THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE K.S. APPA RAO A.S. No. 888 of 2002 Oral Judgment: (Per N.V. Ramana, J.) The appellants-claimants filed this appeal questioning the judgment and decree dated 25.06.2001 passed by the Additional District Judge, Medak at Sangareddy, in O.P. No. 641 of 1991, contending that the enhancement of compensation for the acquired land from Rs.10,000/- per acre to Rs.12,000/- per acre is on the lower side and needs enhancement. The land of the respondents-claimants and others in an extent of Acs. 241.09 situated in Atimyal village, was acquired by the Government by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) on 15.07.1987, for the purpose of submergence under Singoor Project. The Land Acquisition Officer having conducted enquiry by following the procedure contemplated under the Act, passed award determining the market value of the acquired land at Rs.10,000/- per acre. The respondents-claimants having received the compensation under protest, sought reference of the matter to the civil Court under Section 18 of the Act. The Court below after considering the evidence placed by both the parties, by the judgment and decree under appeal, enhanced the compensation for the acquired land from Rs.10,000/- per acre to Rs.12,000/- per acre. Heard the learned counsel for the appellants-claimants and the learned Government Pleader for Appeals for the respondent- Government and perused the judgment and decree under appeal. As can be seen from the judgment and decree under appeal, even though the appellants-claimants claimed Rs.30,000/- per acre for the acquired land, and in support of their claim that the market value of the land is Rs.23,600/- per acre, produced Exs. A1 to A4, the fact remains, the Court below did not consider them, and instead for the purpose of enhancing the compensation for the acquired land from Rs.10,000/- per acre to Rs.12,000/- per acre, relied on the judgment and decree in O.P. No.1264 of 1990, dated 18.06.2001, whereunder the market value of similar lands was fixed at Rs.12,000/- per acre. Six months before the acquisition of the land, as can be seen from the evidence of P.W.1, under Ex.A3-sale deed dated 27,01,1987, he has purchased an extent of Ac. 1.05 guntas of land, which is situated adjacent to the land of the claimants for Rs.23,600/- per acre. Though the respondent- Government contended that the said sale transaction is a sham transaction and the same has been executed for the purpose of claiming more compensation wrongfully, no material whatsoever has been produced either to prove such a contention or to show that the market value of the land was far less than that mentioned in the said sale deed. That being so, we see no reason to disbelieve Ex.A3-sale transaction, and therefore, relying on Ex. A3, and as reflected therein, we deem it appropriate to fix the market value of the acquired land at Rs.23,600/- per acre. Accordingly, the appeal is allowed, enhancing the compensation for the acquired land from Rs.12,000/- per acre to Rs.23,600/- per acre. The appellants-claimants, having regard to the judgment of the Apex Court in Sunder v. Union of India[1], are entitled to all the statutory benefits. No costs. ________________ N.V. RAMANA, J. _________________ K.S. APPA RAO, J. Dated: 28th June, 2011 KSR [1] AIR 2001 SC 3516