THE HON’BLE SRI JUSTICE G. BHAVANI PRASAD AND THE HON’BLE SRI JUSTICE K.G. SHANKAR A.S.No.1023 of 1998 Date: 28.12.2010 Between: Pondugula Venkata Chinnaiah (died) per LRs. .. Appellants/ Claimants AND The Special Tahsildar, PWD Schemes, Vijayawada. .. Respondent/ Referring Officer THE HON’BLE SRI JUSTICE G. BHAVANI PRASAD AND THE HON’BLE SRI JUSTICE K.G. SHANKAR A.S.No.1023 of 1998 JUDGMENT (per Hon’ble Sri Justice K.G. Shankar): The land of the claimants was acquired for the formation of the road in Atkuru village, Mylavaram Taluk, Krishna District, by the Government. After the land acquisition proceedings, the Land Acquisition Officer determined the market value of the property at Rs.3,560/- per acre and passed the award. Aggrieved the same, the first claimant got the matter referred to the reference Court, which was numbered as OP No.10 of 2005 before the Subordinate Judge, Nuzvid. When the original claimant passed away, the claimants 2 & 3, who laid the present appeal, were brought on record as legal representatives of the original claimant. The learned Senior Civil Judge held that the value, as assessed by the Land Acquisition Officer, at Rs.3,560/- per acre, was just and reasonable and accordingly held that the claimants were not entitled to any enhancement of the compensation amount. It is needless to state that the reference Court did not grant additional market value and solatium as well as interest thereon. Aggrieved by the same, the claimants, who are the legal representatives of the original claimant, preferred the appeal. 2. Heard K. Sudarshan, learned counsel appearing on behalf of the claimants and Sri S.Md. Haneef, learned Assistant Government Pleader for Appeals appearing for the State. 3. The learned counsel for the appellants pointed out that the claimants seek enhancement of the market value of the acquired property at Rs.10,000/- per acre from Rs.3,560/- per acre, as awarded by the Land Acquisition Officer and the reference Court. He placed reliance upon the evidence of P.W.2 in support of his contention. He also pointed out that the properties acquired under the same award and for the same purpose were considered to be Rs.10,000/- per acre in their market value. On either count, the learned counsel for the claimants seek for enhancement of the market value to Rs.10,000/- per acre. 4. It may be pointed out that the land in question was acquired for the formation of the road at Atkuru village. The acquired properties are situate in CST No.7-1-2 and CST No. 3-2-6, out of which the properties of the claimants and two others were shown to be in CST No.3-2-6. Exs.A.2 to A.8 are the plans relating to the properties acquired for the construction of the road. They are not only for the properties of claimants, but for the properties of PW.2 and others as well. In view of Exs.A.2 to A.8, it is evident that the properties of PW.2 and the properties of claimants are nearby lands if not more or less adjoining lands. 5. PW.2 pointed out that the Land Acquisition Officer himself awarded compensation at Rs.10,000/- per acre for his lands. It is the case of the claimants that their lands which were acquired are not only situate in the same locality where the lands of PW.2 are located, but the lands of the claimants and PW.2 are of same potentiality as well. The learned counsel for the claimants therefore contended that the market value of the acquired lands of the claimants deserves to be determined at Rs.10,000/- per acre. 6. Where there is no contrary evidence to show that the value of the claimants and that of PW.2 are of different potentiality, in view of the fact that their lands are neighbouring lands, as evidenced by Exs.A.2 to A.8, the lands of claimants shall necessarily to be considered of the same potentiality as the lands of PW.2. Where the Land Acquisition Officer himself determined the market value of the lands of PW.2 at Rs.10,000/- per acre, the value of the lands of the claimants also deserves to be determined at Rs.10,000/- per acre. The claim of the claimants for enhancement of the market value as awarded by the Land Acquisition Officer and as confirmed by the reference Court, is perfectly justified. In this background and in view of the determination of the market value of the neighbouring lands belonging to PW.2 at Rs.10,000/- per acre, by the Land Acquisition Officer, the value of the properties of the claimants are also determined at Rs.10,000/- per acre. 7. The claimants are also entitled to additional market value at 12% of the market value and also at 30% solatium. The claimants are further entitled to interest @ 9% for one year from the date of Section 4 (1) notification and 15% thereafter over the market value, additional market value and the solatium. 8. The appeal is accordingly allowed. No costs. ________________ G. Bhavani Prasad, J ________________ K.G. Shankar, J Date: 28.12.2010 Isn