THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S No.1278 OF 2001 JUDGMENT: (Per the Hon’ble Sri Justice N.V. Ramana) The Special Tahsildar (L.A.), Nellore, filed this appeal challenging the order, dated 31.12.1997, passed by the learned Subordinate Judge, Nellore, in O.P.No.82 of 1987. The brief facts of the case are as follows: The Government of A.P. acquired land admeasuring 80 ankanams viz., Ac.0.13 cents in S.No.271/1A situated in Nellore, belonging to the claimant and also the lands belonging to others, for formation of the road on the eastern side of Railway line, Nellore under Town Development Scheme. The Land Acquisition Officer passed the award fixing the market value of the land of the petitioner at the rate of Rs.350/- per ankanam. Being dissatisfied with the compensation awarded, the claimants sought for reference under Section 18 of the Act. On reference being made, the claimants appeared before the Court below and filed claim statements claiming compensation at the rate of Rs.4,000/-per ankanam in addition to the other benefits. Before the Court below, P.Ws. 1 to 9 were examined and Exs.A1 to A.15 were marked on behalf of the claimants. On behalf of the Referring Officer, R.W.1 was examined and Ex.B1 document was marked. The Court below while placing reliance Ex.A4, allowed the O.P. enhancing the compensation for the acquired land from Rs.350/- per ankanam/- to Rs.700/- per ankanam and granting all the benefits under the amended Land Acquisition Act. Aggrieved by the same, the present appeal is preferred by the Government. Heard and perused the material available on record. The learned Government Pleader for Appeals contended that the Land Acquisition Officer has duly taken note of transactions that had taken place within a period of three years prior to issuance of draft notification under Section 4(1) of the Act and fixed the correct market value and that the nature of the lands in question are not similar to that of lands covered under Ex.A4 transaction and the Court below ought not to have taken such transaction as a comparable sale. Therefore, she prays to set aside the impugned order. On the other hand, the learned counsel appearing for the respondents/claimants opposed the said contentions on the ground that Ex.A4 is a genuine transaction and the trial Court rightly fixed the market value of the acquired land and there are no grounds to interfere with the same. On a perusal of the material on record, it is clear that Ex.A4 copy of the order in O.P.No.10 of 1979 shows that P.W.4 got 81 ankanams of site in CAS No.215/2 and the Government acquired the same under 4(1) notification dated 29.12.1977, for the purpose of widening the Nagulamitta Road and the award was passed fixing the value at the rate of Rs.560/-per ankanam. On reference, the Court fixed at the rate of Rs.700/- per ankanam. Further Ex.A4 goes to show that the Court fixed the market value at Rs.700/- per ankanama as on 29.12.1977 by taking intro consideration the increasing trend of prices of the sites in the vicinity and other circumstances. The order under Ex.A4 was passed on 12.2.1982 and the award in the present case was passed on 21.9.1986. The award and judgment in Ex.A4 were passed much earlier to the passing of the award in the present case. Further, it is also clear that the lands covered under Ex.A4 and the present lands are similar in nature and potentiality. Apart from that, nothing adverse was pointed out between the lands covered under Ex.A4 and the present acquired lands with regard to fertility, potentiality and nature. The genuineness of the transaction under Ex.A4 is not disputed. Therefore, it can be taken as a comparable sale for the purpose of determining the market value. Considering all the above aspects into consideration, the Court below awarded the compensation. Therefore, we feel that the Court below has rightly adjudicated the matter and that the compensation fixed by the Court below does not warrant any interference. In the result, the appeal is dismissed. There shall be no order as to costs. ___________________ Justice N.V. Ramana _____________________ Justice K.S. Appa Rao Date: 18.7.2011 Nn. THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO AS No.1278 OF 2001 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 18.7.2011