THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE K.S. APPA RAO L.AA.S. Nos. 263 of 2008 JUDGMENT: (Per NVR,J) The Land Acquisition Officer-cum-Special Deputy Collector (L.A. Unit), PJP, Gadwal, filed the present appeal against the order dated 22.10.2007 passed in O.P. No. 107 of 2004 by the Senior Civil Judge, Gadwal. The facts, in nutshell, are that the lands of the respondents- claimants, to a total extent of Ac.4.35 gts. comprised in various survey numbers situated at Kondair village, were acquired by the Government for the purpose of earthwork excavation and forming embankment of PJP NS canal, by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). After following the due procedure prescribed under the Act, the Land Acquisition Officer has passed award fixing the market value of the acquired lands at the rate of Rs. 38,000/- per acre. Dissatisfied with the compensation awarded by the Land Acquisition Officer, the claimants, having received the compensation under protest, sought reference of the matter to Civil Court, and accordingly the Land Acquisition Officer has referred the matter to the reference Court under Section 18 of the Act, for determination of the market value of the acquired lands. On the reference being made, the respondents-claimants have filed common claim statement and claimed that the market value of the acquired lands be enhanced to Rs. 1,00,000/- per acre. The Land Acquisition Officer filed reply statement, supporting the award passed by him, and prayed to reject the claim of the claimants. Before the reference Court, P.Ws.1 to 5 were examined and Exs.A1 to A5 were marked on behalf of the respondents-claimants, while the Land Acquisition Officer was examined as R.W.1 and Ex.B1 was marked on behalf of the appellant-Land Acquisition Officer. The reference Court, having considered the oral and documentary evidence adduced by the parties, fixed the market value of the acquired lands at Rs.96,000/- per acre, based on Ex.A3 document, having granted 10% escalation per annum for a period of two years, as there was a time gap of two years between Ex.A3 sale deed and the present 4(1) notification, and also granted to the claimants, other statutory benefits as detailed in the order under appeal, and accordingly answered the reference, by the order under appeal. Learned Assistant Government Pleader for Appeals appearing for the appellant contended that the reference Court erred in placing reliance on Ex. A3 document for the purpose of fixing the market value of the acquired lands and the enhancement made by the reference Court is exorbitant, and she prayed for setting aside the order under appeal. On the other hand, learned counsel appearing for the respondents- claimants supported the order under appeal and prayed for dismissal of the appeal. We are unable to agree with the contention of the learned Assistant Government Pleader for Appeals that the reference Court erred in placing reliance on Ex.A3 document for the purpose of fixing the market value of the acquired lands. As can be seen from the order under appeal, the land covered by Ex.A3, which is situated at Kondair Village, was sold at the rate of Rs. 80,000/- per acre, on 03.11.1999, and the 4(1) notification in respect of acquisition of the present lands was issued on 12.11.2001. The sale transaction under Ex.A3 was also referred to by the Land Acquisition Officer in Ex.B1 award, at Sl.No.27. As per Ex.B1, the land sold under Ex.A3 is dry land. The lands under acquisition are also situated in Kondair Village and are classified as ID lands. It was also admitted by the Land Acquisition Officer that the lands under acquisition abut National Highway No.7 and hence there would be demand for them. Having regard to the same and considering the fact that the land covered by Ex.A3 and the lands acquired are of similar nature and situate in same village and the 4(1) notification having been issued two years after the sale transaction under Ex.A3, we are of the considered opinion that the reference Court did not commit any error in considering the sale transaction under Ex.A3 as a comparable sale for the purpose of fixing the market value of the acquired lands and granting escalation at 10% per year, for the time gap of two years, and accordingly fixing the market value of the acquired lands at Rs. 96,000/- per acre. There are absolutely no grounds to interfere with the order under appeal and the appeal fails. The appeal suit is accordingly dismissed. No order as to costs. __________________ JUSTICE N.V. RAMANA ___________________ JUSTICE K.S. APPA RAO 13th July, 2011 IBL