IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G. V. SEETHAPATHY A.S.NOS. 987, 1661 AND 1662 OF 1999 A.S.NO. 987 OF 1999 Between: The Special Deputy Collector, (Land Acquisition) (HLC) Anantapur District. ..... PETITIONER AND Juturu Rama Chandra Reddy .....RESPONDENT A.S.NO. 1661 OF 1999 Between: The Special Deputy Collector, (Land Acquisition) (HLC) Anantapur District. ..... PETITIONER AND Sri Singara Ranganayakulu .....RESPONDENT A.S.NO. 1662 OF 1999 Between: The Special Deputy Collector, (Land Acquisition) (HLC) Anantapur District. ..... PETITIONER AND Mangala VenkataramJuturu Rama Chandra Reddy .....RESPONDENT COMMON JUDGMENT: (per Sri Ghulam Mohammed, J) The Special Deputy Collector and Land Acquisition Officer, Anantapur has filed these appeals under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) aggrieved by the common judgment and decree passed in O.P Nos. 4, 5 and 6 of 1990 dated 29.8.1997 on the file of the learned Subordinate Judge, Gooty. Brief facts of the case are that an extent of Ac. 0.85 cents of land and a well in S.No. 666-B2 of the claimant in A.S.No. 987 of 1997, Ac.1.68 cents of land in S.Nos. 669-C2 and 669-E1 of the claimant in A.S.No. 1661 of 1999 and Ac. 1.26 cents of land in S.Nos. 669-B2 and 669-C1B of the claimant in A.S.No. 1662 of 1999, situated in Chandana Village, Yadiki Mandal, Anantapur District, was acquired by the Land Acquisition Officer, L. A. Unit, Anantapur, for excavation of a channel which is popularly known as “Yadiki branch canal” by publishing Gazette notification under Section 4(1) of the Act on 16.5.1988. The Land Acquisition Officer passed Award No. 20/89 dated 28.3.1989 and possession was taken in the month of June, 1988. The claimants demanded compensation at Rs. 20,000/- per acre. But the Land Acquisition Officer after following the procedure prescribed under the Act, fixed the compensation at the rate of Rs. 5,000/- per acre for the acquired lands in question and Rs. 7,541/- to the well situated in S.No. 669-C1B, which is the subject matter of A.S.No. 987 of 1999. Aggrieved by the compensation fixed by the Land Acquisition Officer, claimants claiming higher compensation i.e., Rs. 25,000/- per acre, sought for a reference under Section 18 of the Act and the Award has been accordingly referred and taken on file by the learned Subordinate Judge, Gooty in L.O.P.Nos 4, 5, and 6 of 1990. On behalf of the Referring Officer, none were examined and no documents were marked but the respondents-claimants in order to establish their claim examined CWs-1 to 3 and got marked Ex. B1, which is a CC of registered sale deed and Ex. B2, which is a registered sale deed for Rs. 9,000 for having sold Ac. 0.50 cnt. The learned Subordinate Judge, Gooty, upon appreciation of both documentary and oral evidence made available on record fixed the market value of the acquired lands at Rs.10,000/- per acre and for well situated in S.No. 669-C1B, at Rs. 15,000/- per acre. He also held that the claimants are entitled for solatium at 30% per annum on the enhanced market value of the lands and 12% additional market value from the date of notification to the date of taking possession He also held that the claimants are entitled for interest at 9% per annum for one year, and thereafter 15% per annum till realisation from the date of taking possession. Hence the present appeal. The learned Government Pleader contended that the reference Court failed to see that Exs B1 and B2 documents are not relevant to rely upon as these sale deeds are very near to the notification issued under Section 4(1) of the Act. We have heard the learned Government Pleader and also the learned counsel for the respondents-claimants. The Reference Court relying upon the sale transaction covered under Exs. B1, which is a registered sale deed dated 5.5.1988 and Ex. B2, registered sale deed dated 27.11.1987 for Rs. 9,000/- for having sold Ac. 0.50 cents, rightly enhanced the compensation from Rs. 5,000/- per acre to 10,000/- per acre and in respect of well situated in S.No. 669-C1B in O.P.No. 5 of 1990, enhanced the compensation from Rs. 7,541/- to 15,000/- per acre. Therefore, the determination of the market value fixed by the reference court is based on sale transactions. In the circumstances, we do not find any merit in these appeals and there are no grounds to interfere with the compensation fixed by the reference Court to the acquired lands as well as to the ‘well’ situated in S.No. 669-C1B in O.P.No. 5 of 1990, which is the subject matter of A.S.No. 987 of 1999. Accordingly, all the Appeals are dismissed. There shall be no order as to costs. But however, claimants are entitled to all statutory benefits including interest on 30% solatium as the possession was taken by the Land Acquisition Officer in the month of June, 1988. GHULAM MOHAMMED, J G.V. SEETHAPATHY,J DATE: 29.10.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies