HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1527 of 2000 Dated: 23-04-2010 Between: The Land Acquisition Officer, (Mandal Revenue Officer), Birkoor. Appellant AND Chandrasekhar Rao. Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1527 of 2000 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is directed against the orders of the Senior Civil Judge, Bodhan, dated 17.01.2000 made in O.P.No.24 of 1994 whereby the compensation for the acquired land was enhanced from Rs.9,000/- to Rs.26,000/- per acre. An extent of Ac.3.25 guntas of wet land belonged to the claimant-respondent herein situated in Birkur Village was acquired by Government for the purpose of providing house-sites to the weaker sections of Society, by publishing draft notification under Section 4(1) of the Act on 18.2.1984. The Land Acquisition Officer after conducting enquiry, passed an award on 24.3.1984 fixing the market value of the acquired land at Rs.9,000/- per acre. The claimant having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimant appeared and filed claim statement before the reference Court claiming compensation at Rs.100/- per square yard. To prove the market value, the claimant himself examined as P.W.1 apart examining three more witnesses as P.Ws.2 to 4 and marked Exs.A.1 to A.5. On behalf of the referring officer, the Land Acquisition Officer was examined as R.W.1 and the award proceeding was marked as Ex.B.1. On consideration of the evidence available on record, the reference Court fixed the market value at Rs.26,000/- per acre. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. The claimant in his evidence as P.W.1, while reiterating the averments in the claim statement, stated that he used to get annual net income of Rs.10,000/- per acre from the acquired land by way of cultivation. To prove the same, he examined P.W.3, an independent witness, who stated that the yield from the acquired land was 30 bags of paddy per acre and that the annual income from the wet land was at Rs.10,000/- per acre. Whereas, the evidence of P.W.4 discloses that on three sides of the acquired land, houses are in existence since 1980, that the drainage water of the village was flowing into the acquired land and thereby the potentiality of the acquired land increased to raise fertile crops and the claimant was also getting yield around 40 bages of paddy in an acre. The claimant relied on Exs.A.1 and A.2 sale deeds, under which, being vendor he sold the house plots to the vendees therein. Under Ex.A.1 an extent of 533 ¼ square yards comprised in Sy.No.768 situated in Birkur village was sold for Rs.3,500/- to one Malaxmi Bai of Birkur village on 5.8.1982, which works out to Rs.6/- per square yard and Rs.29,040/- per acre. Whereas, under Ex.A.2 sale deed, dated 21.6.1984, P.W.1 sold an extent of 460 sq.yds. of site to the husband of P.W.2 for Rs.8,100/-, which works out to Rs.17.50 per sq.yd. and Rs.84,700/- per acre. Though Ex.A.2 is a post-notification sale deed, yet it can be relied upon only to consider the escalation of prices. Even as per the sale statistics obtained by the Land Acquisition Officer, as seen from the Award, an extent of Ac.1.02 guntas of double crop wet land was sold at Rs.24,761/- per acre under a registered sale deed, dated 9.2.1983 as found in S.No.1253 of Birkur Village. Further, Exs.A.1 and A.2 show that the land comprised in Sy.No.768 was converted into house plots and a lay-out plan was also obtained from Gram Panchyat. This itself shows that the acquired land is adjacent to the village and the fact that the acquisition of land itself is for providing house-sites would show the potentiality of the acquired land for being used as residential plots. Keeping in view of the same, the reference Court rightly fixed the market value at Rs.26,000/- per acre, which is less than the market value prevalent as on the date of issuance of notification under Section 4(1) of the Act. Therefore, we do not see any merit in the appeal. In the result, the appeal is dismissed confirming the enhancement of compensation made by the reference Court at Rs.26,000/- per acre. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 23, 2010 G.V. SEETHAPATHY, J. Tsr.