THE HON’BLE SRI JUSTICE V.ESWARAIAH and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR APPEAL SUIT NO.1395 OF 1998 Date: 29th December, 2011 Between: D.V.R.Reddy and others …..Appellants And The Special Tahsildar (L.A.O.), VUDA, Visakhapatnam and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE V.ESWARAIAH and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR APPEAL SUIT No.1395 OF 1998 JUDGMENT:- (Per HON’BLE SRI JUSTICE V.ESWARAIAH) This appeal is filed under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) by the claimants against the order of the court of III Additional District and Sessions Judge-cum-Special Judge for SPE and ACB Cases, Visakhapatnam (for short, ‘Reference Court’) passed in L.A.O.P.No.798 of 1996 (old O.P.No.225 of 1991) dated 17.3.1998. 2. The lands of the appellants to an extent of Acs.2-24 cents situated in T.S.No.1502/8-B19 of Bheemili Village, Visakhapatnam District were acquired for the purpose of sites and services under I.D.S.M.T. Scheme. The Land Acquisition Officer in his award No.5/91, dated 18.10.1991, fixed the compensation at Rs.40/- per square yard, and not satisfied with the compensation awarded, the claimants sought reference of the matter under Section 18 of the Act seeking to enhance the compensation amount from Rs.40/- to Rs.77/- per square yard. The Reference Court, after considering all the relevant records, enhanced the compensation from Rs.40/- to Rs.45/- per square yard. Aggrieved by the order of the Reference Court, the claimants filed the present appeal. 3. Heard the learned counsel for appellants and the learned Government Pleader for Appeals. 4. We have perused the oral and documentary evidence as well as order of the Reference Court. Ex.A-1 is a registered sale deed dated 26.12.1988. According to Ex.A-1, an extent of 1654 square yards in T.S.No.1484 of Bheemunipatnam Village was sold for Rs.1,08,000/- i.e. Rs.65/- per square yard. Ex.A-2 is another registered sale deed dated 9.11.1989. According to Ex.A-2, an extent of 499 square yards in T.S.No.3 of Bheemunipatnam Village was sold for Rs.36,000/- i.e. Rs.80/- per square yard. Exs.A-1 and A-2 are the registered sale deeds executed before issuance of Section 4(1) notification, which is admittedly dated 6.3.1990, but the Reference Court did not take them into consideration. The lands covered in Exs.A-1 and A-2 are nearer to the appellants’ lands, but the Reference Court ignored them on the ground that they are subsequent to Section 4(1) notification while in fact they are prior to it. 5. It is relevant to take into consideration Ex.A-1, which is nearer to the appellants’ land, for the purpose of considering the claim of the appellants. If Ex.A-1 sale deed, which is 18 months prior to the notification under Section 4(1) of the Act, is taken into consideration and 15% of the escalation is added to Rs.65/-, it comes about Rs.75/- per square yard and 30% of it deducted, it comes to Rs.53/- per square yard. In the circumstances, it is considered just to enhance the compensation to Rs.53/- per square yard. 6. Accordingly, the appeal is partly allowed, fixing the market value @ Rs.53/- per square yard. The appellants are entitled to other benefits under the amended provisions of the Act. No costs. __________________ V.ESWARAIAH, J _____________________ N.RAVI SHANKAR, J 29th December 2011 TJMR THE HON’BLE SRI JUSTICE V.ESWARAIAH and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR APPEAL SUIT NO.1395 OF 1998 (Per HON’BLE SRI JUSTICE V.ESWARAIAH) Date: 29th December, 2011