THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT.No.1256 OF 1998 DT.23-11-2011 Between: Land Acquisition Officer, Cherial … Appellant And Gujjala Mall Reddy & ors … Respondents Counsel for the Appellant: G.P for Appeals Counsel for respondent: Sri The Court made the following Judgment: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.1256 of 1998 J U D G M E N T: (Per Hon’ble Sri Justice K.S.Appa Rao ) The Land Acquisition Officer, Cherial filed this appeal aggrieved by the Judgment and Decree dated 31-12-1994 in O.P.No.5 of 1989, on the file of Subordinate Judge, Jangaon. The land of the respondents/claimants of an extent of Ac.21-30 gts in Sy.Nos.731, 732, 735, 736 and 738 situated at Dommata village of Cherial Revenue Mandal, Warangal District was acquired for providing house-sites under Section 4 (1) of the Land Acquisition Act. The Land Acquisition Officer, after due enquiry, awarded the compensation at Rs.4,500/- per acre. Dissatisfied with the same, the claimants on protest sought reference to the Civil Court under Section 18 of the Land Acquisition Act, and on reference, the Court below enhanced the compensation from Rs.4,500/- per acre to Rs.12,000/- per acre. Being aggrieved by the same, the present appeal is filed. The learned Government Pleader appearing for the appellant mainly contended that the Court below basing on the evidence of PWs.1 and 2, the claimants in the O.P, without any legal basis, enhanced the compensation from Rs.4,500/- per acre to Rs.12,000/- per acre which is unjust, unreasonable and is unsustainable. Now the point that arises for consideration is whether the Court below is justified in enhancing the compensation from Rs.4,500/- per acre to Rs.12,000/- per acre and the same is sustainable. The Court below during enquiry examined PWs.1 to 8 and got marked Exs.A.1 to A.10 and Exs.X1 to X.4. On behalf of the Reference Officer one witness was examined as RW.1 and got marked Ex.B.1. Among the documents filed by the claimants, Exs.A.1 to A.9 are the certified copies of pahanis for the year from 1983 to 1994. In all the pahanis, it is noted that the lands, in question are cultivable lands. It is also the evidence of PWs.1 to 8 that the acquired lands are very fertile and also meant for house-sites. Ex.X.1 and X.2 are the agreement of sale dated 14-4-1983 and 25.4.1982 respectively, Ex.X.3 is the receipt dated 25-11-1982. Ex.X.4 is the certified copy of sale deed dated 16-1-1984 where under Ac.0-02 guntas of land which is near to the acquired land was purchased for Rs.800/-. The Court below taking into consideration, the documentary evidence Exs.A.1 to A.9 and Exs.X.1 to X.4 calculated the value of the land per acre and enhanced the compensation from Rs.4,500/- to Rs.12,000/-. To rebut the evidence of PWs.1 to 8 no documentary evidence was filed. In view of the ocular evidence of PWs.1 to 8 and documentary evidence Exs.A.1 to A.9, it cannot be said that the land in question is not a fertile land and meant for house sites. Therefore, the enhancement of compensation from Rs.4,500/- per acre to Rs.12,000/- per acre by the Court below is just and reasonable. Accordingly, we see no ground to differ with the findings of the Court below in enhancing the compensation from Rs.4,500/- per acre to Rs.12,000/- per acre. Accordingly, the appeal is dismissed confirming the Judgment and Decree dated 31-12-1994 in O.P.No.5 of 1989, on the file of Subordinate Judge, Jangaon on all counts. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 23-11-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench delivered by Hon’ble Sri Justice K.S.Appa Rao ) APPEAL SUIT.No.1256 of 1998 DT.23-11-2011 GRK