THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.305 of 2003 JUDGMENT: (Per Hon’ble Sri Justice V. Eswaraiah) This appeal suit is filed by the Special Tahsildar (Land Acquisition Officer) (LAO), Nellore, questioning the judgment and decree dated 05.08.2002 in O.P.No.4 of 1998 passed by the learned Senior Civil Judge, Nellore, whereby the compensation in respect of the acquired land was enhanced from Rs.7,000/- to Rs.14,000/- per acre. The facts of the case are that the land to an extent of Acs.2.76 cents in survey Nos.91-A, 91-B, 91-D1, 96-B2 & 96-D situated in Golagamudi Village, Hamlet of Anikepalli Village of Venkatachalam Mandal, which belongs to the respondent/claimant, was acquired by the Government for providing house sites to Harijans in Golagamudi Village, by issuing a draft notification under Section 4(1) of the land Acquisition Act, 1894 (for short ‘the Act’), which was published on 03.09.1984. Declaration under Section 6 of the Act was published on 27.09.1984 and as the land was acquired urgently, clause under Section 17(4) of the Act was invoked dispensing with the enquiry under Section 5-A of the Act and advance possession was taken on 01.10.1984. Against the claim of Rs.15,000/- per acre as claimed by the claimant, the LAO, relying on a sale deed dated 24.06.1983 showing the market value at Rs.7,000/- per acre, passed an award dated 07.01.1985 fixing the market value of the acquired land at Rs.7,000/- per acre. Reference was made by the appellant in L.A.O.P.No.4 of 1998 before the Court of the Principal Senior Civil Judge, Nellore. Before the reference Court, on behalf of the claimant, husband of the claimant was examined as P.W.1. The Mandal Revenue Officer, Venkatachalam, was examined as R.W.1 and the copy of the award was marked as Ex.B1. The learned Senior Civil Judge, considering the facts and circumstances of the case and the evidence on record, especially relying on the evidence of R.W.1, who admitted that the claimant is entitled for compensation at Rs.15,000/- per acre for the acquired land, enhanced the compensation to Rs.14,000/- per acre from Rs.7,000/- as awarded by the LAO. The question that arises for consideration in this appeal suit is whether the enhancement made by the reference Court in respect of the acquired land from Rs.7,000/- to Rs.14,000/- per acre is excessive? The learned counsel for the appellant contended that as the LAO and the reference Court considered the very same sale transactions while arriving at the market value of the acquired land, the enhancement made by the reference Court is without any basis. As per the evidence of R.W.1, the acquired land is situated at a distance of 1 k.m. from the deity Venkayyaswamy of Golagamudi and 3 k.m. away from Nellore and he admitted that the compensation awarded by the LAO is unreasonable and that the claimant is entitled for compensation for the acquired land at Rs.15,000/- per acre. Though the claimant relied on a sale deed dated 08.08.1984 while claiming compensation for the acquired land at Rs.10,000/- per acre, the LAO, relying on a sale transaction dated 24.06.1983 showing the market value at Rs.7,000/- per acre, awarded compensation at Rs.7,000/- per acre for the acquired land. However, the reference Court, based on the oral evidence of R.W.1, who admitted that the claimant is entitled for compensation at Rs.15,000/- per acre for the acquired land, without there being any supporting documentary evidence, granted compensation for the acquired land at Rs.14,000/- per acre. In view of the facts and circumstances of the case, especially that the acquired land is situated near the temple and the Nellore city, the compensation awarded by the LAO is at lower side and since the compensation awarded by the reference Court for the acquired land at Rs.14,000/- per acre is without any basis and the sale deed dated 08.08.1984 shows the market value at Rs.10,000/- per acre, this Court is of the opinion that compensation at Rs.10,000/- per acre for the acquired land would be just and reasonable. As far as the applicability of the Amended Act 64 of 1984 is concerned, both the learned counsel conceded that the respondent/claimant is entitled for the benefits under the amended Act. Accordingly, the respondent/claimant is entitled for compensation at Rs.10,000/- (Rupees ten thousand only) per acre for the acquired land and the impugned judgment and decree dated 05.8.2002 in O.P.No.4 of 1998 are modified accordingly. In all other respects, the judgment of the reference Court is confirmed. It is further made clear that the respondent/claimant is entitled for all the benefits under the Amended Act 64 of 1984. Subject to the above, the Appeal Suit is partly allowed. _______________ V. ESWARAIAH, J ______________ NOUSHAD ALI, J 06th September, 2010 GHN