THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO A.S.No. 956 of 1999 J U D G M E N T: Per the Hon'ble Sri Justice Ghulam Mohammed This Appeal is filed under Section 54 of the Land Acquisition Act, 1894 by the claimants, aggrieved by the judgment and decree dated 03.06.1996 passed in O.P.No. 1280 of 1987 on the file of the District Judge, Medak at Sangareddy. The brief facts of the case are as follows: The land in an extent of Ac.3.17 guntas covered by Survey Nos. 293, 294, 295 and 296 situated at Mallareddipet, H/o Bussareddipet Village was acquired for providing house sites to the weaker sections of the society, by issuing a notification under Section 4(1) of the 1894 Act, on 08.06.1984. The Land Acquisition Officer, after taking into account and consideration the sale transactions that took place in the vicinity of the land in question, passed an award dated 10.03.1985, fixing the compensation at Rs. 2,200/- per acre. The claimants protested the award and thereafter, the Land Acquisition Officer made a reference under Section 18 of the 1894 Act to the civil Court for proper determination of the compensation for the land in question. Before the learned District Judge, Medak at Sangareddy, the claimants have examined P.Ws.1 to 3 and filed Exs.A1 to A5. Ex.A1 is the registered sale deed dated 02.11.1982. Ex.A2 is the sale deed dated 06.04.1983 and Ex.A3 is the sale deed dated 29.08.1986. On behalf of the Land Acquisition Officer, R.W.1 was examined and Ex.B1 was marked. The reference Court, after taking into account and consideration the location of the lands as well as the proximate sale transactions, enhanced the compensation to Rs.9,000/- per acre. Aggrieved by the said enhancement, the claimants have filed the present Appeal. Sri K. Raji Reddy, learned counsel for the appellants contended that the reference Court ought to have enhanced the compensation taking into account Exs.A1 and A2 sale deeds. Heard the learned Government Pleader for Appeals. The claimants, in support of their claim, examined P.Ws.2 and 3. P.W.2 purchased 264 square yards of site in Survey No. 294, for Rs.1500/- at the rate of Rs.5/- per square yard under Ex.A1 sale deed, dated 02.11.1982. P.W.3 stated that he sold 300 square yards of land, for Rs.1500/- at the rate of Rs.5/- per square yard under Ex.A2 sale deed. The land covered by the aforesaid two transactions are adjacent to the land acquired in the present case and they are of pre-notification sale transactions. So, necessarily, they have to be taken into consideration while fixing the compensation in the instant case, but, however, since a large extent of land belonging to the claimants, admeasuring Ac.3.17 guntas has been acquired, necessary deductions have to be made towards development charges. Therefore, taking all these aspects into account, we deem it appropriate to fix the compensation at Rs.24,000/- per acre. After deducting one-third towards development charges, it comes to Rs.16,000/- per acre. The compensation awarded by the reference Court at Rs.9,000/- per acre is enhanced to Rs.16,000/- per acre. The Appeal is allowed to the extent indicated above. No costs. --------------------------- Ghulam Mohammed, J --------------------------------- Nooty Ramamohana Rao, J 29th December 2009 ksld