THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT Nos.1719 of 2001 & 3503 of 2003 And X OBJSR No.86757 of 2001 in A.S.No.3503 of 2003 DT.31-10-2011 APPEAL SUIT No.1719 of 2001 Between: The Special Tahsildar (Land Acquisition), Visakhapatnam Urban Development Authority, Visakhapatnam. … Appellant And Jammi Varasha Narasimham (Died) & Ors … Respondents APPEAL SUIT No.3503 of 2003 Between: The Special Tahsildar (Presently redesignated as Special Deputy Collector), (Land Acquisition), Visakhapatnam Urban Development Authority, Visakhapatnam. … Appellant And Duruvasula Ramayya s/o late Seeta Ramayya & Ors … Respondents Counsel for the appellant: Smt.V.Preethi Reddy Counsel for respondent: Sri X OBJSR No.86757 of 2001 in A.S.No.3503 of 2003 Between: Prasadula Venkata Ramana & Ors. And The Special Tahsildar (Presently redesignated as Special Deputy Collector), (Land Acquisition), Visakhapatnam Urban Development Authority, Visakhapatnam. Counsel for the appellants: Counsel for respondent: Sri The Court made the following COMMON ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT Nos.1719 of 2001 & 3503 of 2003 And X OBJSR No.86757 of 2001 in A.S.No.3503 of 2003 C O M M O N J U D G M, E N T:(Per Hon’ble Sri Justice V.Eswaraiah) As these appeals and Cross-Objections are interlinked and connected with each other, they are being disposed of by this common judgment. The appellant in both the appeals, who is the Special Tahsildar (Land Acquisition), Visakhapatnam, filed these appeals aggrieved by the Judgments and Decrees of even date dated 22-01-2001 of the learned Senior Civil Judge, Vizianagaram passed in L.O.P.Nos.23 and 26 of 2001 respectively, enhancing the compensation from Rs.50/-, Rs.60/- and Rs.37/- per sq yard respectively to Rs.135/- per sq yard, in respect of the acquired lands to an extent of 10345 sq. feet in Sy.No.591-A/1, 21012 sq. feet in S.No.592/2, 9705 sq. feet in Sy.No.595/2, 4066 sq. feet in Sy.No.595/3, 1250 sq feet in Sy.No.595/5, 175 sq. feet in Sy.No.596/1, 2691 sq. feet in Sy.No.595/4 which comes to a total extent of 49244 sq. feet covered by L.O.P.No.23 of 2001, and 194 sq yards in T.S.No.319/1, 484 sq yards in T.S.No.319/2, 1089 sq yards in T.S.No.319/3P and 1960 sq yards in T.S.No.319/3P which comes to a total extent of 3727 sq yards covered by L.O.P.No.26 of 2001 situated in Maharajupeta South Ward in Vizianagaram Municipal area of Vizianagaram Mandal and District for formation of 100 feet Inner Ring Road. Notification under Section 4 (1) of the Land Acquisition Act was published in A.P. Gazettee on 23-02-1984 and after serving notices under Sections 9 (3) and 10 of the Land Acquisition Act and on appearance of the claimants, the Special Tahsildar, Land Acquisition V.U.D.A, Visakhapatnam conducted enquiry and passed the award on 31-05-1990 vide award No.9/1990 insofar as the lands covered under A.S.No.1719 of 2001, and award dated 16-6-1989 insofar as the lands covered under A.S.No.3503 of 2001. Insofar as the lands covered under A.S.No.1719 of 2001, the land Acquisition Officer fixed the compensation of the lands in Sy.Nos.591-A/1 and 592/2 at Rs.50/- per sq yard and the lands in respect of other survey numbers at Rs.60/- per sq. yard. Insofar as the lands covered under A.S.No.3503 of 2001, the land Acquisition Officer fixed the compensation at Rs.50/- per sq yard to an extent of 1767 sq yards out of total extent of 3727 sq yards and with regard to the remaining extent of 1960 as it is vacant and low lying area and needs levelling and development, by deducting 1/3rd from fixed rate of Rs.50/- per sq yard towards developmental charges, fixed the rate at Rs.34/- per sq yard. However, 30% solatium and additional compensation at 12% per annum over the market value was awarded. Dissatisfied with the same, the claimants sought reference under Section 18 of the Land Acquisition Act, and the matter was referred to the civil Court wherein the learned Senior Civil Judge, Vizianagram by the aforesaid orders in L.O.Ps enhanced the compensation from Rs.50/-, 60/- and 37/- per sq yard respectively, to Rs.135/- per sq. yard apart from other statutory benefits like solatium, interest etc. The learned counsel appearing for the appellant submitted that enhancement of compensation from Rs.50/-, Rs.60 and Rs.37/- per sq yard to Rs.135/- per sq. yard is without any basis and the acquired lands have no potentiality for such enhancement. We have perused the record. It is seen from the record that PW.1, the Head Quarters Deputy Tahsildar, V.U.D.A, Visakhapatnam admitted in his cross-examination that the acquired lands are located in the thick residential area within the municipal limits of Vizianagaram town, and the Ryot-Bazar and V.U.D.A colony is located near the acquired land at a distance of 50 yards. RWs.1 to 6 in their evidence stated that the land in the vicinity of the acquired lands in fact was sold at Rs.250/- sq yard. As seen from the record, the Land Acquisition Officer while passing the award Ex.A.1 dated 31-5-1990 in other transaction, took into consideration 9 sale transactions including the land in T.S.No.344, which is within the vicinity of the acquired lands was sold at Rs.136.36 ps per sq. yard as on 28-12-1983 prior to the 4 (1) Notification of the present acquisition. When the nearby land was sold at Rs.136.36 ps per sq. yard prior to the present 4 (1) Notification, we do not see any justification on the part of the appellant that the compensation enhanced by the reference Court from Rs.50/-, 60/- and 37/- per sq yard respectively to Rs.135/- per sq yard is excessive. The trial Court well discussed the evidence of PW.1 and RWs.1 to 6 and placed reliance on the documentary evidence Ex.A.1 one of the sale transaction covered by the lands within the vicinity of the acquired lands while enhancing the compensation to Rs.135/- per sq yard. Though the learned counsel appearing for the appellant well argued the matter, he is unable to convince the Court that the compensation enhanced by the trial Court is erroneous. In that view of the matter, while taking into consideration the evidence of PW.1 and RWs.1 to 6 and the voluminous documentary evidence filed on behalf of the claimants, especially, Ex.A.1-the sale transaction showing the sale of land within the vicinity of the acquired lands at Rs.136.36 ps per sq. yard prior to the present 4 (1) notification, it is made out that the lands in question had good potentiality, and therefore, in our view the enhancement of compensation from Rs.50/-, Rs.60/ and Rs.37 per sq. yard respectively to Rs.135/- per sq yard is quite just and reasonable. Therefore, taking into account the totality of the circumstances, we do not see any ground to differ with the finding of the lower Court and the Judgment of the lower Court is in accordance with law. In the result, the appeals are accordingly dismissed confirming the Judgment and decree of even date dated 22-1-2001 passed in O.P.No.23 of 1991 and O.P.No.26 of 1991 by the learned Senior Civil Judge, Vizianagaram. No costs. Insofar as Cross-Objection (SR) No.86757 of 2001 in A.S.No.3503 of 2003 is concerned, the 4 (1) Notification does not disclose the extents of any structures and no evidence was adduced in that regard and no structures were existed as on the date of 4 (1) Notification. In that view of the matter, the cross-objectors are not entitled for any separate compensation. Accordingly, the Cross-Objection (SR) No.86757 of 2001 in A.S.No.3503 is dismissed. No costs. ______________ V. ESWARAIAH,J ________________ K.S.APPA RAO,J DATE:31-10-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench pronounced by Hon’ble Sri justice Eswaraiah) APPEAL SUIT Nos.1719 of 2001 & 3503 of 2003 And X OBJSR No.86757 of 2001 in A.S.No.3503 of 2003 DATE: 31-10-2011 GRK