THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE P.DURGA PRASAD L.A.A.S. No.765 of 2005 ORDER: (Per the Hon’ble Sri Justice B.Prakash Rao) This appeal is filed by the claimants under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) assailing the legality and validity of the Award in O.P. No. 3 of 2000, dated 8.11.2004 on the file of the I Additional District Judge, Mahabubnaagar. The brief facts of the case are that the land in an extent of Acs.0.10.51 guntas, situated on the National High Way No.7 at Kothur belonging to the appellants-claimants was sought to be acquired by the respondent for the purpose of construction of railway over bridge at 3514 K.M. A notification under Section 4(1)of the Act was issued on 4.7.1996. Possession was taken on 1.3.1997 and thereafter the Land Acquisition Officer conducted an enquiry and passed Award on 21.1.1998 fixing the market value at Rs.90,000/- per acre. Aggrieved, the claimants filed objections before the Land Acquisition Officer demanding compensation at Rs.500/- per sq. yard. Thereafter, the Land Acquisitions Officer referred the matter to the Civil Court under Section 18 of the Act for determination of the compensation amount. Accordingly, the matter was taken up by the Court below. During the course of enquiry, on behalf of the appellants, P.Ws. 1 and 2 were examined and Exs. A1 to A6 were marked. On behalf of the respondent, R.W.1 was examined. However, no documentary evidence was let in. On a perusal of the oral and documentary evidence on record, the Court below determined the market value for the lands in question at Rs.230/- per sq. yard, with all the attendant benefits. Being dissatisfied, the appellants filed the present appeal. Learned counsel appearing on behalf of the appellants contended that having regard to the conclusive and acceptable evidence under Exs.A2 and A4, the Court below ought not to have determined the market value for the acquired lands at such a lower rate. There is absolutely no reason for rejecting these documents as they conclusively show the market value, on the basis of which the present value of the lands acquired can be fixed. The learned Assistant Government Pleader appearing on behalf of the respondent strenuously opposed the aforesaid contention stating that Ex.A2, as such is not comparable and the Court below while observing so, has made necessary deductions to the extent of 3/4th of the market value. Even Ex.A4 stands on a totally different footing since the land in the said proceedings were having structures and therefore, the amount in respect of those lands was fixed at a higher rate at Rs.485/- and the same cannot be made applicable to the appellants. Therefore, the point that falls for consideration is what could be just and reasonable market value for the acquired lands ? There is no dispute with regard to the fact that the lands are required for the purpose of a public purpose. It is also a fact that in respect of the lands which have been covered by Ex.A4 Award, the amount was fixed at Rs.485/- per square yard. However, a distinction is sought to be drawn by the learned Government Pleader by stating that there are structures and houses existing on the lands covered by Ex.A4. Be that as it may, the transaction under Ex.A2, which is covered by a registered sale deed dated 17.9.1993, can quite certainly form as a comparative sale transaction even though it is little distant from the lands in question. It is also seen from the record that the Court below has deducted 3/4th of the value from Ex.A2 mainly on the ground that the claimants have not given the comparative sales of the other lands located within that area and filed material only with regard to sale of an industrial shed and of a house plot, which cannot be a ground for rejection of Ex.A2 as such. In view of the fact that the lands in question have got high potential value, there cannot be any discrimination against the appellants, who are the owners of the lands in question. Therefore, the Court below was not justified in granting an amount of Rs. 230/- per sq. yard. Hence we feel it appropriate to fix the market value of the lands in question at Rs.400/- per square yard. Accordingly, the appeal is allowed and the market value is enhanced from Rs.230/- per sq. yard to Rs.400/- per sq. yard. In addition to this, the appellants are also entitled for additional market value, solatium etc., as per the amended provisions of the Act. No costs. _________________ (B.PRAKASH RAO, J) ___________________ (P. DURGA PRASAD, J) Date: 1st February,2011 pnb