THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.Nos.1221 and 1222 of 2000 COMMON JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) Since these appeals arise out of a common order, dated 31- 01-2000, passed in O.P.Nos.40 and 41 of 1991 respectively on the file of the Senior Civil Judge, Narsapur, the same are heard and taken up together for disposal by way of common judgment. The appellants, who are claimants, filed these two appeals, aggrieved by the common order, dated 31-01-2000, passed in O.P.Nos.40 and 41 of 1991 respectively, rejecting their claim petitions for enhancement of compensation under Section 18 of the Land Acquisition Act. The Land Acquisition Officer acquired the land admeasuring Ac.4-49 cents in R.S.No.738/1A consisting of various sub-divisions situated at Achanta village and mandal, West Godavari District, for the purpose of establishment of Agricultural Market Yard, pursuant to 4(1) Notification, dated 05-09-1989, and passed an award fixing the market value @ Rs.49,000/- per acre. Aggrieved thereby, the claimants sought reference under Section 18 of the Land Acquisition Act. On reference, the Reference Court by impugned order, dated 31-01-2000, dismissed the said O.Ps., Aggrieved by the same, the claimants filed the present appeals. On behalf of the claimants, PWs.1 to 11 were examined and Exs.A-1 to A-8 were marked. On behalf of the Land Acquisition Officer, RWs.1 and 2 were examined and Ex.B-1-registration extract of sale deed, dated 12-06-1988, was marked. The claimants relied on Exs.A-2, A-6, A-7 and A-8 in support of their oral evidence adduced before the Reference Court and contended that sale transactions covered by Exs.A-6, A-7 and A-8 reflects the sale of the land @ Rs.1,00,000/- per acre, but whereas Ex.A-2 sale deed reflects sale transaction @ Rs.1,21,000/- per acre. All the said sale transactions have been discarded by the Reference Court on the ground that the claimants were aware about the proposal of acquisition for establishment of the Agricultural Market Yard. It is also pertinent to note that even the Land Acquisition Officer has considered various sale deeds, which reflect the sale transactions @ Rs.49,000/- and Rs.50,000/- per acre and some of the sale transactions also reflect more than Rs.1,00,000/- per acre. Further, in the year 1987, the land admeasuring 3 cents was sold @ Rs.1,90,000/- per acre and in the year 1988, the land admeasuring 39 cents was sold @ Rs.1,48,700/- per acre. But the sale transaction of 39 cents, which was sold @ Rs.1,48,700/-, was discarded on the ground that the said land was sold for the purpose of extension of petrol bunk. In the year 1989, the land to an extent of 10 cents was sold for a sum of Rs.1,00,000/-, but the Land Acquisition Officer has only relied upon the sale transaction that took place in the year 1989. Learned counsel appearing for the claimants fairly submits before this Court that they are not placing reliance either with regard to sale transaction of 39 cents, which was sold @ Rs.1,48,700/- or 3 cents which was sold @ Rs.1,90,000/-, but all the sale transactions covered by Exs.A-6, A-7 and A-8 uniformly indicates that 49 cents was sold @ Rs.49,000/-, 40 cents was sold @ Rs.40,000/- and 30 cents was sold @ Rs.30,000/-. It is further stated that the Reference Court has not specifically assigned any reasons for discarding the aforesaid sale transactions, but vaguely averred that the claimants were aware about acquisition of lands three years prior to 4(1) Notification for the purpose of establishment the Agricultural Market Yard. Admittedly, the sale transactions covered under Exs.A-2 and A-6 to A-8 are situated in Sy.Nos.738 and 739 and the land which was acquired in the instant case is situated in Sy.No.738. Even according to the oral evidence, the lands covered by the aforesaid sale deeds are 200 yards away from the acquired land. The lands covered by the aforesaid sale transactions as well as the land in question are wet lands surrounded by houses. It is stated that Achanta village is a mandal head quarter and business concerns are situated in and around the land and the land has got the potentiality for house sites and similar lands were sold two years prior to 4(1) Notification @ Rs.1,00,000/- per acre. Therefore, we are of the opinion that there cannot be any justification in discarding the sale transactions covered by Exs.A-2, A-6, A-7 and A-8. However, we are of the opinion that instead of relying on Ex.A-2, which reflects the small extent of 16 ½ cents, we deem it fit and proper to rely on Exs.A-6, A-7 and A-8 and fix the market value @ Rs.66,000/- per acre, after deducting 1/3rd towards developmental charges. Accordingly, the appeals are allowed fixing the market value @ Rs.66,000/- per acre. The claimants are also entitled for all other statutory benefits on the enhanced compensation. There shall be no order as to costs. ________________ V. ESWARAIAH, J ________________ NOUSHAD ALI, J. Dated: 20-10-2010. Prv