HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.2760 OF 1999 Dt.28.9.2010 Between: Lachiya and others ..Appellants And Govt. of A.P., through Mandal Revenue Officer (LAO), Manoor Mandal, Medak District. ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.2760 OF 1999 JUDGMENT: (Per Sri Justice V.Eswaraiah) This appeal is directed against the order in O.P.No.1177 of 1987 on the file of the Additional District Judge, Medak at Sangareddy, dated 22.9.1997. Appellants herein are the claimants whose land to an extent of Ac.2.88 cents in Sy.No.17 situated at Mavinhally Village, Manoor Mandal, Medak District, was acquired for the purpose of house sites pursuant to the draft notification dated 22.1.1986 under Section 4(1) of the Land Acquisition Act (for short, the Act). After due enquiry, the Land Acquisition Officer passed award on 5.1.1987 fixing the market value at the rate of Rs.3,000/- per acre. The claimants claimed compensation at the rate of Rs.15,000/- per acre. On reference under Section 18 of the Act, the Reference Court fixed the market value at the rate of Rs.4,100/- per acre by the aforesaid order dated 22.9.1997. Aggrieved by the same, the claimants filed this appeal on various grounds contending that in the neighbouring village of Karasguthy the Land Acquisition Officer fixed meager value, but the Reference Court under Ex.A-1 in O.P.Nos.1179 of 1987 and 1180 of 1987 on the file of the very self-same court fixed the market value at Rs.8/- per sq.yard. Heard both the learned counsel. In the court below, claimant No.4 was examined as P.W.1. He stated that claimants 1 to 3 are his brothers and the aforesaid land belonging to them was acquired for house sites and the Land Acquisition Officer fixed meager market value at the rate of Rs.3,000/- per acre and they have received the compensation amount under protest and filed petition under Section 18 of the Act, upon which the Land Acquisition Officer referred the matter under the said O.P. It is stated that Mavinhally village is situated on the Narayankhed and Lathur interstate road and the land of the said village belonging to them is adjacent to Narayankhed interstate road, which are just abutting the residential area. There is heavy demand of the land for house sites. The lands at Karasguthy were also acquired by the Government during 1986 and the lands of Karasguthy and Mavinhally are similar in nature. On similar reference, the Reference Court by common order, dated 15.10.1996, fixed the market value at the rate of Rs.8/- per sq.yard in O.P.Nos.1179 of 1987 and 1180 of 1987, which are marked as Ex.A-1. In 1975 also certain lands of Karasguthy was also acquired wherein the market value was fixed at the rate of Rs.1.50 ps., per sq.yard under Ex.A-2 award. Under Exs.A-3 and A-4 an extent of 150 sq.yards at Karasguthy was purchased at the rate of Rs.3,000/-. It is stated that prior to the acquisition they were getting Rs.5,000/- per acre per annum. There is bank, post office, High school at Karasguthy village. It is stated that the Land Acquisition Officer discussed the sale transaction in the award, which shows the land value from Rs.2,500/- to Rs.6,000/-. P.W.2, the resident of Karasguthy village, was examined to show that the lands acquired under Ex.A-1 for which the market value was fixed at the rate of Rs.8/- per sq.yard are at a distance of one K.M. from Mavinhally village. The value of lands of Movinhally and Karasguthy is similar and one and the same. It is stated that Karasguthy is a big village than that of Mavinhally. The Gram Panchayat office for Mavinhally and Karasguthy was situated at Karasguthy only. He also admitted that there is Government Veterinary Hospital and a School at Karasguthy. P.W.3 is the resident of Karasguthy village and stated that he purchased the land under Ex.A-3 sale deed at Rs.3,000/-. R.W.1, the Mandal Revenue Officer examined on behalf of the Referring Officer, stated that the Land Acquisition Officer fixed compensation at the rate of Rs.3,000/- per acre as against the claim of the claimants at the rate of Rs.15,000/- per acre. It is stated that he has taken into consideration the sale of surrounding land in Sy.No.28 while fixing the compensation. It is stated that during the enquiry no sales were brought to the notice for awarding more compensation. Ex.B-1 is the award. According to him, Karasguthy is more than 4 K.Ms., away from Mavinhally and Karasguthy is a developed village than Mavinhally. In the cross-examination, it is admitted by him that Karasguthi and Mavinhalli are adjoining villages and the Gram Panchayat was one and the same earlier. He further admitted that he could not say whether the land of the claimants in Sy.Nos.30 and 17 are adjacent to interstate P.W.D. road. He has called for the statistics of surrounding survey numbers, but he could not obtain certified copies of sale deeds relied upon by him. It is stated that the lands nearer to P.W.D road would fetch higher price. It is admitted that the acquired lands are very suitable for house sites. The suggestion that the acquired lands are one K.M. away from Karasguthy village is denied. He admitted that there is increase in the value of the lands and he also passed award for Karasguthy lands and the notification is the same for the acquired lands at Karasguthy as well as Mavinhally. It is not in dispute that the lands of Karasguthy village and Mavinhally village are acquired for house sites only by the very self-same notification dated 22.1.1986. It is not in dispute that the Reference Court in respect of the acquired land of Karasguthy village has fixed the market value at Rs.8/- per sq.yard. The evidence available on record goes to show that the acquired lands are abutting to P.W.D road and they are suitable for house sites. It is also not in dispute that the value of the land is increasing day by day as is evident from Ex.A-2 under which the land was acquired in the year 1975 at Rs.1.50 ps., per sq. yard, whereas in the year 1996 the Reference Court fixed the market value at Rs.8/- per sq. yard. According to the claimants the distance between Mavinhally village and Karasguthy villages is one K.M., but according to the Land Acquisition Officer the distance is 4 K.Ms. But, it is not in dispute that the lands of both the villages are abutting and similar in nature. The value of the land acquired for house sites in Karasguthy village would double than the land acquired in Mavinhally village in view of its potentiality. Therefore, we are of the opinion that it is just and proper to fix the market value at the rate of Rs.4/- per sq.yard. If that be so, per acre it comes to Rs.19,360/- and if 1/3rd is deducted for development works, laying roads etc., the market value comes to Rs.12,906/- per acre. Accordingly, we fix the market value at the rate of Rs.12,906/- per acre, which is rounded of to Rs.12,900/- per acre. Accordingly, the claimants are entitled to compensation at the rate of Rs.12,900/- per acre. Apart from that, the claimants are also entitled to all other statutory benefits. The appeal is accordingly allowed to the extent indicated above. No order as to costs. ________________ V.ESWARAIAH, J. ________________ NOUSHAD ALI, J. 28.9.2010 kpr