IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE TWENTY SECOND [22nd] DAY OF APRIL, TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE A.GOPAL REDDY & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2333 of 1998 & A.S.No.2630 of 1999 AS No.2333 of 1998: Between: The Land acquisition Officer cum Revenue Divisional Officer, Vikarabad … Appellant And: Chandraiah & 10 others … Respondents AS No.2630 of 1999: Between: The Land acquisition Officer cum Revenue Divisional Officer, Vikarabad … Appellant And: Bichappa & 11 others … Respondents THE HON’BLE SRI JUSTICE A.GOPAL REDDY & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2333 of 1998 & A.S.No.2630 of 1999 COMMON JUDGMENT: [per AGR, J] These two appeals, under Section 54 of the Land Acquisition Act, 1894, by the Land Acquisition Officer-cum-Revenue Divisional Officer, Vikarabad, challenging the enhancement of the compensation made by the learned Senior Civil Judge, Vikabarad in OP No.15 of 1994 and OP No.178 of 1989 dated 30.06.1998 and 28.01.1999, respectively, are heard together and disposed of by this common judgment. 2. In OP No.178 of 1989, various extents of land in Sy.Nos.61, 63, 65, 66, 72, 73, 74, 75 and 77 admeasuring Ac.0.04, 6.18, 7.06, 0.39, 1.19, 5.16, 7.17, 4.10 and 0.29 guntas respectively situate at Thummalapalli village, Marpally Mandal, were acquired for the purpose of submergence of Komshetpally project. The Draft notification under Section 4(1) of the Land Acquisition Act (for short ‘the Act’), was issued on 24.03.1988, whereas the possession of the lands was taken prior to issuance of notification on 21.12.1986. 3. Similarly, in OP No.15 of 1994, an extent of Ac.3.09 guntas of land in various Sy.Nos.70, 71, 72, 85, 87 and 88 of the same village were acquired for the purpose of R.F.Canal by issuing draft notification under Section 4(1) of the Act on 30.12.1991, whereas possession of the lands was taken on 01.08.1987. 4. The Land Acquisition Officer, after complying the due formalities by his award dated 28.08.1989, categorized the lands into three categories and fixed the market value of the acquired lands in OP No.178 of 1989, at Rs.6,000/-, Rs.5,750/- and Rs.5,500/- per acre. Similarly, for the lands acquired in OP No.15 of 1994, he fixed the market value of the acquired lands at Rs.5,750/- per acre. The claimants, having not satisfied with the fixation of the market value, sought for a reference and the same was referred to the Civil Court under Section 18 of the Act and on reference being made, the claimants examined PWs.1 and 2 in OP No.178 of 1989 and marked Ex.A.1 xerox copy of the registered sale deed. On behalf of the claimants in OP No.15 of 1994, PWs.1 and 2 were examined and Ex.A.1 registered sale deed was marked. On behalf of the referring Officer in both the OPs, one Samad khan, Senior Assistant was examined as RW.1 and Ex.B.1 award was marked. 5. The evidence adduced by the claimants clearly establishes that they used to raise commercial crops like Chilly, redgram, black gram in the acquired lands and that the village is having all modern facilities like electricity, telecommunication, schools and hospital etc. and they prayed for compensation at the rate of Rs.25,000/- per acre and separate compensation of Rs.700/- for each sendi tree in OP No.178 of 1989. PW.2 purchased an extent of Ac.1.00 of land in Sy.No.224 for a consideration of Rs.11,000/- per acre from Harijan Ratnaiah under registered sale deed Ex.A.1, the original of which was marked in OP No.171 of 1989. Thus, the land acquired under Ex.A.1 is also of the same village having similar potentialities and similar crop pattern is raised in the lands covered by Ex.A.1 sale deed. The lower Court, after taking into consideration the potentiality of the acquired land, assessed the market value on acreage basis, which also reflects the true market value as on the date of issuance of the notification. In view of the same, the lower Court fixed the compensation at Rs.10,000/- per acre, which is less than the market value prevalent as on the date of issuance of notification. 6. We see no merits in the appeals filed by the Land Acquisition Officer and both the appeals are accordingly dismissed, confirming the judgment and decree of the trial Court in both OPs. 7. Further, the Land Acquisition Officer who preferred appeal in AS No.2272 of 1999 against the compensation fixed the learned Senior Civil Judge, Vikarabad at Rs.10,000/- per acre for the acquired lands of the same village in OP No.171 of 1989, was dismissed by this Court on 23.03.1010, as the value of the appeal was only Rs.11,000/-. Viewed from any angle, the fixation of the market value by the lower court, does not call for any interference. __________________ A.GOPAL REDDY, J _____________________ G.V.SEETHAPATHY, J Date: 22.04.2010 Bss/lrkm