THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NOS.757, 766, 767, 819, 840, 841, 843, 844, 845, 846, 847, 848, 849, 854 AND 856 OF 2005 DATED 18TH JANUARY, 2011 BETWEEN: The Sub Collector & Land Acquisition Officer, Vijayawada. …Appellant/Referring Officer a n d Athaluri Rajeswara Rao …Claimant/Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NOS.757, 766, 767, 819, 840, 841, 843, 844, 845, 846, 847, 848, 849, 854 AND 856 OF 2005 C O M M O N J U D G M E N T (Per Sri Justice Sanjay Kumar) Originating from the common order and decrees in a batch of OPs under Section 18 of the Land Acquisition Act, 1894, arising out of the same Award, these appeals are amenable to a conjoined disposal. The land of the respondents herein situated in Kondapally Village, Krishna District, was acquired by the State for the purpose of increasing the capacity of Budameru Channel. After due enquiry, the Land Acquisition Officer-cum-Sub-Collector, Vijayawada, fixed the market value of the acquired land at Rs.35,000/- per acre vide Award No.5/93 dated 11.01.1993. Dissatisfied therewith, the land owners sought reference under Section 18 of the Land Acquisition Act, 1894 claiming Rs.2,25,000/- per acre. The reference Court of the learned II Additional Senior Civil Judge, Vijayawada, by common order dated 29.04.2003 fixed the market value of the acquired land at Rs.70,000/- per acre. Hence, these appeals by the State. Before the reference Court, the claimants examined two witnesses and marked Exs.A.1 to A.3 and Ex.X.1. The State examined the Mandal Revenue Officer, Ibrahimpatnam, as R.W.1 but did not adduce any documentary evidence. One of the claimants, who was examined as P.W.1, deposed that the market value of the acquired land would be between Rs.2,25,000/- and Rs.3,00,000/- per acre. He relied upon the basic value of Rs.1,80,000/-per acre fixed by the Sub-Registrar’s Office (Ex.A.2) to support his contention. P.W.1 also stated that the area around the acquired land was an industrial one and that there was potential for the land being developed into house sites. R.W.1, the Mandal Revenue Officer, Ibrahimpatnam, also confirmed the fact that the acquired land was proximate to an industrial area. P.W.2 an employee of HPCL, Kondapally, spoke of his company purchasing a plot admeasuring 1,10,865 square meters from the Andhra Pradesh Industrial Infrastructure Corporation under Ex.X.1 sale deed dated 29.03.1980 for a consideration of Rs.60,97,575/-. The land under Ex.X.1, though situated in a different survey number, was found to be near the acquired land by the reference Court. The evidence of R.W.1 was to the effect that the acquired land was dry land without irrigation facility. R.W.1 stated that the acquired land was rain-fed and yielded paddy. The market value of Rs.35,000/- per acre was fixed basing on sale item No.4 of 1990 in R.S.No.371/28. Ex.A.1 sale deed dated 18.04.1980 relied upon by the claimants pertained to an extent of Ac.0.60 cents sold at the rate of Rs.90,000/- per acre. This land was separated from the acquired land by a Zilla Parishad Road. Ex.A.2 certificate issued by the registration authorities put the market value of the land in R.S.No.360/1A of Kondapally Village at Rs.1,80,000/- per acre as on 29.07.1993. The reference Court eschewed Ex.X.1 from consideration on the ground that it pertained to a developed area. However, having referred to the other documentary evidence the reference Court baldly stated that the price of the acquired land could be worked out at Rs.70,000/- per acre as it was situated very near to a developed area having Industries etc. There is no discussion forthcoming from the order as to how the reference Court arrived at this figure. Needless to state, determination of the market value of the acquired land cannot be based on the ipse dixit of the reference Court. There is no indication from the record as to when the notification under Section 4(1) of the Land Acquisition Act, 1894 was issued. Ex.A.1 sale deed, which put the market value of the land at Rs.90,000/-per acre, was four years prior to the date of the Award. Ex.A.2 valuation certificate issued by the registration authorities, though not conclusive as to the market value, indicated that the market value as on the date of the passing of the Award was Rs.1,80,000/-. The crucial date being that of the notification under Section 4(1) of the Act of 1894, the reference Court ought to have worked out the market value of the land acquired in the light of the documentary evidence with reference to the said date. No such exercise is however manifest. Having mysteriously arrived at the figure of Rs.70,000/- per acre, which had no connection to the values under Exs.A1 and A2, the reference Court settled the issue. In the light of the exercise by the reference Court or rather, the lack of it, this Court is left with no option, but to remit the matter to the reference Court for consideration afresh. As the matter has been kept pending for a sufficiently long time, this Court is of the opinion that the reference Court should give priority to these cases and dispose of the same expeditiously, preferably within six months from the date of receipt of a copy of this order. The common order and decrees dated 29.04.2003 passed by the reference Court of the learned II Additional Senior Civil Judge, Vijayawada, in O.P.Nos.117, 103, 108, 106, 81, 110, 85, 82, 112, 107, 102, 86, 92, 95 and 109 of 1995 are accordingly set aside. The Appeals are allowed but in the circumstances, without any order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 18TH JANUARY, 2011. PGS