THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NOS.1462, 1463 AND 1464 OF 2005 DATED 19TH JANUARY, 2011 BETWEEN: The Land Acquisition Officer, Revenue Divisional Officer, Nuzvid. … Appellant/Respondent a n d G.Malleswara Rao and Others. … Respondents/Claimants. THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NOS.1462, 1463 AND 1464 OF 2005 C O M M O N J U D G M E N T (Per Sri Justice Sanjay Kumar) Arising out of the common Order and Decrees dated 21.09.2004 passed by the reference Court of the learned Senior Civil Judge, Gudivada, in O.P.Nos.76, 78 and 79 of 1997, this batch of appeals by the State are amenable to disposal by way of this order. By notification dated 08.09.1994 issued under Section 4(1) of the Land Acquisition Act, 1894, the State acquired an extent of Ac.1.25 cents of land situated in Lankapalli Village, Pamidimukkala Mandal, Krishna District, for the purpose of providing house sites to weaker sections. In so far as the respondents in these three appeals are concerned, being the claimants in O.P.Nos.76, 78 and 79 of 1997, their lands admeasuring Ac.0.32 cents, Ac.0.05 cents and Ac.0.71 cents respectively were acquired. By common Award No.5/96 dated 05.07.1996, the Land Acquisition Officer fixed the market value of the land at Rs.40,000/- per acre. He relied upon sale item No.1/94 and sale item No.2/94 in this regard. Dissatisfied with the compensation awarded, the respondents herein along with others sought reference under Section 18 of the Land Acquisition Act, 1894 claiming Rs.2,50,000/- per acre. Five O.Ps., including those from which these appeals arise, were clubbed together and by common order dated 21.09.2004, the reference Court enhanced the market value of the acquired lands from Rs.40,000/- per acre to Rs.80,000/- per acre. Hence, these appeals by the State. Before the reference Court, four witnesses were examined on behalf of the claimants and three sale deeds were marked. For the State, the Revenue Divisional Officer was examined as R.W.1 and four documents were adduced in evidence. The reference Court, taking note of the fact that the sale transactions under Exs.A.1 to A.3 pertained to the years 1984 and 1987, opined that they were genuine and bona fide. It therefore placed reliance on the fact that the lands therein fetched a sale consideration of Rs.1,20,000/- per acre. Though the claimants failed to adduce any evidence in support of their claim that the market value of the acquired land would be Rs.2,50,000/- per acre, the reference Court was impressed that the market value even as in the year 1987 was in the range of Rs.1,20,000/- per acre. Giving due concession for the fact that the land involved in the sale transactions were small extents, the reference Court fixed the market value of the acquired land at Rs.80,000/- per acre. This exercise on the part of the reference Court does not reflect any error on facts or in law warranting interference in appellate jurisdiction. As the sale transactions relied upon were sufficiently anterior in point of time to the acquisition, they commended credibility and the approach of the reference Court in acting upon the same cannot be found fault with. We therefore do not see any reason to interfere. The Appeals are devoid of merit and are accordingly dismissed. There shall be no order as to costs. ------------------------------ GODA RAGHURAM,J --------------------------- SANJAY KUMAR,J 19TH JANUARY, 2011. PGS