IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTIETH DAY OF JUNE, TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE N.V.RAMANA AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. NO. 42 OF 2001 AND CROSS OBJ (SR) NO. 11701 OF 2002 Between: Koti Narsaiah and others ..... Appellants (Respondents in Cross Objections) AND The Land Acquisition Officer, (Revenue Divisional Officer), Nagarkurnool, Mahboobnagar District .....Respondent/ Cross Objector The Court made the following: COMMON JUDGMENT: (per the Hon’ble Sri Justice N.V. Ramana) This appeal is preferred by the claimants under Section 54 of the Land Acquisition Act, 1894 (for short ‘Act’) questioning the order and decree dated 06.09.2000 passed by the learned Senior Civil Judge, Nagarkunool, Mahboobnagar District, in O.P.No.1 of 1995 seeking enhancement of market value from Rs.8,000/- per acre to Rs.12/- per Sq. yard while the cross objections are filed by the Land Acquisition Officer - Mandal Revenue Officer, Nagarkurnool, seeking to reduce the market value from Rs.8000/-to Rs.5,000/- per acre. The admitted facts are that an extent of Ac.9.20 guntas of land in Sy. Nos.176, 191 of Manthani village of Nagarkurnool Mandal, Mahboobnagar District belonging to the appellants – respondents was acquired by Government for the purpose of providing house sites to the weaker sections of Manthani village by issuing draft notification under Section 4(1) of the Act on 23.11.1992 and after conducting an enquiry, the Land Acquisition Officer passed the award, Ex.B-1 on 04.03.1993 determining the market value of the acquired land at Rs.5,000/- per acre. Dissatisfied with such determination of the market value, the claimants sought reference to the Civil Court under Section 18 of the Act claiming compensation at the rate of Rs.15/- per Sq. yard. Accordingly, the matter was referred to the Civil Court under Sec.18 of the Act. On behalf of the appellants – claimants before the Reference Court, claimant No.10 was examined as PW1 apart from examining another witness as PW 2 and marked Exs.A-1 to A-3. On behalf of the Respondent – Cross Objector, Mandal Revenue Officer was examined as RW-1 and copy of the Award was marked as Ex. B-1. On a consideration of the evidence available on record, the Reference Court enhanced the market value of the acquired land to Rs.8,000/- per acre apart from granting other statutory benefits under the Act. Aggrieved by the same, the present appeal is filed by the claimants and the Land Acquisition Officer preferred Cross Objections, as stated above. Heard learned counsel appearing for the appellants – claimants and the learned Government Pleader for Appeals appearing for the Cross Objector. It is contended by the learned counsel for the appellants that the Reference Court ought not to have discarded Exs.A-1 and A-2, under which the land was acquired by the Gram Panchayath Manthani, and the market value was fixed at Rs.12/- per Sq. yard. He also contends that the lands are potential being adjacent to the lands acquired under Exs. A-1 and A-2 and, as such, the claimants are entitled for the market value on yardage basis. Whereas, it is the contention of the learned Government Pleader that the court below having recorded a finding that the sale statistics reflected in the Award Ex.B-1 do not project the correct and comparative market value, is not justified in determining the market value at Rs.8,000/- without any basis. The Reference Court did not yield to the submission that the claimants are entitled to the market value on yardage basis on the premise that the acquired land is a large chunk of land whereas, the land acquired under Exs. A-1 and A-2 is of a smaller extent and, thus, they cannot be treated as the comparable sales. It is no doubt true that most of the sales reflected in Ex.B-1 Award, do show that the value of the land is more than Rs.5,000/-. The Respondent – Land Acquisition Officer has discarded certain sales on the ground that the cropping pattern is different and they are far from the acquired lands. Having perused the Award, Ex.B-1 and the evidence adduced on behalf of the Cross Objector, it is seen that the Land Acquisition Officer has admitted that the acquired lands are suitable for house sites being in close proximity to the village and surrounded by public utilities. Having regard to the fact that there is upward trend in the market value, we are of the considered opinion that the just and reasonable market value of the land acquired can reasonably be determined at Rs.9,000/- per acre. Accordingly, the market value of the acquired land is enhanced from Rs.8,000/- per acre to Rs.9,000/- per acre. The appellants – claimants are entitled to the other statutory benefits under the Act. The appeal is thus partly allowed. No order as to costs. Having allowed the appeal filed by the appellants – claimants in part, the Cross Objections should fail. Consequently, the Cross Objections filed by the Land Acquisition Officer, are dismissed. No costs. _________________ Justice N.V. Ramana __________________ Justice K.S. Appa Rao June 20, 2011 MAS.