THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO L.A.A.S. No.252 OF 2008 JUDGMENT: (Per the Hon’ble Sri Justice N.V. Ramana) The Land Acquisition Officer-Special Deputy Collector, L.A. Unit, P.J. Project, Gadwal, filed this appeal challenging the order, dated 28.12.2007 passed by the learned Senior Civil Judge, Gadwal, in O.P.No.22 of 2004. The brief facts of the case are as follows: The Government of A.P. acquired land of extents of Ac.0.18 guntas and 0.04 guntas comprised in S.No.76/5, dry, situated at Guntipally village of Atmakur Mandal, belonging to the claimants, by publication of notification under Section 4 (1) of the Act, dated 15.2.2000 for the purpose of Tail Channel of UT’s of D6 of PJP. The possession of the land was taken on 21.6.1996. The Land Acquisition Officer passed the award on 16.8.2002 fixing the market value of the land at the rate of Rs.25,000/- per acre. Being dissatisfied with the compensation awarded, the claimants sought for reference under Section 18 of the Act. On reference being made, the claimants appeared before the Court below and filed claim statements claiming compensation at the rate of Rs.1,00,000/-per acre for dry lands and Rs.1,20,000/- per acre for wet lands on the ground that the lands under acquisition are fit for raising of commercial crops such as groundnut, chillies and paddy etc. Before the Court below, the 1st claimant was examined as P.W.1 and one Gaddam Gattanna was examined as P.W.2 and Exs.A1 to A4 were marked on behalf of the claimants. On behalf of the Referring Officer, R.W.1 was examined and Exs.B1 document was marked. The Court below while placing reliance on Ex.A4-common order in O.P.No.46 of 2004 and batch, dated 28.7.2006, answered the reference as follows: (i) The market value is fixed at Rs.63,780/- per acre for the lands under acquisition treating them as I.D. lands. (ii) In addition to the market value a sum calculated at 12% p.a., is awarded on market value from the date of Section 4(1) notification i.e., 15.2.2000 till the date of award; (iii) Solatium of 30% on the enhanced market value is awarded; (iv) Interest on enhanced market value, solatium and additional market value at the rate of 9% p.a., from 15.2.2000 for a period of one year and 15% p.a., thereafter till payment. (v) The claimants are entitled to the costs. Advocate’s fee is fixed at Rs.1,000/-. Aggrieved by the same, the present appeal is preferred by the Government. Heard and perused the material available on record. The learned Assistant Government Pleader for Appeals submitted that the land acquisition officer has rightly fixed the compensation and that the Court below ought not to have interfered with the award. On the other hand, the learned counsel appearing for the respondents/claimants contended that the trial Court has rightly fixed the market value of the acquired land and there are no grounds to interfere with the same. It is the case of the claimants that Guntipally village is surrounded by Motlampally, Medpally, Atmakur, Jurala and Mulamalla and the lands under acquisition are ID lands and they used to raise commercial crops such as groundnut, chillies and paddy. The evidence of P.Ws.2 goes to show that his land situated at Motlampally village was acquired and market value of the same was enhanced to Rs.60,750/- per acre. R.W.1 admitted that Guntipally and Motlampally villages are situated abutting each other. In view of the evidence of P.W.2 and R.W.1, it can be said that the lands under acquisition are ID lands. Further, Ex.A4 goes to show that the market value of the lands in Motlampally village was enhanced to Rs.60,750/-, basing on Exs.A1 to A3-orders concerning lands of Medpally village and giving escalation at 10% p.a., from 6.4.1989 to 10.8.1999. The learned Government Pleader has not disputed the fact that Ex.A4 order was passed on the strength of Ex.A3-order passed by this Court in A.S.No.1447 of 1994, dated 8.7.1996. In view of the above circumstances and since it is established that the lands are ID lands, we hold that Ex.A4 can be taken as comparable transaction. But however, the land in question was acquired on 15.2.2000 i.e., six months after notification of Motlampally village. Considering all the above aspects into consideration, the Court below enhanced the compensation to Rs.63,780/- by giving escalation of 10% p.a., on Rs.60,750/- per acre. Therefore, we feel that the Court below has rightly adjudicated the matter and that the compensation fixed by the Court below does not warrant any interference by this Court. In the result, the appeal is dismissed. There shall be no order as to costs. _____________ N.V.RAMANA, J ______________ K.S. APPA RAO, J Dated: 20.07.2011 Nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO L.A.A.S. No.252 OF 2008 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 20.7.2011 Nn