IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE 27TH DAY OF APRIL, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1657 OF 2000 Between: Land Acquisition Officer, Revenue Divisional Officer, Bodhan … Appellant And Smt.Sarojini Devi. … Respondent This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1657 OF 2000 JUDGMENT: - (Per Hon’ble Sri Justice G.V.Seethapathy) This appeal is filed under Section 54 of the Land Acquisition Act, 1894 (for brevity, “the Act”) by the Land Acquisition Officer seeking to assail the award dated 17.01.2000 in O.P.No.4 of 1995 passed by the Senior Civil Judge, Bodhan wherein the reference Court enhanced the compensation from Rs.16,000/- per acre to Rs.25,000/- per acre. Heard both sides. An extent of Ac.0-11 guntas situated in survey No.202/1 and Ac.2-02 guntas situated in survey No.202/2 making a total of Ac.2-13 guntas of single crop wet land situated at Budmi village was acquired for the purpose of providing house sites to the weaker sections. Notification under Section 4(1) of the Act was issued on 02.03.1994 and draft declaration under Section 6(1) of the Act was made on 04.03.1994. Possession of the acquired land was taken on 28.05.1994. After due enquiry, the Land Acquisition Officer passed an award on 08.10.1994, fixing the market value of the acquired land at Rs.16,000/- per acre. Not satisfied with the award, the claimant sought reference to the civil Court. Accordingly, the matter was referred to the civil Court under Section 18 of the Act. During the enquiry before the reference Court, the General Power of Attorney of the claimant was examined as P.W.1 and two other witnesses were examined as P.Ws.2 and 3 and Ex.A1 protest application and Ex.A2 certified copy of the registered sale deed, dated 08.04.1991 was marked on her behalf. The Revenue Divisional Officer, Bodhan was examined as R.W.1 and Village Administrative Officer, Tadkol was examined as R.W.2 and Ex.B1-award and Ex.B2-combined sketch were marked on behalf of the Land Acquisition Officer. On consideration of the evidence available on record, the reference Court enhanced the market value at Rs.25,000/- per acre. Aggrieved by the same, the present appeal is filed. In support of the claim for enhancement, the claimant sought to rely upon the testimony of P.Ws.2 and 3 besides Ex.A1-sale deed. As seen from the evidence on record P.W.2, who is the Sarpanch of Budmi village stated that paddy, sugarcane and ground nut crops were raised over the land and net yield of 40 bags of paddy and 12 quintals of ground nut is realised. P.W.3, who is the vendor under Ex.A2 stated that he converted the lands into plots and sold one such plot to one Mallikarjun of Pitlam village for Rs.7,700/-. The sale transaction under Ex.A2 was long prior to notification. As per Ex.A2, the market value comes to Rs.50/- per square yard. The site covered by Ex.A2 is house plot situated in Tadkol village, which is at a distance of one kilometre from Budmi village. R.W.2, the Village Administrative Officer, however, justified that the distance between Tadkol and Budmi villages is 1½ kilometre. It is to be noted that the subject land was acquired for the purpose of providing house sites and the same is proximately situated at abadi of the village. Irrespective of the distance between the house plot covered by Ex.A2 situated in Tadkol and the subject land situated in Budmi, the fact remains that the acquired land is also having potentiality for development as house site plots and in fact was acquired for that purpose only. The acquired land is situated in the village itself and is part of the village abadi, whereas the land covered by Ex.A2 is away from the village. Under those circumstances, the acquired land will have more potentiality for development than the land covered by Ex.A2. The reference Court on proper appreciation of the evidence on record and taking into note the notification of the acquired land, as can be seen from the combined sketch Ex.B2, has rightly held that the acquired land is situated in abadi and is therefore, of greater potentiality and capable of fetching more market value. The reference court has, therefore, rightly fixed the market value of the acquired land at Rs.25,000/- per acre taking into consideration all the relevant factors in fixing the said market value and the same does not, call for any interference by this Court. We do not see any merit in the appeal and the same is accordingly dismissed. No costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 27th April 2010 lmv