THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE P.DURGA PRASAD LAAS.NOs.736 AND 861 OF 2005 COMMON JUDGMENT: {Per the Hon’ble Sri Justice P.Durga Prasad} Since these two appeals, arise out of the order dated 31.01.2005 passed in O.P.No.22 of 1995 on the file of the Senior Civil Judge, Nagarkurnool, they are taken up together for disposal. LAAS.No.736 of 2005 is at the instance of the claimants and LAAS.No.861 of 2005 is at the instance of the State. The brief facts of the case are that for installation of 132/33 K.V. Sub-Station, Nagarkurnool, the Land Acquisition Officer has acquired the land of an extent of Acs.8.25 gts in Survey Nos.51/1 and 52 situated at Desi Itikyala Village. Draft notification under Section 4 (1) of the Land Acquisition Act, 1894 {“the Act” for brevity} was issued on 26.11.1993 and the Land Acquisition Officer, after enquiry, passed the award on 08.04.1995 fixing compensation at Rs.10,000/- per acre. Aggrieved by the same, the claimants filed reference under Section 18 of the Act and the matter was referred to the Senior Civil Judge, Nagarkurnool. The learned Senior Civil Judge, on enquiry, enhanced the compensation from Rs.10,000/- to Rs.20,000/- per acre. Before the Court below, the claimants got marked Exs.A6 to A10 and A13 to A16, sale deeds. Exs.A6 to A8 are prior to the notification under Section 4 (1) of the Act and Exs.A10, A13 to A16 are subsequent to the notification. Even though the Court below has discussed the above said documents, has not given any reasons for rejecting the said documents and arrived compensation amount at Rs.20,000/- per acre. Learned counsel for the claimants pleaded that the land valued at Rs.1,50,000/- per acre as it is Nagarkurnool – Kolhapur junction, which two kilometers from Nagarkurnool town. Learned Government Pleader has pleaded that the Court below has given reasons for not accepting the said documents and as such, the said documents cannot be relied upon. As per Ex.A6-sale deed dated 06.03.1987, the land was sold at Rs.41,000/- (266 square yards) in the year 1987. After enhancing the same at the rate of 10% per year, it comes to Rs.75,000/- and after deducting 1/3rd, it comes to Rs.50,000/-. The said amount is just and proper compensation for the land acquired by the Government. Therefore, it is just and reasonable to fix the compensation at Rs.50,000/- per acre. There are no reasons for accepting the contentions of the learned Government Pleader since the learned Judge did not give any reasons for rejecting the said documents. The compensation can safely be fixed at Rs.50,000/- per acre. Accordingly, LAAS.No.736 of 2005 is allowed and LAAS.No.861 of 2005 is dismissed. The market rate is enhanced to Rs.50,000/- per acre. The claimants are entitled to all the statutory benefits as per the amended provisions of the Act. No costs. _________________ (B.PRAKASH RAO, J) __________________ (P.DURGA PRASAD, J) 7th February 2011 RRB