THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO L.A.A.S. No.100 OF 2009 JUDGMENT: (Per the Hon’ble Sri Justice N.V. Ramana) The Land Acquisition Officer-Special Deputy Collector, L.A. Unit, P.J. Project, Gadwal, filed this appeal challenging the order, dated 11.09.2008, passed by the learned Senior Civil Judge, Gadwal, in O.P.No.18 of 2006. The brief facts of the case are as follows: The Government of A.P. acquired lands belonging to the claimants situated at Kondair village, by publication of notification under Section 4 (1) of the Act, dated 2.12.1999 for the purpose of excavation of right main canal. The possession of the acquired land was taken on 10.5.1997 i.e., two years prior to the notification. The Land Acquisition Officer passed the award on 11.12.2000 fixing the market value of the lands at the rate of Rs.38,000/- per acre for ID lands and Rs.28,000/- per acre for dry lands. Being dissatisfied with the compensation awarded, the claimants sought for reference under Section 18 of the Act. On reference being made, the claimants appeared before the Court below and filed claim statements claiming compensation at the rate of Rs.1,50,000/-per acre for ID lands and Rs.1,00,000/- per acre for dry lands in addition to the other benefits, on the ground that they used to raise commercial crops in the land in question. Before the Court below, P.Ws. 1 to 6 were examined and Exs.A1 to A4 were marked on behalf of the claimants. On behalf of the Referring Officer, R.W.1 was examined and Exs.B1 document was marked. The Court below while placing reliance on Exs.A1 transaction that took place on 3.11.1999 viz., one month prior to the notification in the present case, answered the reference as follows: (i) The market value is fixed at Rs.80,000/- per acre for all the lands under acquisition; (ii) In addition to the market value a sum calculated at 12% p.a., is awarded on the market value from the date of Section 4(1) notification i.e., 2.12.1999 till the date of award; (iii) Solatium of 30% on the market value of the acquired lands is awarded; (iv) Interest on market value, solatium and additional market value at the rate of 9% p.a., from 02.12.1999 for a period of one year and 15% p.a., thereafter till payment as per the ruling of the larger Bench of the Hon’ble Supreme Court in Sunder V. Union of India (2001(7) SCC 211) (v) The claimants are entitled to the costs. Advocate’s fee is fixed at Rs.1,000/- each. Aggrieved by the same, the present appeal is preferred by the Government. Heard and perused the material available on record. The learned Government Pleader for Appeals contended that the Land Acquisition Officer has duly taken note of transactions that had taken place within a period of three years prior to issuance of draft notification under Section 4(1) of the Act and fixed the correct market value and that since a small extent is covered under Ex.A1, the same cannot be taken as comparable sale. Therefore, she prays to set aside the impugned order. On the other hand, the learned counsel appearing for the respondents/claimants opposed the said contentions on the ground that Ex.A1 is a genuine transaction, though the land covered under the said document is a small extent and the trial Court rightly fixed the market value of the acquired land and there are no grounds to interfere with the same. On a perusal of the material on record, it is clear that the acquired land is situated in Kondair village and the same were acquired by notification dated 2.12.1999 and the possession was taken on 10.5.1997. The evidence of P.W.2 goes to show that the land of an extent of Ac.1.00 situated in the same village was sold under Ex.A1 at the rate of Rs.80,000/- per acre. Further the evidence of P.W.3 goes to show that the land situated in the Sasanool village was purchased under Ex.A2-sale deed for a consideration of Rs.80,000/- and that the lands acquired are having more value than the land purchased by him. The evidence of P.W.4 indicates that the land in Dharmavaram village covered under Ex.A3 was sold for Rs.80,000/- per acre. It is pertinent to note that in a case of this nature, it is desirable to take into consideration the documentary evidence pertaining to the same village. As the lands covered under Exs.A2 and A3 pertain to a different village, the Court below discarded the same. The land covered under Ex.A1 was sold at Rs.80,000/- per acre in the year 1999 and the present lands were acquired by notification dated 2.12.1999. The lands covered by Ex.A1 and the acquired lands are situated in the same village. Further, it is admitted that the lands under acquisition are abutting NH-7 and there is a demand for those lands. Further, nothing adverse was pointed out between the lands covered under Exs.A1 and the present acquired lands with regard to fertility, potentiality and nature. Further, the genuineness of the transaction under Ex.A1 is not disputed. But it is the contention of the learned Assistant Government Pleader that the land covered under Ex.A1 is very small extent and therefore, it cannot be taken as a comparable sale. When the said transaction is bonafide, it can be taken as comparable sale for the purpose of determining the market value as on the date of notification even though it is for a small extent. Considering all the above aspects into consideration, the Court below awarded the compensation. Therefore, we feel that the Court below has rightly adjudicated the matter and that the compensation fixed by the Court below does not warrant any interference. In the result, the appeal is dismissed. There shall be no order as to costs. ________________ N.V.RAMANA, J _______________ K.S. APPA RAO, J Dated: 20.07.2011 Nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO L.A.A.S. No.100 OF 2009 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 20.7.2011 Nn