HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1258 OF 1999 Dated: 29-03-2010 Between: Nyamathulla @ Bademia Appellant AND The Sub-Collector & Land Acquisition Officer, Nandyal, Kurnool District & Another. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1258 OF 1999 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal is preferred by the claimant under Section 54 of the Land Acquisition Act, 1894 (for short ‘Act’) questioning the order and decree of Subordinate Judge, Nandyal, Kurnool District made in O.P.No.179 of 1986, dated 11.11.1997. An extent of Ac.2.28 cents of land in Nandyal Town including Ac.0.04 cents covered by the present O.P. was acquired by Government for formation of bye-pass road connecting Sreenivasanagar road and Atmakur road, by issuing draft notification under Section 4(1) of the Act, which was published in A.P. Gazette on 10.2.1981. The Land Acquisition Officer, after conducting due enquiry and after obtaining necessary sale statistics, passed an award on 17.8.1984 fixing the market value of the acquired land at Rs.1,000/- per cent with statutory solatium, and thereafter, possession of the land was taken on 25.9.1984. Aggrieved by the said fixation of the market value, the claimant filed an application under Section 18 of the Act for referring the matter to the civil Court for due determination of the market value of the acquired land. On reference being made, the claimant appeared before the reference Court and filed claim statement claiming compensation at the rate of Rs.60,000/- per cent for the acquired land and Rs.20,000/- towards the cost of construction made by the claimant. In order to prove the market value, the claimant himself examined as R.W.1 apart from examining two more witnesses as R.Ws.2 and 3, but did not adduce any documentary evidence. On behalf of referring officer, P.W.1 was examined and the copy of award was marked as Ex.A.1. The reference Court after analyzing the oral evidence adduced by the claimant, observed that for the acquisition of Ac.2.28 cents of land, there were 20 references and in all the O.Ps., R.Ws.2 and 3 gave evidence stating that there were about 10 or 12 coconut trees and cattle shed worth of Rs.50,000/- in the fields of each of the claimant, and considering the said aspect, it was of the opinion that their evidence cannot be believable, since if their version were to be accepted as true, there must have been more than 200 coconut trees and 20 cattle shed in the total extent of Ac.2.28 cents. Though the claimant claimed to have purchased the acquired land to an extent of Ac.0.05 cents under a registered sale deed for a consideration of Rs.3,000/- in the year 1971, he could not file the said copy of sale deed to substantiate his plea. Since the claimant failed to produce the copy of registered sale deed under which he purchased Ac.0.05 cents, to prove that in the year 1971, the market value of the acquired land was Rs.600/- per cent, the reference Court confirmed the fixation of the market value as fixed by the Land Acquisition Officer, but however, awarded higher rate of solatium and interest at 6% per annum from the date of taking possession till the payment of compensation. Heard the learned counsel for the appellant-claimant as well as learned Government Pleader for Land Acquisition Officer. Perused the material available on record. Since the appellant-claimant miserably failed to establish that the prevailing market value of the acquired land as on the date of acquisition was at Rs.60,000/- per cent or more than the compensation that was awarded by the Land Acquisition Officer, the reference Court rightly confirmed the market value as has been fixed by the Land Acquisition officer, but however, it has not justified in restricting the interest at 6% per annum from the date of taking possession i.e. from 25.9.1984 till the payment. When the notification under Section 4(1) of the Act itself was issued on 10.2.1981 and that the reference was pending consideration when the Bill was introduced in the Parliament for amending the Land Acquisition Act by Act No.68 of 1984, the appellant-claimant is entitled to interest at 9% per annum on the compensation awarded from the date of taking possession i.e. from 25.9.1984 for a period of one year and thereafter at 15% per annum till the payment. Accordingly, the decree of the reference Court is modified as indicated above. Subject to the modification in the rate of interest, the appeal is dismissed confirming the decree of the reference Court in all other aspects. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ MARCH 29, 2010 G.V. SEETHAPATHY, J. Tsr.