THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR A.S.NOs. 91 of 1998, 642, 797, 2135 of 2003 and CROSS OBJECTIONS (SR) NOs. 12962 and 12963 of 2005 Date of Disposal: 18.2.2010 Between: Vennavalli Seshagiri Rao …Appellant and Land Acquisition Officer …Respondent THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR A.S.NOs. 91 of 1998, 642, 797, 2135 of 2003 and CROSS OBJECTIONS (SR) NOs. 12962 and 12963 of 2005 COMMON JUDGMENT: (Per Hon’ble Sri Justice A. Gopal Reddy, J) 1. These appeals and cross-objections arise out of the same land acquisition notification and same award passed by the Land Acquisition Officer and as such they are being disposed of by this common judgment. 2. A total extent of 10-78 cents of land in R.S.Nos. 780, 781/1A and 784 situated at Eluru belonging to the claimants was acquired by the Government for the purpose of providing house sites to weaker sections vide notification under Section 4 (1) of the Land Acquisition Act (for short “the Act”), dated 30.1.1982. Possession of the land was taken on 20.6.1982 and after award enquiry and after referring to nine sale transactions three years prior to the notification under Section 4 (1) of the Act, the Land Acquisition Officer fixed the market value of the acquired land at Rs.42,350/- per acre vide Award No. 7/82, dated 20.12.1982. The claimants, having not been satisfied with the compensation awarded by the Land Acquisition Officer, sought for reference to the Civil Court under Section 18 of the Act. An extent of Ac.2-33 1/4th cents in RS Nos. 780 and 781/1A belonged to the claimant in OP No. 69 of 1984, an extent of Ac.2-33 1/4th cents in RS Nos. 780 and 781/1A belonged to the claimant in OP No. 70 of 1984 and an extent of Ac.2-32 3/4th cents in RS Nos. 780 and 781/1A belonged to the claimant in OP No. 71 of 1984. On reference being made to it, the Civil Court, by common order dated 22.4.1997 fixed the market value of the acquired land at Rs.75,000/- per acre with all statutory benefits. Feeling aggrieved by the said order, the claimants in OP Nos. 69 and 70 of 1984 filed AS Nos. 971 and 1256 of 1997 respectively which were allowed by this Court vide order dated 13.6.2000 and the matter was remitted to the Reference Court for a fresh decision after giving an opportunity to both the parties to adduce further evidence. Similarly the claimant in OP No. 71 of 1984 also filed an appeal vide AS No. 1255 of 1997 which was also allowed by this Court on 18.12.2000 remitting the mater to Reference Court. On remitting the matter to it, the Reference Court, by common order in OP Nos. 69, 70 and 71 of 1984, dated 22.10.2002, fixed the market value of the acquired land at Rs.50/- per sq. yard with all statutory benefits. Feeling aggrieved by the said common order, the Land Acquisition Officer has filed appeals vide A.S.Nos. 642, 797 and 2135 of 2003 and the claimants in OP Nos. 69 and 70 of 1984 have filed cross-objections in A.S.Nos. 797 and 2135 of 2003 vide cross-objections (SR) Nos. 12962 and 12963 of 2005 respectively. 3. Another extent of Ac.2-32 ½ cents of land in R.S.Nos. 780 and 781/1A belonging to the claimant in OP No. 124 of 1984 was also acquired by the aforesaid notification and award, and on reference being made to it, the Civil Court fixed the market value of the acquired at Rs.75,000/- per acre with all statutory benefits, by order dated 25.4.1997. The claimant in the said OP, having not been satisfied with the market value fixed by the Civil Court, has filed AS No. 91 of 1998. All the appeals and cross-objections are being disposed of by this common judgment. 4. We have heard the learned counsel for the claimants- appellant and also claimants-cross-objectors and the learned Government Pleader for Land Acquisition. 5. The learned Government Pleader for Land Acquisition has fairly conceded that in AS No. 1351 and 1445 of 1991 an extent of Ac.1-46 cents of land situated at Eluru Town was acquired by the very same notification under Section 4 (1) of the Act, dated 30.1.1982 and the same award, dated 20.12.1982, whereby the Land Acquisition Officer fixed the market value of the acquired land at Rs.8-75 ps. per sq. yard and on a reference, the same was enhanced to Rs.50/- per sq. yard by the Civil Court. Aggrieved by the award enhancing the compensation, the Land Acquisition Officer filed AS No. 1445 of 1991 and the claimant filed AS Nos. 1351 of 1991 for enhancing the compensation at Rs.100/- per yard. This Court, after considering the evidence adduced by the parties, found that in OP No. 13 of 1982-Ex.A12 the land was acquired in 1977 which was adjacent to the acquired land and the compensation was fixed at Rs.35/- per sq. yard for the gross area and the said land was acquired five years prior to the acquired land and held that adding Rs.25/- i.e., Rs.5/- per annum for five years per sq. yard, to Rs.50/- per sq. yard as fixed in OP No. 13 of 1982, the market value for the acquired land will come to Rs.75/- per sq. yard and in Municipalities 1/3rd area had to be deducted towards roads and development and after deduction of Rs.25/-, the net rate would be Rs.50/- per sq. yard. Accordingly this Court confirmed the market value fixed by the Civil Court and dismissed the said appeals. Following the same judgment, which was marked as Ex.A38 in OP Nos. 69, 70 and 71 of 1984 the Civil Court fixed the same market value at Rs.50/- per sq. yard for the acquired land. In view of the same, the claimant in OP No. 124 of 1984 is entitled to Rs.50/- (Rupees Fifty only) per sq. yard as against Rs.75,000/- per sq. yard as awarded by the Reference Court. 6. In the result, AS No. 91 of 1998 is allowed fixing the market value of the acquired land at Rs.50/- (Rupees Fifty only) per sq. yard with all statutory benefits. The claimant is entitled to additional market value under Section 23 (1A) of the Act from the date of notification till the date of taking possession of acquired land, whichever is earlier and also 30% solatium on the enhanced compensation amount and interest at 9% per annum on the enhanced compensation for a period of one year from the date of taking possession and thereafter at 15% per annum till realization. 7. AS Nos. 642, 797 and 2135 of 2003 and cross objections (SR) Nos. 12962 and 12963 of 2005 are dismissed, confirming the market value of the acquired land fixed by the Civil Court. No costs. _______________________ JUSTICE A. GOPAL REDDY ________________________________ JUSTICE VILAS V. AFZULPURKAR Dt.18.2.2010 KR