IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR LAND ACQUISITION APPEAL SUIT NO : 35 of 2007 (Appeal under Section 54 of the Land Acquisition Act, 1894 against the judgment and decree dated 20/09/2006 in OP No : 146 of 1998 on the file of the court of the Senior Civil Judge, Gadwal) Between: The Land Acquisition Officer Mandal Revenue Officer, Gattu, Mahabubnagar Dist ..... APPELLANT AND M. Hampanna (died) per LR Maldakantaiah S/o Late Hampanna R/o Penchikalapad Village, Gattu Mandal, Mahabubnagar Dist .....RESPONDENT Counsel for the Appellant: GP FOR APPEALS Counsel for the Respondent : MR.S.VENKATESWARA REDDY The Court Delivered the Following JUDGEMENT:-- THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR L.AA.S.No.35/2007 JUDGMENT (Per the Hon’ble Sri Justice B.CHANDRA KUMAR) This appeal is directed against the order dt. 20-9-2006 made in OP No.146/1998 on the file of Senior Civil Judge, Gadwal. Brief facts of the case are as follows: An extent of Ac.2-00 of dry land situated in the limits of Penchikalpad village in S.Nos.4 and 5 was acquired for providing house sites to the weaker sections Penchikalpadu village. Draft notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short “the Act”) was published in the District Gazette on 20-6-1986 and possession of the land was taken over on 7-11-1986. The Land Acquisition Officer by his award dt. 7-11-1986 fixed the market value of the acquired land at Rs.4,000/- per acre. The claimants who were not satisfied with the said award sought for reference under Section 18(1) of the Act seeking compensation at the rate of Rs.35,000/- per acre. The original claimant died and his son was brought on record as the legal representative of the original claimant. The son of the original claimant himself was examined as P.W.1, another witness was examined as P.W.2 and Exs.A-1 and A-2 were marked in support of the claim of the claimants. On behalf of the Land Acquisition Officer, MRO was examined as R.W.1 and a copy of the award No.4/1986 dt. 7-11-1986 was marked as Ex.B-1. The reference court on appreciation of the evidence and considering the fact that the acquired lands are similar in nature and fertility and the value with the lands which were acquired under Ex.A-1 fixed the market value at Rs.22,500/- per acre. Learned Government Pleader submits that the order of the reference court is erroneous and contrary to the weight of evidence on record. It is also his submission that the acquired lands are situated at Village Penchikalpad and the lands under Exs.A-1 and A2 relate to Gattu Mandal and therefore the reference court ought not to have relied upon Exs.A-1 and A-2 for fixing the market value of the lands acquired. It is also his submission that the reference court has not considered the proximity and comparability of the lands under Exs.A-1 and A-2 with the acquired lands. The learned counsel for the claimants supported the order of reference court and submitted that the value fixed for the neighbouring land is a relevant and can be taken as comparable sale. Te only point that arises for consideration is whether the order of reference court enhancing the compensation requires interference? It is an admitted fact that the lands were acquired for providing house sites to the weaker sections at Penchikalpad village. It is not in dispute that Gattu village is adjacent to the Penchikalpad. As seen from the evidence of P.W.1, the acquired lands are adjacent to the village and fit for house sites and the Land Acquisition Officer had not considered the potentiality of the acquired land as house sites while fixing the market value. According to him, the Government by notification under Sec.4(1) dt. 2-8-1985 had acquired the lands for house sites, which is abutting to the lands acquired in Gorlakhandoddi village and on reference, the reference court by award dt. 26-4-1995 in OP No.2/88 fixed the compensation at Rs.22,500/- per acre. According to P.W.1, the matter was carried appeal in AS No.923/95 by the Land Acquisition Officer and the same was dismissed by this Court confirming the award passed in OP No.2/88. Ex.A-1 is the certified copy of orders in OP No.2/88 dt. 26-4- 1995 and Ex.A-2 is the certified copy of judgment in AS No.923/1995 dt. 16-3-2004. Moreover, the Land Acquisition Officer examined himself as R.W.1 categorically admitted that the acquired lands are adjoining to the village and road. He has also admitted that the lands in Gattu Mandal, which are acquired in the above referred proceedings are similar in nature and fertility. P.W.2-K.Masthan is a party to Exs.A-1 and A-2 proceedings. In view of the admission by R.W.1 that the acquired lands under the present acquisition and the lands covered by Exs.A-1 and A-2 are similar in nature, fertility and its value, we are of the opinion that the reference court is justified in awarding compensation at Rs.22,500/- per acre basing on Exs.A-1 and A-2.Ther reference court has already observed that the claimant is entitled to the benefits underSecs.23(1-A) , 23(2) and 28 of the Act. In view of the above discussion, we are of the view that there are no merits in the appeal and the appeal is liable to be dismissed. In the result, the appeal is dismissed. No costs. __________________ A. GOPAL REDDY, J ____________________ B.CHANDRA KUMAR,J Date:24-8-2009 kmr