THE HON’BLE SRI JUSTICE A.GOPAL REDDY & THE HON’BLE SRI JUSTICE K.S. APPA RAO A.S.Nos.494 & 909 of 2002, 488, 1883 &2053 of 2003 COMMON JUDGMENT (Per the Hon’ble Sri Justice A. GOPAL REDDY) Since all these appeals arise out of the common order dated 7.9.2001 passed in O.P.Nos.43, 44, 58, 102 and 103 of 1999 by the Senior Civil Judge, Adilabad, they are heard together and being disposed of by this common judgment. The Government of Andhra Pradesh acquired Ac.31.17 guntas of land situated at Kandli village for formation of a tank, by Gazette notification under Section 4(1) of the Land Acquisition Act, dated 28.6.1997. But the possession of the lands was taken on 1.1.1997. The details of land acquired are as follows: S.No Name of the Claimant O.P.No. Sy.No. Extent of land Ac.Gt. No. of trees Nature of Land 1 Savairam,S/oPulya 43/99 6/2 0.28 ½ -- Dry 2 Rameshwar, S/o Pulya 43/99 6/2 0.28 ½ -- Dry 3 Jadav Gobirya 44/99 5/2 5.37 4 Dry 4 Gulab Singh 58/99 38/2 1.05 2/3 10 Dry 5 Dhan Singh 58/99 38/2 1.05 2/3 7 Dry 6 Kishan S/o Lalsingh 58/99 38/2 1.05 2/3 1 Dry 7 J. Narayana 102/99 4/2 5.30 - Dry 8 J. Ramulu 102/99 4/2 5.30 - Dry 9 J. Kistanna 102/99 4/2 5.30 - Dry 10 Chowhan Narayana 103/99 3/2 3.14 - The Land Acquisition Officer, after obtaining sale statistics of three years prior to the draft notification and after following formalities under the Act passed award B/342/96, dated 26.2.1998 fixing the market value of the lands in question at the rate of Rs.6,000/- per acre. Being not satisfied with the same, the claimants sought for reference under Section 18 of the Act. On reference being made and on receipt of notice, the claimants filed statements claiming the compensation for the acquired lands at the rate of Rs.25,000/- to Rs.30,000/- per acre with other additional benefits. The claimants further stated that they used to raise cotton and red-gram in their lands and when they raised mixed crop of cotton and red gram in their lands they used to get cotton crop of 10 to 12 quintals per acre and red-gram crop of 3 quintals per acre and when they raised mixed crop of Jawar and red-gram in their lands, they used to get jawar crop of 12 to 15 quintals per acre and red-gram crop of 2 quintals per acre. In order to substantiate the case, the claimant in O.P.No.58/99 was examined as P.W.1 and two more witnesses were examined as P.Ws.2 and 3 and Exs.A1 to A4 sale deeds were marked on behalf of the claimants. On behalf of the Referring Officer, the Revenue Divisional Officer was examined as R.W.1 and Ex.R1 was marked. The trial Court after discarding the evidence of P.Ws.1 to 3 and Exs.A1 to A4 sale deeds dated 14.11.1995, and on relying upon the sale deed dated 13.3.1996 referred to by the Land acquisition Officer, confirmed the award passed by the Land Acquisition Officer, but awarded additional market value at the rate of 12% p.a., from the date of possession till the date of award and statutory interest, and no solatium was awarded. Challenging the same, the present appeal is filed by the claimants. Heard Sri P.V. Ramana Rao, learned Counsel for the claimants and the learned Government Pleader. The learned counsel appearing for the appellants/claimants contended that the claimants used to raise commercial crops and were getting good yield from the lands acquired and that the land covered under Ex.A1 was sold at the rate of Rs.25,000/- per acre and that the Court below did not appreciate the evidence available on record properly and that the claimants being poor schedule tribes, are eking out their livelihood on agricultural income and they were deprived of their income due to the acquisition of the lands and therefore, the compensation may be enhanced. 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 therefore, the order under appeal needs no interference. The learned Counsel for the appellants has taken this Court through the evidence of P.W.1, who is the claimant in O.P.No.58 of 1999. P.W.1 stated that one Ramji of his village sold his agricultural lands admeasuring Ac.2.10 gts. in Sy.No.14 to one Prakash at the rate of Rs.25,000/- per acre and he executed a registered sale deed under Ex. A1 certified copy. He further stated that their lands are more fertile and they fetch higher market value than the lands covered under Exs.A2 to A4 and the lands covered under Exs.A2, A3 and A4 are at a distance of 1 K.M., from the acquired lands. He also stated that he used to cultivate cotton mixed with red gram and jawar mixed with red gram in the acquired lands alternatively in a year and he used to get 15 quintals of cotton plus 2 quintals of red gram and 20 quintals of jawar plus 3 quintals of red gram per acre. It is stated that in the year 1997 cotton rate was Rs.2,000/- per quintal, Jawar Rs.500/- per quintal and red gram Rs.1600/- per quintal. In cross-examination, a suggestion was made to P.W.1 that in Girnoor village acquisition took place in the year 1995 and the lands of Girnoor village covered under Exs.A2 to A4 are more fertile and higher in market value than the acquired lands. P.W.2-Manohar Singh of Girnoor village deposed that he sold his agricultural lands admeasuring Ac.15.27 guntas in Sy.No.12 of Girnoor vilage to the District Schedule Caste Service Co-operative Society Limited, Adilabad in the year 1995 at the rate of Rs.16,000/- per acre under Exs.A2 to A4 sale deeds and that he received consideration of Rs.2,50,000/- to the entire land by way of cheque and that the society got executed registered sale deed in favour of individual allottee by him and Exs.A2 to A4 are the certified copies of the original sale deeds executed in favour of Maken Rajubai, Maken Lachu Bai and Erra Laxmibai respectively. P.W.3- who is the vendor of Ex.A1 sale deed, deposed that he sold his agricultural land admeasuring Ac.2.10 guntas situated at Kandli village to one Prakash at the rate of Rs.25,022/- per acre. In the cross-examination, he admitted that he sold the land for the purpose of marriage of his daughter. R.W.1-Revenue Divisional Officer, who is the successor of the Land Acquisition Officer, stated that his predecessor acquired the lands of the claimants and that the Land Acquisition Officer relied on the sale of land admeasuring Ac.1.30 guntas of Sy.Nos.30 and 31 sold in the year 1996 at the rate of Rs.5,028/- per acre and fixed market value to the lands under acquisition at the rate of Rs.6,000/- per acre. He admitted in the cross- examination that there is no intervening village between Girnoor and Kandli village and the District Scheduled Caste Service Co-operative Society Limited, Adilabad purchased land and got registered in the name of scheduled caste people under the originals of Exs.A2 to A4. The reasons given by the Court below for discarding Ex.A1 sale deed is that it was brought into existence for getting higher value and the seller and purchaser under Ex.A1 transaction are none else than the father and the son and it is evident by the statement of R.W.1 and the contents of Ex.A1. When the vendor of Ex.A1 was examined as P.W.3, no suggestion was made to him to the effect that Ex.A.1 is between himself and his son. No suggestion was made to P.W.3-author of Ex.A1 sale deed and it is not stated by R.W.1 that because of relationship between the seller and purchaser of Ex.A1 as father and son, the transaction cannot be treated as real transaction. Even Ex.A.1 is discarded, there remains Exs.A2 to A4 sale deeds. The evidence of P.W.2 can always be taken as he sold the properties to a Society under Exs.A2 to A4 sale deeds in view of the proximity of the lands to the present acquired lands. No evidence has been let in by the Land Acquisition Officer, who discarded the said sale deeds, to establish that the lands covered Exs.A2 to A4 are far away from the lands acquired. P.W.1 categorically stated that his village and adjacent Girnoor village are adjacent to each other. Certainly, the sale transaction though in different villages, Exs.A2 to A4 can be taken as comparable sale for fixation of market value in the absence of any other evidence adduced by the Land Acquisition Officer to discard the said transaction. Apart from that, the suggestions made to P.W.1 in his cross- examination go show that the agricultural land yields 2 ½ quintals of cotton, 5 quintals of jawar and one quintal of red gram per acre and Rs.5,000/- is required as expenditure to cultivate one acre of land. Even if 2 ½ quintals of cotton, 5 quintals of jawar and one quintal of red gram is taken into consideration, if we deduct 50% of the crop value for cultivation cost, still net income comes at Rs.2,000/- to Rs.2,500/- per acre. If the same is multiplied by 10, the same will come to Rs.20,000/- to Rs.25,000/- per acre. In view of the same, we fix the market value of the lands at Rs.16,000/- basing on Exs.A2 to A4 sale deeds. The claimants are also entitled to additional market value at 12% p.a. on the enhanced compensation from the date of notification viz., 28.6.1997 till the date of award i.e 26.2.1998 and interest at 9% p.a., from 28.6.1997 for a period of one year and thereafter at 15% p.a., on the enhanced compensation including additional market value and solatium as per the law declared by this Court. Accordingly, the appeals are partly allowed. No order as to costs. ______________ A. GOPAL REDDY, J _______________ K.S. APPA RAO, J Date: 26.08.2011 NN THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.S. APPA RAO A.S.Nos.494 & 909 of 2002, 488, 1883 &2053 of 2003 (Common Judgment delivered by the Hon’ble Sri Justice A. GOPAL REDDY) 26.8.2011