IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD TUESDAY, THE TWENTY THIRD 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.Nos.2082 & 2556 OF 1999 A.S.No.2082 OF 1999 Between: The Land Acquisition Officer, (Mandal Revenue Officer), Nallacheruvu. … Appellant And: B.Narasimha Reddy … Respondent A n d A.S.No.2556 OF 1999 Between: The Land Acquisition Officer, (Mandal Revenue Officer), Nallacheruvu. … Appellant And: Palli Rami Reddy (died) per Lrs. B.Narasimha Reddy and others … Respondents THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.2082 & 2556 OF 1999 COMMON JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) These two appeals, under Section 54 of the Land Acquisition Act 1894, by the Land Acquisition Officer-cum-Mandal Revenue, Nallacheruvu, which are directed against the orders of the Subordinate Judge, Kadiri passed in O.P.Nos.14 and 15 of 1988 dated 28-08- 1997 respectively, are heard together and are disposed of by this common judgment. 2. An extent of Ac.1-00 covered by O.P.No.14 of 1988 and an extent of Ac.1-22 cents covered by O.P.No.15 of 1988 situated in Bodinepalli and Pallivandlapalli villages were acquired through the notification dated 18-06-1987 for providing house sites to weaker sections i.e., Scheduled Castes and Scheduled Tribes. The Land Acquisition Officer by Award Nos.2 and 3 of 1987 dated 10-10-1987 fixed the market value of the acquired land at Rs.3,800/- per acre. The claimants, having not satisfied with the fixation of the market value, sought for reference to the Civil Court under Section 18 of the Land Acquisition Act. On receiving the same, the same were numbered as O.P.Nos.14 and 15 respectively. 3. To prove the market value of the acquired land in O.P.No.14 of 1988, the claimant himself was examined as P.W.1 and one more witness P.W.2 was examined on behalf of the claimant and Exs.A-1 and 2 were marked. On behalf of the Referring Officer, R.Ws.1 and 2 were examined and Exs.B-1 and B-2 were marked. Similarly, in O.P.No.15 of 1988, the first claimant himself was examined as P.W.1 and one more witness P.W.2 was examined on behalf of the claimants and Exs.A-1 and 2 were marked. On behalf of the Referring Officer, R.Ws.1 and 2 were examined and Exs.B-1 to B-3 were marked. 4. The learned Subordinate Judge, after considering the oral and documentary evidence adduced by the parties, particularly Exs.A-1 and A-2 sale deeds filed in O.P.No.14 of 1988 where an extent of 227 sq. yards was sold under Ex.A-1 and 270 sq. yards was sold under Ex.A-2 for Rs.1,400/-, which works out to Rs.29,850/- per acre, fixed the market value of the acquired land at Rs.18,000/- per acre in both the O.Ps with solatium and interest at 12% per annum from the date of award. Questioning the correctness of the same, the present appeals by the Land Acquisition Officer. 5. Heard the learned Government Pleader for Appeals and Sri O.Manoher Reddy, learned counsel for the respondents in both the appeals. 6. It is strenuously contended by the learned Government Pleader for Appeals that Exs.A-1 and A-2 are smaller extent of land and they cannot be taken for comparison for fixation of the market value when Ac.2- 22cents of land covered by both the OPs was acquired. If the same is eschewed, there is no other evidence for fixing the market value per acre. 7 . The learned counsel for the respondents/claimants, while supporting the reasoning of the learned trial Judge in enhancing the compensation, contended that the lands are most suitable for house sites and there is a lot of demand for house sites in both the villages. 8. Exs.A-1 and A-2 are of the year 1984 and whereas the present acquisition is nearly three years after the sale deeds. Even the sale consideration mentioned in Exs.A-1 and A-2 at Rs.29,850/- is taken and after adding reasonable escalation to it, the market value comes to Rs.35,000/- per acre as on the date of issuance of notification. As there was no other evidence available except Exs.A-1 and A-2, the reference Court hypothetically fixed the market value at Rs.18,000/- per acre as reasonable compensation. 9. Further, we have noticed that the value of the appeal in A.S.No.2082 of 1999 is less than Rs.15,000/- and the value of the appeal in A.S.No.2556 of 1999 is less than Rs.20,000/-. Having regard to the meagre compensation paid to the land owners, we do not see any ground to interfere with the discretion exercised by the trial Court. 10. Both the appeals are accordingly dismissed. It is made clear that the claimants are entitled to 12% additional market value on the enhanced compensation from the date of issuance of notification till the date of passing of the award. Further, from the record the date of taking possession is not available. It is needless to say that the relevant date of taking possession is the date of passing of the award i.e., 10-10-1987. The claimants are also entitled to interest at 9% per annum on the enhanced compensation from the date of taking possession for a period of one year and thereafter at 15% per annum, including additional market value and solatium, as per the law laid down by the Supreme Court in Sunder Vs. Union of India[1]. There shall be no order as to costs. _________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J Dated 23rd March 2010 Lrkm. [1] AIR 2001 SC 3516