THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.S.APPA RAO A.S.No.3744 of 2000 JUDGMENT: (per the Hon’ble Sri Justice V.Eswaraiah) This appeal is filed aggrieved by the order, dated 05-09-2000, passed in O.P.No.383 of 1984 by the Principal Senior Civil Judge, Tenali. The land of the claimant to an extent of 4464 sq. ft. (460 sq. yards) in R.S.No.517/22 situated at Tenali village was acquired for the purpose of providing house sites to Sugalis, pursuant to 4(1) Notification dated 17-11-1977, and the Land Acquisition Officer, passed award, dated 04-03-1984 fixing the market value @ Rs.6/- per sq. yard. On reference, the Reference Court in L.A.O.P.No.383 of 1984 vide its judgment, dated 07-11-1988, fixed the market value @ Rs.60/- per sq. yard. Aggrieved by the same, the claimant filed A.S.No.1740 of 1989 before this Court and this Court vide its judgment, dated 22-04-1999 allowed the appeal setting aside the order, dated 07-11-1988, and remitted the matter to the court below for fresh disposal. After remand, PWs.4 and 5 were examined, Exs.A- 2, A-3, X-1 and X-2 were marked and on considering the oral and documentary evidence afresh, the trial court confirmed the award passed by the Land Acquisition Officer @ Rs.6/- per sq. yard. Aggrieved thereby, the present appeal is filed by the claimant. The learned counsel appearing for the appellant fairly submits that no reliance can be placed on Ex.A-1-registered sale deed, dated 26-12- 1981. We have perused the material available on record. Under Ex.A-1- registered sale deed, dated 26-12-1981, an extent of 384 sq. yards was sold for a sum of Rs.40,000/-, which shows that there is a steep hike in the market value. Insofar as Ex.A-2-registered sale deed, dated 11-02-1963 is concerned, 496 sq. yards were sold @ Rs.6/- per sq. yard. Admittedly, Ex.A- 2 is 14 ½ years prior to 4(1) Notification. If 10% escalation is taken, the value of Ex.A-2 as on 4(1) Notification comes to Rs.14/- per sq. yard. Under Ex.X- 1-registered sale deed, dated 18-07-1969, the land to an extent of 400 sq. yards was sold @ Rs.15/- per sq. yard. Under Ex.X-2-registered sale deed, dated 17-10-1974, the land to an extent of 420 sq. yards was sold for a sum of Rs.15,000/-, which comes to Rs.35.70 per sq. yard. However, the court below has not placed reliance on Ex.X-1 and X-2 on the ground that they are small extents of land. Admittedly, Ex.X-2 is three years prior to 4(1) Notification. Therefore, if 10% escalation is taken, it comes to Rs.45/- per sq. yard. In the instant case, the court below failed to consider Ex.X-2 on the ground that it is only a small extent and in fact, the land in question is also a small extent. Therefore, having regard to the facts and circumstances of the case and placing reliance on Ex.X-2, we fix the market value @ Rs.40/- per sq. yard. The claimant is also entitled for all statutory benefits. Accordingly, the appeal is allowed in part. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date: 15-12-2011 Prv