent of Ac.1.01 cents was acquired for construction of the Agricultural Market Committee. The Land Acquisition Officer awarded compensation @Rs.49,000/- per acre. The population of Achanta is 25000 and it is a major Gram Panchayat, and opposite to the land in question there is a petrol bunk, and to the West of the Petrol Bunk, there are Cooperative Rice Mill and Godown. To the East of the Petrol Bunk, there is Jyothi Gas Company dealing in LPG, its show room and godowns are located. Nearby, there is a mill and saw mill and Achanta village is a commercial place. It is stated that an extent of Ac.0.39 cents situated in Sy.No.770/3 and 770/2 of Achanta village was sold for Rs.58,000/- @Rs.1,48,700/- per acre for establishing a petrol bunk from PW 4 who is one of the vendors of Ex.A1. Another extent of Ac.0.16½ cents was sold for a sum of Rs.26,000/- i.e. approximately for a sum of Rs.1,50,000/- per acre under Ex.A2 sale deed dated 21.03.1986 situated in Sy.No.729/7. Under Ex.A3 an extent of Ac.0.10 cents was sold for a sum of Rs.11,000/- situated in Sy.No.738/1 and 2 i.e. @Rs.1,10,000/- per acre by the claimants in LAOP.39/1991. The extents under Exs.A4 and A5 are small extents and therefore, no reliance can be placed on Exs.A4 and A5. Under Ex.A6 an extent of Ac.0.49 cents in Sy.No.797/1 which is situated at a distance of one kilometre to the acquired land was sold for a sum of Rs.49,000/- under Ex.A6 dated 14.06.1987 which works out to Rs.99,000/- per acre. He claimed compensation @Rs.2,00,000/- per acre. Various suggestions made on behalf of Land Acquisition Officer that there are sale transactions for the lesser price and Ex.A1 was purchased at exhorbitant rate as purchaser was in need of the road side land for installation of petrol bunk though the prevailing market value of the land was too low were denied. It is admitted that the land covered by Ex.A6 is far away from the acquired land and it is situated at a distance of one kilometre. The suggestion that the vendee purchased Ex.A6 land of an extent of Ac.0.49 cents at a higher price is denied. 6. PW 2 is the Vendor of Ex.A2 sale deed. He stated that the distance between the land covered under Ex.A2 sale deed and the acquired land is 200 yards. He also admitted about the contemplation of the Government for acquisition of the lands for establishment of Agricultural Market Committee. He denied the suggestion that the worth of the land was not at Rs.1,20,000/- per acre by the date of Ex.A2. 7. PW 4 is the purchaser of Ex.A1 sale deed dated 22.08.1988 for an extent of Ac.0.39 cents for a sum of Rs.58,000/- 8. PW 6 is the Vendor of an extent of Ac.0.49 cents under Ex.A6 sale deed dated 14.06.1987 for a sum of Rs.49,000/- which works out to Rs.99,000/- per acre. It is stated that the said land is situated at a distance of 100 yards from the road and it is half kilometre away from the acquired lands. 9. PW 7 is the purchaser of an extent of Ac.0.10 cents for a sum of Rs.11,000/- under Ex.A3 sale deed dated 24.07.1985. 10. PW 8 is one of the claimants in LAOP.39/1991 and he claimed compensation @Rs.2,00,000/- per acre, but the Land Acquisition Officer awarded compensation @Rs.49,000/- per acre. Similarly, PW 9 is the claimant in LAOP.43/1991 and PW 10 is the claimant in LAOP.40/1991. 11. PW 11 is the Village Karanam and he stated that an extent of Ac.0.30 cents in Sy.No.797/1 was sold for a sum of Rs.30,000/- under Ex.A7 sale deed dated 24.07.1987. He was the scribe of Ex.A6 sale deed. It is stated that Exs.A6 to A8 are genuine documents sold for consideration and the distance between the acquired land and the lands covered by Exs.A7 and A8 are 200 yards or less. 12. The Land Acquisition Officer examined RW 1 who is the vendor of Ex.B1 sale deed relating to the sale of Ac.1.28 cents in Sy.No.777 and Ac.0.31 cents in Sy.No.785 sold @Rs.45,000/- per acre, and the distance between the sold lands and the acquired lands is about one furlong. In the cross examination, it is stated by RW 1 that he did not remember the total consideration under Ex.B1 sale deed which was paid at his house. He admitted that the acquired lands are abutting Marteru-Koderu road and their land was at a distance of one furlong from Koderu-Marteru road and there are only two fields between the acquired land and the village. He stated that opposite to the acquired land, there are petrol bunk, Jyothi gas company, rice mill and saw mill. It is stated that the acquired land is useful for the construction of houses and whereas Ex.B1 is not fit for construction of houses. He also admitted that PW 4 purchased an extent of Ac.0.39 cents under Ex.A1 for a sum of Rs.58,000/-. He also confirms about the other sale transactions under Ex.A2. 13. RW 2 is the Mandal Revenue Officer, Achant. He stated that as per the directions of the Land Acquisition Officer-cum-Revenue Divisional Officer, he secured details of the sale transactions of the land in the vicinity of the acquired lands for three years preceding to Sec.4(1) notification which was issued on 05.09.1989. The lands acquired were paddy wet fields and the value as per the basic value register of Sub- Registrar is at Rs.49,000/- per acre. He stated that as per Ex.A1 sale, the land was sold at Rs.1,48,700/- per acre. He was also confronted about the sale transactions under Exs.A6, A7 and A8. 14. The Reference Court discarded Ex.A1 on the ground that though the land covered under Ex.A1 sale deed was opposite to the acquired land, but it relates to an extent of Ac.0.39 cents alone and that too it was purchased for extension of the petrol bunk. Ex.A2 sale deed was also discarded by the Reference Court on the ground that the extent covered by Ex.A2 is only Ac.0.16½ cents though it was situated at a distance of 200 yards from the acquired lands as per the evidence of PW 2. Ex.A3 relates to the sale of Ac.0.10 cents and in fact, one of the claimants in LAOP.39/1991 sold the said Ac.0.10 cents which was also acquired. No reliance can be placed on Exs.A4 and A5 as they are only small extents of 200 yards each. Ex.A6 sale transaction is two years prior to Sec.4(1) notification and related to the sale of Ac.0.49 cents for a sum of Rs.49,000/- @Rs.99,000/- per acre. Ex.A7 also relates to Ac.0.30 cents i.e. two years prior to the acquisition sold @Rs.1,00,000/- per acre. Ex.A8 relates to sale transaction of Ac.0.40 cents which was sold @Rs.1,00,000/- per acre . As per the evidence available on record, the lands covered under Exs.A6, A7 and A8 are nearer to the acquired land and the land covered under Ex.A2 is at a distance of 200 yards away from the acquired land and Ex.A1 is just opposite to the acquired land. Though Ex.A1 is relevant, but admittedly it was purchased for the purpose of extension of the petrol bunk and therefore, PW 1 might have purchased the same at higher rate as he was in need of the said land and it may not fetch if it is sold to third parties. Therefore, the relevant documents that can be placed reliance are Ex.A3, A6 to A8 apart from Ex.B1. Ex.B1 is also a relevant document, but the vendor of Ex.B1 said that Ex.B1 is not fit for house sites whereas the acquired lands are fir for house sites. Therefore, the average rate that is coming as per Exs.A6 to A8 is at Rs.1,00,000/- per acre and as per Ex.A3 is at Rs.1,10,000/- per acre. Therefore, we are of the opinion that based on the aforesaid transactions, the market value that can be taken as Rs.1,00,000/-, but, however, they being small extents, 1/3rd has to be deducted. If 1/3rd is deducted, the claimant is entitled to market value @Rs.66,000/- per acre. Accordingly, we fix the market value for the acquired lands @Rs.66,000/- per acre. It is needless to say that the claimant is also entitled to other statutory benefits, as per the amended provisions of the Act. 15. The Appeal is accordingly allowed, to the extent, as indicated above. No order as to costs. _____________________ V.ESWARAIAH,J _________________ NOUSHAD ALI,J Dated: 07.10.2010 Dsr