IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND ELEVEN Present HON’BLE SRI JUSTICE G. BHAVANI PRASAD And HON’BLE SRI JUSTICE K.G. SHANKAR APPEAL SUIT No.1670 of 1998 Between: Miriyala Dharmareddy & another .. Appellants AND Revenue Divisional Officer-cum- Land Acquisition Officer, Kavali. .. Respondent AND APPEAL SUIT No.1673 of 1998 Between: Revenue Divisional Officer-cum- Land Acquisition Officer, Kavali. .. Appellants AND Miriyala Dharmareddy & another .. Respondent The Court made the following: HON’BLE SRI JUSTICE G. BHAVANI PRASAD And HON’BLE SRI JUSTICE K.G. SHANKAR APPEAL SUIT Nos.1670 and 1673 of 1998 JUDGMENT: (Per Hon’ble Sri Justice K.G. Shankar) The lands admeasuring Ac. 6.53 cents in three survey numbers in Singapet Village were acquired for providing house sites to the weaker sections. The Land Acquisition Proceedings were initiated for the acquisition and compensation at Rs.12,650/- per acre was awarded for the acquired lands. Not satisfied with the amount awarded, the claimants invoked Section 18 of the Land Acquisition Act, 1894. The dispute was referred to the Senior Civil Judge, Kovur. After recording the evidence of the claimants and the evidence of four others on behalf of the claimants and after recording the evidence of two witnesses on behalf of the Land Acquisition Officer, the reference Court determined the market value of the acquired property at Rs.27,000/- per acre. Additional market value at 12% from 11.09.1984 which was the date of first notification in this case till 31.01.1985 which was the date on which possession was taken was awarded. Solatium at 30% on the enhanced compensation and interest at 9% for the first year and at 15% from 31.01.1985 was granted by the reference Court. Aggrieved by the amount of compensation awarded by the reference Court, the claimants preferred the appeal. They claimed for the determination of the market value at Rs.60,000/- per acre. The Land Acquisition Officer was also aggrieved by the market value as determined by the reference Court. The Land Acquisition Officer in his turn preferred an appeal in A.S.No.1673 of 1998. This common judgment is disposing of both the appeals. 2. Sri B. Srinarayana, learned counsel advanced the submissions on behalf of the claimants, while Sri S.Md. Haneef, learned Assistant Government Pleader argued on behalf of the State. 3. The lands as already pointed out are situate in Singapet. They are in Survey Nos.4038/A2, 4038/B3 and 4039/3. While so, Ac. 6.05 cents in Survey Nos.4037/B2, 4038/A1 and 4038/B4 of Singapet Village were also acquired for the same purpose. A dispute arose regarding the market value of the property in that acquisition. The reference Court determined the market value at Rs.27,000/- per acre in that case, as in the present case. Hence, the sole claimant in that case preferred appeal in A.S.No.1678 of 1998 and where the Land Acquisition Officer in his turn preferred an appeal in A.S.No.1739 of 1998, a Division Bench of the High Court of Andhra Pradesh passed judgment on 02.07.2008 determining the market value at Rs.67,000/- per acre and directed that the claimant therein would be entitled to all other statutory benefits in accordance with the amended provisions of the Land Acquisition Act, 1894. 4. Admittedly, the present lands are situate adjoining the lands covered in the earlier case in A.S.Nos.1678 and 1739 of 1998. Added to it, in both the cases the primary document relied upon by the claimants is Ex.X-1. Ex.X-1 is common in this case as well as in the earlier Division Bench decision referred to. Ex.X-1 is the registration extract of a Sale Deed, dated 26.05.1980, by one Malireddy Narendranath Reddy in favour of one Changani Venkateswarlu Reddy. On the strength of this Sale Deed, deducting 40% towards the additional sale value and granting a marginal increase of 10% on the market value per annum, the Division Bench concluded the market value of the acquired land in the other case at Rs.1,00,000/- per acre. The Division Bench deducted 1/3rd of the same towards formation of roads and development and arrived at the approximate market value of the property in the other case at Rs.66,667/- and rounded off the same to the nearest Rs.1,000/-. Accordingly, the Division Bench of the High Court of Andhra Pradesh determined the market value of the neighbouring lands to the lands acquired in the present case at Rs.60,000/- per acre. 5. The value as adopted by an earlier Division Bench of this Court is bound to be accepted and acted upon. Added to it, the document relied upon in the earlier case is the same document relied upon by the claimants in the present case which is Ex.X-1. Consequently, the market value of the acquired property deserves to be determined at Rs.67,000/- per acre. 6. It may be noticed that A.S. Nos.1678 and 1739 of 1998 referred to earlier are from the orders of the reference Court in O.P.No.56 of 1992, on the file of the Senior Civil Judge, Kovur. The present appeals arise from the orders of the same reference Court in O.P.No.57 of 1992. The learned Senior Civil Judge, Kovur, referred to the contentions of the claimants and the awards passed under the Land Acquisition Act, 1894, in O.P.Nos.56 of 1992 and 57 of 1992 conjointly and also pointed out that the lands acquired in both the cases abut each other (vide para 10 of the impugned order). As already pointed out, the basis of the finding of the earlier Division Bench is Ex.X-1. The reference Court adverted to the same in the impugned order and found that Ex.X-1 was proved. Where Ex.X-1 in both the cases is one and the same and where the lands in the present case as well as the lands in the appeals before the Division Bench in A.S.Nos.1678 and 1739 of 1998 are adjoining and abutting each other, it is imperative that the value of the acquired property shall be determined at the same market value as the Division Bench determined in the earlier case at Rs.67,000/- per acre. 7. In the earlier case, the Division Bench granted market value at Rs.67,000/- per acre and also granted all benefits available under the amended provisions of the Land Acquisition Act, 1894, including additional compensation. The claimants in the present case indeed are entitled to the same. 8. In the result, A.S.No.1670 of 1998 is allowed in part. A.S.No.1673 of 1998 is found to be devoid of merits and is, accordingly, dismissed. Although the market value of the acquired property deserves to be determined at Rs.67,000/- as awarded in the earlier case, since the claimants themselves sought for enhancement of the market value to Rs.60,000/- per acre only, the market value of the acquired property in the present case is fixed at Rs.60,000/- per acre. The claimants are entitled to all the benefits under the amended provisions of the Land Acquisition Act, 1894, including additional market value. There shall be no order as to costs. _____________________ G. BHAVANI PRASAD, J _____________________ K.G. SHANKAR, J Date: 20th January, 2011 KL HON’BLE SRI JUSTICE G. BHAVANI PRASAD And HON’BLE SRI JUSTICE K.G. SHANKAR APPEAL SUIT Nos.1670 and 1673 of 1998 (Judgment of the Bench delivered by Hon’ble Sri Justice K.G. Shankar) Date: 20th January, 2011 KL