THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR L.A.A.S.No.55 of 2007 Date: 25.08.2009 Between: The Land Acquisition Officer, Mandal Revenue Officer, Gattu …. Appellant And Narsimha Reddy and others …. Respondents Counsel for the Appellant: G.P for Land Acquisition Counsel for the Respondents: Sri S. Venkateswara reddy THE COURT MADE THE FOLLOWING: JUDGMENT (Per the Hon’ble Sri Justice B. Chandra Kumar) This appeal is directed against the order, dated 20.09.2006 passed by the Senior Civil Judge, Gadwal (hereinafter referred to as ‘the reference Court’) in O.P.No.144 of 1998, whereby and whereunder the reference Court enhanced the compensation from Rs.2,500/- per acre to Rs.8,000/- per acre. The brief facts of the case are as follows: An extent of Acs.1.60 cents of dry land situated in the village limits of Nallagatla Thanda, Hamlet of Aloor Village, Ghattu Mandal in Survey No.255/5 was acquired for the purpose of providing house sites to the weaker sections of the community. Draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was published in the District Gazette on 09.01.1984. The Land Acquisition Officer, after following the usual procedure, fixed the market value of the acquired land at Rs.2,500/-per acre. The claimants, who were not satisfied with the awarding of market value by the Land Acquisition Officer, filed protest petitions and sought reference under Section 18 (1) of the Act to the Civil Court. Accordingly, the matter was referred to the Civil Court. The claimants claimed the compensation at Rs.8,000/- per acre. As the original claimant died, claimants 2 to 5 were brought on record as his legal representatives. On behalf of the claimants, the second claimant was examined as P.W.1 and one K.Bheemanna was examined as P.W.2 and Exs.A.1 and A.2 were marked. On behalf of the Land Acquisition Officer, he examined himself as R.W.1 and copy of Award No.15/1984 dated 20.02.1984 was marked as Ex.B.1. The reference Court, considering Exs.A.1 and A.2 i.e., certified copies of the orders in O.P.No.15 of 1990, dated 01.02.1996 and in A.S.No.1331 of 1996, dated 18.10.1998, wherein this Court finalized the market value at Rs.18,000/- per acre for the lands adjacent to the acquired land though in different village, and since the claimants claimed only Rs.8,000/- per acre, fixed the market value of the acquired land at Rs.8,000/- per acre. The only point raised by the learned Government Pleader for Land Acquisition is that the lands acquired under Exs.A.1 and A.2 are situated in different village, and therefore, the reference Court ought not to have relied on the said exhibits in fixing the market value of the acquired land. The only point that arises for consideration is whether the enhancement made by the reference Court from Rs.2,500/- per acre to Rs.8,000/- per acre is just and reasonable and whether the order of the reference Court has to be set aside in the facts and circumstances of the case. As seen from the evidence of P.W.1, she has categorically deposed that the acquired lands are adjacent to the village and they are acquired for the purpose of providing house sites, and that the Land Acquisition Officer fixed the market value without considering the potentiality of the acquired land as house site. She also deposed that the land at Kuchinerla Village, which is a contiguous shivar to the acquired land, was acquired for the purpose of formation of a tank and that for the said land, the Land Acquisition Officer awarded compensation at Rs.2,000/- per acre. The reference Court enhanced the compensation to Rs.20,000/- per acre in O.P.No.15 of 1990, and in A.S.No.1331 of 1996, this Court reduced the market value to Rs.18,000/- per acre. P.W.2, who is a party to Exs.A.1 and A.2 proceedings, deposed that the proceedings under the said exhibits are true and correct. The Land Acquisition Officer, who was examined as R.W.1, admitted that the acquired lands are adjacent to the village and road and that all the lands in Gattu Mandal are similar in nature, fertility and market value in respect of dry lands. Thus, the evidence of P.Ws.1 and 2 and Exs.A.1 and A.2 prove that the lands which are subject matter in O.P.No.15 of 1990 are in contiguous shivar to the acquired land though situated in different village and that the market value to the lands covered by the said exhibits was finally fixed at Rs.18,000/- per acre. The evidence of R.W.1 itself shows that the nature, fertility and the market value of the lands acquired and the lands under the proceedings in Exs.A.1 and A.2 are similar in nature. In view of the above, and since the claimants claimed only Rs.8,000/- per acre, we are of the opinion that the reference Court was justified in fixing the market value at Rs.8,000/- per acre. Therefore, we are not inclined to interfere with the order of the reference Court. The appeal is accordingly dismissed. It is needless to observe that the claimants are entitled to all statutory benefits as per the judgment of the Supreme Court in Sunder v. Union of India[1]. There shall be no order as to costs. ________________ A. GOPAL REDDY, J __________________ B.CHANDRA KUMAR, J Date: 25.08.2009 va [1] AIR 2001 SC 3516