HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No. 2193 of 2000 Date: 22-09-2010 Between: Smt. K. Janakamm and two others ….. Appellants and Sub-Collector (land Acquisition Officer) ….. Respondent HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No. 2193 of 2000 JUDGMENT: (Per Hon’ble Sri Justice V. Eswaraiah) This Appeal is preferred by the claimants against the order, dated 20-02-1998 passed in O.P.No.13 of 1986 on the file of the Senior Civil Judge at Bhongir. 2. The agricultural wet land of the claimants to an extent of Ac.2-00 gts in Survey No.802/2 situated in Alair village and Mandal, Bhongir, Nalgonda District, was acquired for the purpose of construction of APSRTC Bus Stand in pursuance of the draft notification published on 25-11-1982 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). The Land Acquisition Officer passed the award on 28-11-1985 fixing the market value of the acquired lands @ Rs.25,000/- per acre. The claimants, being not satisfied with the market value fixed by the Land Acquisition Officer, made an Application under Section 18 of the Act to refer the matter to the Civil Court and accordingly, the matter was referred to the said Court. 3. On such reference, in support of their claim, claimant Nos.1 and 2 were examined as PWs.1 and 2 respectively, and one Janardhan Reddy was examined as PW-3 and Exs.A-1 to A-6 were got marked. On behalf of the Land Acquisition Officer, none were examined, however Exs.B-1 and B-2 were got marked. 4. The Reference Court, after considering the oral and documentary evidence adduced on either side, allowed the O.P. in part through the order, dated 20-02-1998, granting additional statutory benefits, however declined to enhance the compensation amount. 5. Aggrieved by the order of the Reference Court, the claimants have preferred the present Appeal contending that though they are entitled to the market value @ Rs.200/- per square yard, they have restricted their claim @ 20/- per square yard basing on the oral and documentary evidence adduced by them. 6. In view of the facts and circumstances of the case, the points arises for consideration is whether the claimants are entitled for enhancement of the market value to the lands acquired? 7. The first claimant was examined as PW-1. He stated that they are the owners of the acquired land to an extent of Ac.2-00 situated at Alair village. Originally it was a wet land and later they converted the same into house plots, but in the meanwhile the Government issued the notification for acquiring those lands for the purpose of construction of APSRTC Bus stand. They have received the market value fixed by the Land Acquisition officer under protest and filed the application to refer the matter to the Civil Court. He further stated that on the eastern side of the acquired land, Marketing Office, Panchayat Office, Government Hospital, Cinema Theatre and Rice Mills are situated. The acquired land is on the right side of the road leading from Hyderabad to Warangal. By the time of the acquisition of the land, there are houses in the vicinity and plots were made in the adjacent land for house sites. Prior to the acquisition, they have raised paddy in the acquired land by drawing water from the well. Plots were also made in respect of the land held by them in Survey No.802 and they have sold those plots @ Rs.40/- to Rs.50/- per square yard, but the purchasers got the plots registered for lesser price with a view to avoid stamp duty. In the plots sold by them, the vendees constructed houses and there are shops opposite to the acquired land, on the other side of the road, and behind the shops, there are railway quarters. There is a road leading to Gundala and Mothkur starting from Hyderabad to Hanmakonda road at a distance of about 50 yards. On the date of acquisition, the market value of the acquired land was Rs.40/- per square yard. The compensation awarded by the Land Acquisition Officer is meager and insufficient and they are entitled to the compensation @ Rs.40/- to Rs.50/- per square yard to the acquired lands. 8. PW-2, who is claimant No.2, also similarly stated about the potentiality of the land and further stated that as per Ex.A-1, registered sale deed, dated 06-03-1982, they sold away a plot admeasuring 500 square yards for a sum of Rs.15,000/-, which works out to Rs.30/- per square yard. They have sold another plot through Ex.A-2, registered sale deed, dated 21-01-1982, admeasuring 200 square yards for Rs.3,000/-, which works out to Rs.15/- per square yard. Through Ex.A-3, registered sale deed, dated 04-02-1980, the vendor sold 2 ½ guntas for Rs.2,000/-. Ex.A-4, registered sale deed, dated 20-09-1984, relates to the sale transaction of 248 square yards for Rs.14,880/-. Ex.A-5, registered sale deed, dated 08-04-1983, relates to the sale transaction of 125 square yards for Rs.6,300/-. Ex.A-6, registered sale deed, dated 29-03-1982 relates to the sale transaction of 121 square yards for Rs.6,100/-. It is further stated that the lands covered by Exs.A-1 to A-6 are situated nearer to the acquired lands and therefore, they are entitled to the compensation @ Rs.20/- per square yard. Though they have claimed the compensation @ Rs.200/- per square yard, they have restricted it to Rs.20/- per square yard. 9. PW-3 is the purchaser of the plot of 200 square yards in Sy.No.802 of Alair village @ Rs.15/- per square yard vide Ex.A-2, registered sale deed, dated 21-01-982. 10. It is the contention of the claimants that though the market value of the acquired lands in 1980, as evident from Ex.A-3, registered sale deed, is very less, thereafter there was steep hike in the market value of those lands and therefore, under Ex.A-2, registered sale deed, they have sold the land @ Rs.15/- per square yard. 11. Admittedly, the sale transaction under Ex.A-2, registered sale deed, took place about ten months prior to the initiation acquisition proceedings. Even according to the Land Acquisition Officer, the claimants have knowledge about the acquisition proceedings only about four or five months prior to Section 4 (1) notification, but not prior to that. Therefore, we are of the opinion that Ex.A-2, registered sale deed, is not created for the purpose of claiming more compensation and it was executed in the normal course, reflecting the true market value, by offering the sale of the land by intending seller and it was purchased by the willing purchaser, and we do not see any ground to discard the same. 12. Admittedly, Alair is the Mandal headquarter situated near the National Highway from Hyderabad to Warangal and the acquired land is abutting the main road. Therefore, Ex.A-2, registered sale deed, can be taken into consideration for the purpose of fixing the market value of the acquired lands. Admittedly, Ex.A-2 relates to the house plots, which were sold @ Rs.15/- per square yard. Since the acquired land of the claimants is wet land, if it is converted into house plots, they have to leave 1/3rd of the land towards development. Therefore, taking into consideration the market value of the acquired lands @ Rs.15/- per square yard, as per Ex.A-2, and after deducting 1/3rd out of the same, the market value comes to Rs.10/- per square yard, which appears to be just and reasonable, and the claimants are entitled to the same. 13. Accordingly, the Appeal is allowed fixing the market value of the acquired lands @ Rs.10/- per square yard. The claimants are entitled to get the market value for their acquired lands @ Rs.10/- per square yard along with all the statutory benefits under the Act on the enhanced amount. No order as to costs. ______________ V. ESWARAIH, J ______________ NOUSHAD ALI, J Date: 22-09-2010 YCR