THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO A.S.NO.1500 OF 1999 ORDER: Per the Hon'ble Sri Justice Ghulam Mohammed This Appeal is filed under Section 54 of the Land Acquisition Act, 1894. The claimants are the appellants. They are seeking enhancement of the compensation awarded by the Decree and Judgment of the II Additional Assistant Senior Civil Judge, Ranga Reddy District (Reference Court), dated 19-03-1999, made in O.P.No.195 of 1987, under Section 18 of the Land Acquisition Act, (‘the Act’, for short). The brief facts of the case are as follows: The Government of Andhra Pradesh has acquired land of an extent of Ac.2-19 guntas in Sy.No.519, situated at Medchal, for the purpose of providing house sites to the weaker sections of the society. A Notification under Section 4(1) of the Act was issued and published in the Official Gazette on 27-06-1978. The Land Acquisition Officer, after observing all the formalities stipulated under the Statute for fixing the market value, gathered the comparative sale statistics from the concerned Sub- Registrar’s Office for the lands within the vicinity and also taking into account and consideration the soil statistics, fixed the market value of the land under acquisition, i.e., Sy.Nos. 519, 520 and 521, admeasuring Ac.5-08 guntas of Medchal Village, at Rs.2,000/- per acre. The claimants have disputed the said fixation of market value as too meager and inadequate and contested the matter before the Reference Court by adducing both oral and documentary evidence. They have examined PWs. 1 to 3 and marked Exs.A-1 to A-7. Ex.A-1 is the General Power of Attorney. Ex.A-2 is the certified copy of the Award, dated 09-09-1983. Exs.A-3 to A-6 are the certified copies of the sale deeds of the adjacent lands, vouching to the prevailing market value then. Ex.A-7 is the Plan. To substantiate the claim, PW-1 has categorically deposed that though the land was acquired for the purpose of providing house sites, the market value is fixed as if the land is agricultural land. PW-2 has deposed that the rate of the land was at Rs.60/- per square yard, but the Land Acquisition Officer had fixed only Rs.2,000/- per acre. The Reference Court, after taking into account and considering the facts that the land in question is adjacent to the village site and also availability of the facilities like, telephone, water and electricity and also the fact that the same is not an agricultural land, fixed the market value as Rs.9/- per square yard and after deducting 1/3rd of the same towards layout losses, fixed at Rs.6/- per square yard towards compensation. The learned counsel for the appellants Sri P. Venugopal contended that though the land has been acquired for housing purpose, the Land Acquisition Officer has fixed the market value on acerage basis and that the enhancement made by the reference court is totally inadequate. He further submits that the date of issuance of notification under Section 4(1) of the Act, i.e., 27-0-1978, is crucial, because the prevailing market value of the lands within the vicinity of the lands in question, on that date has to be taken into consideration for determining the compensation. Though in the year 1978, the other lands within the vicinity of the land in question, were sold at the rate of Rs.60/- per square yard, the learned Judge after deducting 1/3rd towards layout losses, fixed the compensation as Rs.6/- per square yard, which is too meager. The land in question is not agricultural land and the same has been acquired for providing house sites to the weaker sections of the society. It has got all facilities, such as water, electricity, telephone, etcetera and it is a well-developed area. The learned counsel contended that the learned Judge committed serious error in not correctly appreciating the value of the land though substantial evidence was adduced, to prove the transactions. We have gone through the Judgment rendered by the Reference Court and the evidence adduced by PW-3 and Exs.A-1 to A-5. Under Ex.A-5 sale transactions, land of an extent of 110 square yards was sold at the rate of Rs.1,200/- in the year 1979. Since the land in question is having facilities, such as, telephone, water, electricity and it is near to the city, and also for the reason that the same is not agriculture land, and keeping in view Ex.A5 sale transactions, we are of the opinion that the market value fixed by the reference court is inadequate. Therefore, we deem it appropriate to enhance the rate of compensation from Rs.6/- to Rs.20/- per square yard. The claimants are entitled for all statutory benefits, as per law. With this enhancement, the Appeal is partly allowed. No costs. --------------------------- Ghulam Mohammed, J --------------------------------- Nooty Ramamohana Rao, J mrk 22nd December 2009