IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO APPEAL SUIT NO : 552 of 1997 Between: The Special Deputy Collector, Land Acquisition Unit, Huzurabad. ..... APPELLANT AND 1. Chinthala Danaiah and others. .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO APPEAL SUIT NO :552 of 1997 JUDGMENT: (Per Hon’ble Sri Justice Ghulam Mohammed) This appeal is filed by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act”), assailing the order, dated 22.6.1995 passed by the Subordinate Judge, Karimnagar in O.P.No.77 of 1988 whereby the reference court answered the reference in favour of the respondents-claimants enhancing and fixing the value of the acquired land at the rate of Rs.12,000/-per acre. The brief facts of the case are as follows: The land of the claimants, admeasuring Ac.7.31 guntas, situated in the limits of Molangur and Metpalli villages, was acquired for the purpose of excavation of canal. The draft notification as required under Section 4(1) of the Act had been published in the A.P. Gazette No.73, dated 7.2.1985. The Land Acquisition Officer after completing all the required formalities under the Act and taking into consideration the sale statistics for the period from 25.4.1982 to 24.9.1985, passed award dated 21.9.1987 fixing the market value at the rate of Rs.7,000/- per acre in respect of the lands pertaining to Molangur village and at the rate of Rs.5,100/- in respect of the lands pertaining to Metpalli village. Apart from the land value, 30% solatium, 9% and 15% interest from the date of taking over possession of the acquired land, are also awarded. Having not satisfied with the fixation of the market value, the claimants sought for reference to the Civil Court under Section 18 of the Act and hence, a reference was made. Before the reference court, on behalf of the claimants, P.Ws.1and 2 were examined and Exs.A1 and A2 were marked. On behalf of the Land Acquisition Officer, Ex.B1 was marked and no oral evidence was adduced. Ex.A.1 is the certified copy of registered sale deed dated 18.6.1984 in respect of the lands situated at a distance of one furlong from the acquired lands. Ex.A2 is the certified copy of order in O.P. No.80 of 1988 on the file of the Subordinate Judge, Karimnagar. The reference Court having relied upon Exs.A1 and A2, fixed the market value of the acquired land at the rate of Rs.12,000/- per acre. Aggrieved by the same, the Land Acquisition Officer preferred the present appeal. Heard and perused the material available on record. It is contended by the learned Government Pleader that the reference Court erred in enhancing the compensation for the acquired lands and the order of the reference Court suffers from material irregularity. Now, the point that arises for consideration in this appeal is whether the order of the reference Court suffers from any irregularity. The lands of the claimants, which are situated in two different areas viz., Molangur and Metpalli villages, are acquired for the purpose of excavation of canal. P.W.2, who is the son of the vendor under Ex.A1, deposed that the land under Ex.A1 is at a distance of one furlong from the acquired lands and both the lands viz., land covered under Ex.A1 and the acquired lands are similar in nature, fertility and market value. The evidence adduced by the respondents-claimants establishes that the land covered by Exs.A1 sale deed is within the vicinity of the acquired land and the sale transaction under Exs.A1 was made for consideration of Rs.40,000/- per acre. From the evidence on record, it is obvious that the lands acquired under Ex.A2 and the lands acquired in the present appeal belong to the same village. Apart from that, the order in Ex.A2 was not challenged and the same has attained its finality. The reference Court after considering all these aspects and relying upon Exs.A1 and A2, fixed the market value of the acquired land at the rate of Rs.12,000/- per acre, which, in all probability reflect the true market value prevailing as on that date. In these circumstances, we have no hesitation to hold that the order under appeal do not suffer from any irregularity, warranting interference by this court. Accordingly, the point is answered. In the result, the appeal is dismissed confirming the order of the learned Subordinate Judge, Karimnagar in O.P.No.77 of 1988. There shall be no order as to costs. ____________________________ Justice Ghulam Mohammed ________________________________ Justice Nooty Ramamohana Rao Date: 26.10.2009 Nn THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO APPEAL SUIT NO : 552 of 1997 (Judgment delivered by Hon’ble Sri Justice Ghulam Mohammed) 26.10.2009