THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE K.S. APPA RAO A.S. No. 96 of 2003 JUDGMENT: (Per NVR,J) The Revenue Divisional Officer (L.A.O.), Nirmal, filed the present appeal against the judgment and decree dated 08.04.2002 passed in O.P. No. 40 of 1999 by the learned Senior Civil Judge, Nirmal. Brief facts of the appeal are that the lands of the respondents- claimants, to a total extent of Ac. 66-17 gts. situated at Dhani village, Sarangapur Mandal of Adilabad District, were acquired by the Government for the purpose of formation of new tank at Dhani village. Possession of the lands was taken over on 21.10.1992 and notification under Section 4(1) of the Land Acquisition Act, 1894, was issued on 22.04.1998. After following the due procedure prescribed, the Land Acquisition Officer has awarded compensation to the claimants at the rate of Rs.16,000/- per acre for the acquired lands and Rs. 500/- per tree standing thereon, vide award dated 23.03.1999. Not satisfied with the compensation awarded by the Land Acquisition Officer, the claimants sought reference of the matter to Civil Court under Section 18 of the Act. On the reference being made, the claimants filed a common claim statement before the reference Court, claiming compensation of Rs. 60,000/- per acre for the acquired lands and Rs. 4,000/- per tree standing thereon. Before the reference Court, R.Ws.1 and 2 were examined and Ex.B1 was marked on behalf of the claimants, while the Senior Assistant in the Office of R.D.O., Nirmal, was examined as P.W.1 and Ex. A1 was marked on behalf of the Referring Officer. The reference Court, having considered the stand of the parties and the oral and documentary evidence adduced on their behalf, awarded compensation at the rate of Rs. 25,000/- per acre for the acquired lands. So far as compensation for the trees standing on the acquired lands is concerned, the Court below held that the claimants are not entitled to separate enhancement of compensation for the trees. The reference Court also granted to the claimants, solatium at 30% and additional market value at 12% per annum on the enhanced compensation from the date of 4(1) notification till the date of award, and interest on the aggregate compensation including solatium from the date of taking possession till the date of payment, at 9% per annum for the first one year, and thereafter at 15% per annum, and accordingly disposed of the O.P., by the judgment under appeal. Contending that the reference Court erred in enhancing the compensation, by placing reliance on Ex.B1 document got marked by the claimants, and that the compensation granted by the reference Court is on higher side, and thus the judgment under appeal cannot be sustained, the Revenue Divisional Officer (L.A.O.), Nirmal, filed the present appeal. Heard the Assistant Government Pleader for Appeals appearing for the appellant and the counsel appearing for the claimants and perused the judgment under appeal and other material available on record. As can be seen from the judgment under appeal, the claimants, in support of their claim that the acquired lands are fertile lands and their market value at the relevant point of time was more than the market value fixed by the Land Acquisition Officer, have examined claimant No.1 as R.W.1, who deposed that Dhani village, where the acquired lands are situated, is ten kilometers away from Nirmal and is nearby the Mandal Headquarters, that they used to raise cotton, jowar, red gram and chilli crops in the acquired lands and get a net annual income of Rs. 20,000/- per acre, that adjacent land was sold at Rs.21,151/- per acre, in the year 1993, as is evident from Ex. B1, registration extract of sale deed dated 23.03.1993. To corroborate the evidence of R.W.1, the vendor of the land covered under Ex. B1 was examined as R.W.2, who deposed that he sold the adjacent land in an extent of Ac.2-08 gts. in Sy. No. 122 to one Malla Reddy, under Ex.B1 registered sale deed, at the rate of Rs. 21,151/- per acre. The genuineness of Ex. B1 document and the fact that Dhani village is situated about ten kms., away from Nirmal and is nearby the Mandal Headquarters, are not disputed. On the other hand, the Senior Assistant in the Office of R.D.O., Nirmal, who was examined as P.W.1, admitted that Dhani village has got irrigation facility and that there is day-to-day increase in the value of the lands at Dhani Village. This apart, as per the sale transactions at Serial Nos.30 and 35 as mentioned in Ex.A1, the value of the dry lands at Dhani Village in the years 1996 and 1997 was Rs. 34,222/- and Rs. 37,170/- respectively. The reference Court, having considered all these facts and having regard to the fact that the land in the vicinity was sold at Rs. 21,151/- per acre in the year 1993 under Ex.B1 document and 4(1) notification pertaining to the acquired lands was issued in the year 1998 and there was increase in the value of the lands situated at Dhani village, has enhanced the compensation for the acquired lands to Rs.25,000/- per acre, with which we find no fault, and in our considered opinion, no interference is warranted with the order under appeal. The appeal is devoid of merit and is accordingly dismissed, however, without costs. __________________ JUSTICE N.V. RAMANA ___________________ JUSTICE K.S. APPA RAO 11th July, 2011 IBL