THE HON'BLE SRI JUSTICE A.GOPAL REDDY AND THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.141 of 2000 JUDGMENT: (Per the Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (‘the Act’ for short) has been preferred by the Land Acquisition Officer (Mandal Revenue Officer) against the order dated 24.04.1999, passed by the Senior Civil Judge, Mahabubabad, in O.P.No.86 of 1996, whereby the compensation for the acquired land was enhanced to Rs.20,000/- per acre as against Rs.3,000/- per acre awarded by the Land Acquisition Officer. An extent of Ac.4.35 guntas of dry land in survey Nos.167, 168 and 169 situated at Thanda Dharmaram Village was acquired for the purpose of providing house sites to the scheduled tribes and weaker section people, by issuing a draft notification under Section 4(1) of the Act on 17.08.1982. Draft declaration was also issued on the same day dispensing with the enquiry under Section 5-A of the Act, in view of the urgent requirement. Possession of the land was taken on 10.02.1983 i.e., even before passing of the award. The Land Acquisition Officer, after due enquiry, passed an award on 31.03.1984, fixing the market value at Rs.3,000/- per acre with all statutory benefits. For the irrigation well existing in survey No.167/F, compensation was fixed at Rs.9,720/-. Having received the compensation, under protest the claimants (respondents herein) sought for reference under Section 18 of the Act. On reference being made, the claimants filed final claim statement claiming compensation at Rs.1,00,000/- per acre for the acquired land and at Rs.60,000/- for the well. To substantiate their claim for the enhanced compensation before the reference Court, the claimants examined themselves as P.Ws.1 to 4, apart from examining one A. Satyanarayana as P.W.5 and Exs.A-1 to A-3 – certified copies of registered sale deeds dated 16.08.1979, 22.05.1980 and 11.04.1989 respectively, were marked. On behalf of the Land Acquisition Officer, R.W.1 was examined and Exs.B-1 to B-4 were marked. After considering the oral and documentary evidence, the reference Court enhanced the compensation to Rs.20,000/- per acre for the acquired land as against Rs.3,000/- awarded by the Land Acquisition Officer. A perusal of the records shows that P.W.1 deposed that after his land to an extent of Ac.01.3 guntas was acquired, only 37 guntas was left with him, which became useless since he could not raise commercial crops and that he dug the irrigation well by spending Rs.70,000/-. P.W.2 deposed that he and the second claimant own one acre of land each adjacent to each other; that they were having joint irrigation well to which an oil engine was installed to irrigate their lands and were raising commercial crops like chillies, cotton and turmeric and getting yearly income of Rs.10,000/- per acre before their land was acquired. Out of their land, the Government acquired land to an extent of Ac.0.13 ½ guntas each, after which they each own only small extent of Ac.0.26 ½ guntas of land. He further stated that he was having six sons and three daughters and due to acquisition of the land, his children became farm servants of other landowners. P.W.3 deposed that he own Ac.0.20 guntas of land where he used to raise commercial crops and was getting Rs.4,000/- to Rs.5,000/- per acre and due to acquisition of land, he lost that income and became labourer. Similarly, P.W.4 deposed that the Government acquired his total land to an extent of Acs.3.06 guntas irrigated by drawing water from an irrigation well, to which he installed oil engine and that due to acquisition of land, the well became useless and abandoned. P.W.5, who is an independent witness, deposed that one Buchaiah sold Ac.0.05 guntas of dry land in survey No.279 situated at Thanda Dharmaram Village at Rs.12,000/- per acre under Ex.A-1 sale deed dated 16.08.1979 and that he attested the said sale deed. The inspection note of the Land Acquisition Officer, who inspected the entire land, supports the evidence of the claimants that they used to raise commercial crops in the acquired land. His enquiries stated to be revealed that similar nature of lands were being sold at Rs.4,000/- to Rs.8,000/- per acre. However, no reasons were assigned by him while fixing the market value at Rs.3,000/- per acre. Further, when enquiry under Section 5-A of the Act was dispensed with, 80% of the estimated compensation has to be paid to the owners at the time of taking possession. As per the evidence of the claimants, they are solely dependent upon the income derived from agriculture by raising commercial crops and after acquisition, they were deprived of their livelihood and became labourers. The agricultural land of the Village was sold at Rs.12,000/- per acre in 1977 as per Ex.A-1 sale deed i.e., five years prior to the present acquisition. In such circumstances, the reference Court taking into consideration escalation for five years, fixed the market value of the acquired land at Rs.20,000/- per acre. In view of the facts and circumstances of the case, we are of the view that the compensation fixed by the reference Court for the acquired land at Rs.20,000/- per acre appears to be just and reasonable. Therefore, the Appeal Suit is dismissed. No costs. __________________ A.GOPAL REDDY, J __________________ G.V.SEETHAPATHY, J 13th April, 2010 GHN