THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE RAJA ELANGO A.S.No.3763 OF 2000 ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) This appeal, under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’), is preferred by the Land Acquisition Officer questioning the enhancement of compensation and awarding of additional market value and interest, by the Senior Civil Judge, Medak, vide order dated 04.04.2000 in O.P.No.38 of 1996. On requisition made by the Executive Engineer, R & B, Sangareddy, dated 16.10.1992 for laying road to bridge across Manjeera River near Fasalwadi situated at Shivampet village, the Government issued draft notification under Section 4(1) of the Act, which was published in the A.P. Gazette on 6.01.1994, by other modes on 2.02.1994 and 3.02.1994, and in the village on 20.03.1994, whereas possession of the land was taken much earlier of issuance of notification i.e. on 20.08.1984. The Land Acquisition Officer, after following all the formalities, passed Award No.C/10815/91 dated 19.03.1996, fixing the market value of the acquired land at Rs.16,500/- per acre. Dissatisfied with the award amount, the claimants after receiving the amount under protest, sought for reference under Section 18 of the Act to refer the matter to civil Court. On reference being made to the civil Court, the claimants appeared before the civil Court and requested to adopt the claim statements filed by claimants 1 to 6 before the Land Acquisition Officer, claiming compensation @ Rs.2,00,000/- per acre. To prove the inadequacy of market value, on behalf of the claimants, claimant No.6 was examined as PW.1, claimant No.7 as PW.2, the vendor under Ex.A.9-sale deed dated 25.04.1995 as PW.3 and the attestor of sale deed under Ex.A.10 as PW.4, apart from marking Exs.A.1 to A.12. On behalf of the referring officer, the M.R.O. Pulkal was examined as RW.1 and Ex.B.1-Award dated 19.03.1996 was marked. PW.1 deposed that Shivampet village is a developed village and the acquired land is situated within six kilometers from Sanga Reddy and that Distillery factory and Ganapathi Sugar Factory are situated adjacent to the acquired lands. The value of the acquired land at the time of notification was Rs.30,000/- to Rs.35,000/- per acre. In the acquired land they used to raise commercial crops like Tobacco, Jawar etc. PW.2 also testified that they used to raise commercial crops like Tobacco and Jawar in the acquired land, which is situated within six kilometers from Sanga Reddy. He also deposed that under Ex.A.11- certified copy of registered sale deed dated 21.09.1984 one C. Ravinder Reddy sold 968 sq. yds of land @ Rs.5/- per sq. yd. in favour of M/s. Venkatram Cement Products for a total consideration of Rs.4840/- and under Ex.A.12-slae deed dated 19.05.1986 one Y. Mangamma sold Ac.1.00 out of Ac.3.03 gts of land in Sy.No.51/A in favour of Siripura Srinivas for a consideration of Rs.21,000/- per acre. PW.3, who is the vendor of Ex.A.9-sale deed, deposed that he sold 36 ½ gts of land in S.No.696 on 25.04.1995 in favour of Ganapathi Sugar Factory for a consideration of Rs.35,000/- per acre. PW.4 testified that he has attested Ex.A.10 wherein one Ananthamma purchased 0.02 gts. of land for a consideration of Rs.48,000/- per acre, which is situated within one furlong from the acquired land. The lower Court discarded the above sale transactions, which were more than 10, 8, and 7 years prior to issuance of notification, on the ground that no sketch map was filed showing the distance between the lands covered by Ex.A.9 to A.12 sale deeds and the acquired land, or any evidence was let in to prove the fertility, feasibility or potentiality of the land acquired, which will fetch more compensation, but enhanced the market value at Rs.9,500/- per acre over and above the compensation Rs.16,500/- per acre awarded by the Land Acquisition Officer. The lower Court also awarded interest @ 9% p.a., from the date of taking possession i.e. from 20.08.1984 for a period of one year i.e. 19.08.1985 and thereafter @ 15% p.a. from the date of passing of award i.e., 19.03.1996 till the date of realization. We have heard the learned Government Pleader for Appeals and learned counsel for the respondents/claimants. In the absence of any cross-objections filed by the claimants seeking further enhancement of compensation by placing reliance upon Ex.A.9-sale deed, where nearly Ac.1.00 of land was sold @ Rs.35,000/- per acre, which is post notification sale deed, to prove escalation of prices, we are not inclined to accept the argument of learned counsel for the respondents/claimants that the market value of the acquired land was Rs.35,000/- per acre as on the date of issuance of notification. It is an admitted fact that the claimants are deprived of possession of the property and the income derived from the said land for nearly 9 ½ years. Even the claimants categorically stated that they used to raise commercial crops like Tobacco, Jawar and other crops. Even if we take into consideration that they are getting Rs.1000/- per acre, per year, for the last 10 years the claimants deprived of the said income and hence they are entitled to enhance the market value by Rs.10,000/- more than what was awarded by the Land Acquisition Officer. Having regard to the said fact, the fixation of market value hypothetically at Rs.26,000/- per acre i.e., Rs.9,500/- over and above the compensation of Rs.16,500/- awarded by the Land Acquisition Officer, does not call for any interference. We accordingly confirm the fixation of market value at Rs.26,000/- per acre The learned Government Pleader rightly contended that the claimants are not entitled to interest from the date of taking possession and they are entitled to interest only from the date of issuance of notification. Therefore, the order passed by the lower Court awarding interest @ 9% p.a. from the date of taking possession i.e., 20.08.1984 to 19.08.1985 is set aside. It is needless to say that the claimants are entitled to additional market value as awarded by the lower Court @ 12% p.a., from the date of notification i.e., 20.03.1994 till the date of award i.e., 19.03.1996. They are also entitled to interest @ 9% p.a., on the enhanced compensation including 30% solatium and additional market value for a period of one year from 20.03.1994 to 19.03.1995, and thereafter @ 15% p.a. from the date of award i.e., 19.03.1996 till the date of realization. Accordingly the appeal is allowed in part. There shall be no order as to costs. ___________________ (A.GOPAL REDDY, J.) _______________ (RAJA ELANGO, J.) 1st June, 2010 Js.