IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE NOUSHAD ALI A.S. No.791 of 1998 Between: State through L.A.O Gajwel (M.R.O) ..... APPELLANT AND B.Prabhakar Rao .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE NOUSHAD ALI A.S. No.791 of 1998 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) This appeal is directed against the order dated 10.05.1989 in O.P.77/1987 on the file of the Subordinate Judge, Siddipet, Medak District in enhancing the compensation from Rs.7,000/- per acre to Rs.9/- per sq.yard. 2. It is the case of the Land Acquisition Officer that the Reference Court erroneously based on Exs.A4 and A5 certificates issued by the Sub- Registrar indicating the market value of the lands at the relevant point of time enhanced the compensation. It is contended that the said Exs.A4 and A5 were brought up in collusion with the Sub-Registrar in order to claim more compensation. 3. The lands of an extent of Ac.1.24 gts. situated at Jaligon village, Gajwel Mandal was acquired for the purpose of providing house sites to weaker sections pursuant to the draft notification issued under Sec.4(1) of the Land Acquisition Act (hereinafter referred to as “the Act”) published on 08.08.1985. The claimants claimed the compensation @Rs.40,000/- per acre before the Land Acquisition Officer, but the Land Acquisition Officer fixed the compensation @Rs.7,000/- per acre while passing the award dated 09.04.1987. On protest made by the claimants, the matter was referred under Sec.18 of the Act to the Reference Court for fixation of reasonable market value, and on reference, the Reference Court enhanced the compensation from Rs.7,000/- per acre to Rs.9/- per sq.yard. 4. To prove their respective contentions, on behalf of claimant, the claimant himself was examined as PW 1 and got examined PWs 2 and 3 on his behalf and marked Exs.A1 to A6, and on behalf of Land Acquisition Officer, RW 1 was examined and Exs.B1 Award was marked. 5. PW 1 deposed that the acquired lands as well as the lands covered under Ex.A1 agreement of sale are situated in the same Sy.No.79. PW 2 is the purchaser and after purchasing of the said land, PW 2 obtained the permission from Gram Panchayat to construct the house. Though he has narrated several transactions, no documentary evidence has been adduced except filing Exs.A1 to A6. It was the case of the Land Acquisition Officer that Exs.A1 to A6 are created and concocted in order to claim more compensation for the acquired lands. He denied the suggestion that the land covered under Ex.A1 is adjacent to the road, but the acquired lands are three kilometres away from Gajwel. 6. PW 2 who is resident of Jaligon village was examined for the purpose of proving Ex.A1 agreement of sale. He stated that he has entered into an agreement of sale to purchase the land of an extent of Ac.1.03 gts @Rs.1,500/- per gunta and also constructed a house therein after paying the entire sale consideration. He has also filed Ex.A2 receipt passed by the Gram Panchayat for the purpose of obtaining permission. It was suggested that Exs.A1 and A2 are fabricated documents, but the same was denied. 7. PW 3 is the Junior Assistant working in the office of the Sub- Registrar’s Office, Gajwel. He filed Exs.A4 and A5 valuation certificates stating that as per the records, the value of the house site at Jaligon village was at Rs.5/- per sq.yard as on 16.08.1982 and Rs.7.50 ps as on 01.05.1985 and Rs.10/- per sq.yard as on 01.05.1986. The market value of the house site at Gajwel in Block-7 was at Rs.15/- per sq.yard as on 16.08.1982 and Rs.23/- per sq.yard as on 01.05.1985. 8. RW 1 is the Head Assistant of the office of the Land Acquisition Officer. He stated that the lands were acquired for the purpose of providing house sites to the weaker sections. He has admitted that the lands acquired as well as the land covered under Ex.A1 agreement of sale both are situated in Sy.No.79 of Jaligon village. But as Ex.A1 sale transaction was not registered document, the Land Acquisition Officer has not considered Ex.A1 agreement of sale while passing Ex.B1 award dated 09.04.1987. Ex.A6 is the Xerox copy of the village map. 9. Admittedly, as per the records of the Sub-Registrar, Gajwel the value of the house sites in Gajwel village was at Rs.7.50 ps as on 01.05.1985 and Rs.10/- as on 01.05.1986 as per oral deposition of PW 3. To controvert the said evidence, the Land Acquisition Officer has not filed any other material. As the land value even as per the records of the Sub- Registrar was Rs.10/- as on 01.05.1986 and Rs.7.50 ps as on 01.05.1985 per sq.yard and therefore, the average land value was taken into account by the Reference Court and fixed the market value of the acquired land @Rs.9/- per sq.yard. Therefore, we are of the opinion that the Reference Court has rightly relying on Exs.A4 and A5 valuation certificates fixed the compensation @Rs.9/- per sq.yard. 10. In that view of the matter, we do not see any grounds to interfere with the impugned order. The Appeal Suit is accordingly dismissed. No order as to costs. _____________________ V.ESWARAIAH,J _________________ NOUSHAD ALI,J Dated: 07.09.2010 Dsr