THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1483 of 1996 DT.23-11-2011 Between: The Andhra Pradesh Industrial Infrastructure Corporation Limited, rep by its Zonal Manager. … Appellant And G.Hanumantha Reddy & another … Respondents Counsel for the Appellant: G.P for Appeals Counsel for respondent: Sri The Court made the following Judgment: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1483 of 1996 J U D G M E N T: (Per Hon’ble Sri Justice V.Eswaraiah) The Zonal Manager representing Andhra Pradesh Industrial Infrastructure Corporation Limited ﬁled this appeal aggrieved by the order dated 30-12-1995 in O.P.No.308 of 1993, on the ﬁle of the Principal Subordinate Judge, Kurnool. The respondents 1 and 2 herein are the claimant and the Land Acquisition Officer respectively. The land of the respondent No.1 of an extent of Ac.0.84 cents and Ac.0.23 cents in Sy.No.723/2 and 686/2 respectively situated in Laxmipuram Village, Kallur Mandal, Kurnool District was acquired for the purpose of constructing L.P Gas Filling Plant at Lakshmipura village pursuant to the notiﬁcation issued under Section 4 (1) of the Land Acquisition Act on 29-6-1992. Draft declaration was made on 30-6-1992, and the Land Acquisition Oﬃcer after due enquiry passed the award on 31-10- 1992 awarding the compensation at Rs.40,000/- per acre. Dissatisﬁed with the same, the claimant sought reference to the Civil Court under Section 18 of the Land Acquisition Act, and on reference, the Civil Court enhanced the compensation at Rs.70,000/- per acre. Aggrieved by the same, this appeal is filed. The learned Government Pleader for appeals contended that the Land Acquisition Oﬃcer taking into consideration the relevant sale transactions ﬁxed the market value at Rs.40,000/- per acre, and the Court below ought to have relied on Ex.B.11 which was relied on by the Land Acquisition Oﬃcer in his Award at Sl.No.18 of the sale transactions, and erroneously placed reliance on Exs.B.1 to B.4, Certiﬁed copies of four registered sale deeds. Even according to Ex.B.4, R.W.2 purchased only Ac.0-50 cents of land in Sy.Nos.742 and 743 at Rs.90,000/- and Ex.B.4 sale deed includes the road of 30 feet to go to his land from National High Way, and therefore the sale under Ex.B.4 is not a comparable sale. It is further contended that the land covered by Ex.B.1 sale deed is far away and nearer to the railway station and already existing silver factory. Therefore, it is stated that Exs.B.1 to B.4, certified copies of four registered sale deeds ought not to have relied on by the Court below. We have perused the judgment of the Court below. The only question that arises for consideration in this appeal is whether the enhancement of compensation ﬁxing the market value for the acquired land at Rs.70,000/- per acre as against the compensation of Rs.40,000/- per acre awarded by the Land Acquisition Officer is just and reasonable or excessive. The present O.P.No.308 of 1993 is one among six O.Ps disposed of by the Court below. In other ﬁve O.Ps also the land was acquired pursuant to the same notiﬁcation for the self same purpose of the same village ﬁxing the market value at Rs.1,35,000/- per acre for the lands in Sy.Nos.725 and 726 and Rs.90,000/- for the lands in Sy.Nos.724 and 686 and Rs.70,000/- per acre for the land in question in Sy.No.723 and 686. None of the counsel is able to give any information as to whether any appeals have been ﬁeld against the other connected ﬁve O.Ps, which were disposed of by the common judgment dated 30-12- 1995. However, we have considered the oral and documentary evidence. As per Ex.B.1 sale deed dated 4-6-1990, RW.4 purchased an extent of Ac.0-25 cents for Rs.75,000/- which comes to Rs.3,00,000/- per acre which is 1 ½ year prior to the date of present 4 (1) notiﬁcation and much before the establishment of the polythin factory in the said land. All the six O.Ps including the present one covered by Award No.4/1992 dated 31-10-1992 are situated between the lands covered by Exs.B.1, B.3 and B.4. The lands covered by Exs.B.1 and B.4 are purchased at the rate ranging from Rs.1,80,000/- per acre to Rs.3,00,000/- per acre. The acquired lands are also abutting to the National High Way at a distance of 300 meters. All the sale transactions under Exs.B.1 to B.4 are prior to the present 4 (1) notiﬁcation. Ex.B.4 is the sale deed dated 20-4-1991 under which RW.2 purchased Ac.0-50 cents for Rs.90,000/- which comes to Rs.1,80,000/- per acre and the lands covered under Ex.B.4 sale deed are nearer to the lands covered by Exs.B.1 and B.3. Therefore, though Exs.B.1 to B.3 are the relevant sale transactions, the Court below enhanced the compensation from Rs.40,000/- per acre to Rs.70,000/- per acre only. The enhancement is not even as per sale price reﬂected under Exs.B.1 to B.4. Therefore, we are of the opinion that ﬁxation of compensation at Rs.70,000/- per acre is fair and reasonable and not excessive. For the foregoing reasons, the appeal is without any merit and is accordingly dismissed conﬁrming the order dated 30-12- 1995 in O.P.No.308 of 1993, on the ﬁle of the Principal Subordinate Judge, Kurnool. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 23-11-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) APPEAL SUIT No.1483 of 1996 DT.23-11-2011 GRK