THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.140 OF 1999 DT.02-12-2011 Between: The Special Deputy Collector, (Land Acquisition), Visakhapatnam Urban Development Authority, Visakhapatnam. … Appellant And Smt Peddinti Ramayamma & ors. … 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.140 of 1999 J U D G M E N T: (Per Hon’ble Sri Justice K.S.Appa Rao) Aggrieved by the Judgment and Decree dated 24-6-1998 in O.P.No.249 of 1988, on the file of I Additional Senior Civil Judge-FAC-Principal Senior Civil Judge, Visakhapatnam, the present appeal is filed by the Government. An extent of 0.5380 sq ft of land in T.S.No.270/1B, 1D and 1E situated in Market Yard, Block No.9 of Visakhapatnam Municipal Corporation was acquired by the VUDA under Section 4 (1) of the Land Acquisition Act which was published in the Gazettee on 2-8-1984 for widening the existing road. After due enquiry, the Land Acquisition Officer fixed the value of the land at Rs.55/- per sq yard. Dissatisfied with the same, on a request made by the claimants to refer the matter to the civil Court under Section 18 of the Land Acquisition Act, the matter was referred to the civil Court. The reference Court, after due enquiry, fixed the value per sq yard at Rs.110/- and after deducting 20% towards reclamation charges enhanced the compensation from Rs.55/- to Rs.88/- per sq yard. Being aggrieved by the same, the present appeal is filed by the Government. It is the contention of the learned Government Pleader for Appeals that fixing of the market value at Rs.110/- basing on Ex.A.1 is erroneous and sought for reduction of the enhancement. Now the point that arises for consideration is whether the order of the court below in fixing the market value at Rs.110/- per sq yard and after deducting 20% towards reclamation charges enhancing the compensation from Rs.55/- to Rs.88/- per sq yard is just and reasonable and is sustainable. Before the reference Court, on behalf of the claimants PWs.1 and 2 were examined and got marked Exs.A.1 to and on behalf of the referring Officer no witness was examined but however got marked Exs.B.1 and B.2. On a perusal of the evidence of the reference Court, it is seen that the reference Court passed the award basing on Ex.A.1 sale deed dated 28-8- 1982. Under Ex.A.1 sale deed an extent of 150 sq yards was sold for Rs.48,000/- at Rs.320/- per sq yard, which is two years prior to the issuance of present notification under Section 4 (1) of the Land Acquisition Act on 2-8- 1984. PW.1 is the 12th claimant, and according to him, the acquired land is situated in the market yard and there are number of theatres situated nearer to the acquired property and there is an international stadium where the international cricket tournaments are being conducted and the property is very close to Wholesale Rice Merchants Hall, Vegetable Market and Bus Stand. PW.2 is one of the tenants of the deceased 2nd claimant deposed in his evidence that there are 9 shops belonging to the deceased 2nd claimant and the value of the property at the time of acquisition is about Rs.3,000/- per sq yard. No evidence was adduced on behalf of the Government to rebut the evidence of PWs.1 and 2. Therefore, the evidence of PWs.1 and 2 coupled with documentary evidence Ex.A.1 remained un-rebutted and unchallenged. The trial Court considered the totality of the facts and circumstances and determined the market value at Rs.110/- sq yard and deducted 20% towards reclamation charges etc., and awarded Rs.88/- per sq yard. The recitals in Ex.A.1 are self explanatory about the value of the land in question also. As per Ex.A.1 the market value of the land is Rs.320/- per sq ayrd. Viewed from that angle also, the determination of compensation at Rs.110/- per sq yard by the reference Court is just and reasonable. Accordingly, the reference Court rightly deducted 20% towards reclamation charges and awarded compensation at Rs.88/- per sq yard. We see no reason to differ with the findings arrived at by the reference Court while enhancing the compensation from Rs.55/- to Rs.88/- per sq yard. Accordingly, the appeal is dismissed confirming the Judgment and Decree dated 24-6-1998 in O.P.No.249 of 1988, on the file of I Additional Senior Civil Judge-FAC-Principal Senior Civil Judge, Visakhapatnam on all counts. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 02-12-2011 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 K.S.Appa Rao ) APPEAL SUIT No.140 OF 1999 DT.02-12-2011 GRK