IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO APPEAL SUIT NO : 147 of 1997 Between: Land Acquisition Officer & Special Deputy Collector, P.J.P., Gadwal. ..... PETITIONERS AND Bandameedi Rayanna and others. .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO APPEAL SUIT NO :147 of 1997 JUDGMENT: (Per Hon’ble Sri Justice Ghulam Mohammed) The appeal is filed by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act”), assailing the order, dated 22.2.1996 passed by the Subordinate Judge, Gadwal in O.P.No.57 of 1991 whereby the reference court answered the reference in favour of the claimant enhancing and fixing the value of the acquired land at the rate of Rs.19,000/-per acre. The brief facts of the case are as follows: The land of the claimant admeasuring Ac.0.16 guntas, situated in Chandraghad village of Narva Mandal, was acquired for the purpose of stone quarry. The draft notification as required under Section 4(1) of the Act had been published in the A.P. Gazette, dated 17.2.1986. The Land Acquisition Officer after completing all the required formalities under the Act and taking into consideration the sale statistics for the period from 1983 to 1986, passed award dated 9.2.1987 fixing the market value at Rs.1,800/- per acre. Apart from the land value, 30% solatium, 9% and 15% interest from the date of taking over possession of the acquired land, are also awarded. Having not satisfied with the fixation of the market value, the claimant sought for reference to the Civil Court under Section 18 of the Act and a reference was made. Before the reference court, the claimant examined himself as PW.1 and also examined P.Ws.2 and 3, and got the documents Exs.A.1 to A.3 marked. On behalf of the Land Acquisition Officer, Special Deputy Collector was examined as RW.1 and Ex.B.1, copy of the award, was marked. Ex.A.1 is the registration copy of the sale deed dated 10.1.1986 in respect of Erladinne village Sivar land; Ex.A2 is also the registration copy of the sale deed dated 21.5.1986 in respect of land in Erladinne village sivar and Ex.A3 plan showing the villages and other areas coming under submergence of Jurala Project. The reference Court having relied upon Exs.A1 and A2, fixed the market value of the acquired land at the rate of Rs.19,000/- per acre. Aggrieved by the same, the Land Acquisition Officer preferred the present appeal. Heard and perused the material available on record. The learned Government Pleader contended that the acquired land is situated at Chandraghad village whereas the land covered under Ex.A1 was situated at Erladinne village and the reference Court has wrongly relied upon Ex.A1 sale deed while fixing the value of the acquired land. The evidence adduced by the respondent-claimant discloses that the lands covered by Exs.A1 and A2 sale deeds are within the vicinity of the acquired land and the sale transactions under Exs.A1 and A2 were made for consideration of Rs.18,400/- per acre and Rs.19,560/- per acre respectively. The evidence further goes to show that the acquired land falls within the radius of 2 Kms., to PJP Dam and Krishna River. The reference Court after considering the evidence on record and mainly relying on Exs.A1 and A2 sale deeds, fixed the market value of the acquired land at the rate of Rs.19,000/- per acre, which, in all probability reflect the true market value prevailing as on that date. In these circumstances, we have no hesitation to hold that the order under appeal do not suffer from any infirmity, warranting interference by this court. Accordingly, the appeal is dismissed confirming the order of the learned Subordinate Judge, Gadwal in O.P.No.57 of 1991. There shall be no order as to costs. ____________________________ Justice Ghulam Mohammed ________________________________ Justice Nooty Ramamohana Rao Date: 26.10.2009 Nn THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO APPEAL SUIT NO : 147 of 1997 (Judgment delivered by Hon’ble Sri Justice Ghulam Mohammed) 26.10.2009