THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE P.DURGA PRASAD A.S.NO.4125 OF 2003 JUDGMENT: {Per the Hon’ble Sri Justice B.Prakash Rao} The appellant-claimant filed this appeal under Section 54 of the Land Acquisition Act, 1894 {“the Act” for brevity}, inter alia, seeking to assail the correctness of the order dated 02.03.2002 passed in O.P.No.73 of 1998 on the file of the II Additional Senior Civil Judge, Ranga Reddy District, at L.B. Nagar, Hyderabad, in fixing the market value at Rs.70,000/- per acre in respect of land acquired by the Government to an extent of Acs.4.10 gts situated in survey No.21 of Himayatsagar Village. Briefly stated, the facts of the case are that in pursuance of a notification dated 26.03.1990 issued under Section 4 (1) of the Act, an extent of Acs.4.10 gts situated in survey No.21 of Himayatsagar Village was acquired for the purpose of construction of residential quarters for A.P. Police Academy. The said acquisition was challenged in W.P.No.14113 of 1990. This Court disposed of the said Writ Petition on 30.04.1992. The area was restricted and accordingly, possession was taken over on 26.08.1992. Thereafter, revised notification was issued on 26.03.1993. Later, enquiry was conducted by the Land Acquisition Officer and award dated 11.07.1996 was passed fixing the market value at Rs.50,000/- per acre. Not satisfied thereby, the claimant sought reference and during the course of enquiry, the claimant examined himself as P.W.1 and got marked Exs.A1 to A5. On behalf of the State, R.Ws.1 and 2 were examined and the copy of award dated 11.07.1996 was marked as Ex.B1. Taking into consideration the aforesaid material and the evidence on record, the Court below enhanced the market rate and fixed the compensation at Rs.70,000/- per acre. Hence, the appeal. During the course of this appeal, the appellant filed ASMP.No.257 of 2005 under Order XLI Rule 27 read with section 151 of the Code of Civil Procedure, 1908, inter alia, seeking to receive the certified copy of the common judgment dated 16.02.2005 passed by the Division Bench of this Court in Appeal No.4477 of 2004 and L.A.A.S.No.340 of 2005 mainly on the ground that the said acquisition was for the purpose of construction of residential quarters for the A.P. Police Academy. As per the said common judgment, the market rate was fixed at Rs.1,50,000/- per acre where the notification issued under Section 4 (1) of the Act was of 03.01.1990, i.e., much prior to the notification in the present case and necessarily, it has to be taken into consideration. Learned Government Pleader for Appeals contested the claim of the appellant mainly on the ground that though several documents have been filed, except Ex.A4, which has been relied on by the Court below, nothing is relevant. Even the said document is not sufficient enough for various reasons having regard to its small extent and also violation in regard to the location etc. No other material is filed in support of the appellant-claimant. Further, additional evidence was not produced in the Court below but produced at this stage seeking to mark the same. Having considered the submissions made on either side and on perusal of the material available on record, the only point that arises for consideration is whether on the facts and circumstances of the case, the market rate as determined by the Court below is just and reasonable. There is no dispute to the fact that the present lands are acquired for the purpose of construction of residential quarters for the A.P. Police Academy, which have already come into existence. For the purpose of Academy, the land was acquired on 03.01.1990 and later the residential quarters have been constructed by issuance of the notification in question. Thus, the acquisition of the lands for Academy virtually runs for the common purpose. In view of the same, we are of the view that the additional evidence sought to be produced in respect of the acquired land is quite glaring. For the reasons mentioned in support of ASMP.No.257 of 2011, the same is allowed as per the order of this Court dated 14.02.2011 and the said common judgment and decree in Appeal No.4477 of 2004 and L.A.A.S.No.340 of 2005 is received as additional evidence and marked as Ex.A6. No doubt, the Court below has placed reliance on Ex.A4 and granted only Rs.70,000/- in spite of the fact that the said rate would virtually come to about Rs.40/- per square yard. However, it is not necessary to dwell into the same. Having regard to the other material, Ex.A6, which is marked by this Court, where this Court itself granted market rate in respect of the Academy land at Rs.1,50,000/-, the market rate can safely be fixed at Rs.1,50,000/-. Hence, we do not find any reason to come to any different conclusion. In view of the above, the appeal is allowed and the judgment dated 02.03.2002 in O.P.No.73 of 1998 on the file of the II Additional Senior Civil Judge, Ranga Reddy District, at L.B.Nagar, Hyderabad, is set aside. The appellant-claimant would be entitled to market rate at Rs.1,50,000/- per acre along with all other statutory benefits as per the amended provisions of the Act. No costs. _________________ (B.PRAKASH RAO, J) __________________ (P.DURGA PRASAD, J) 14th February 2011 RRB