HONOURABLE SRI JUSTICE V.ESWARAIAH & HONOURABLE SRI JUSTICE NOUSHAD ALI APPEAL SUIT No.645 of 1998 Dated 7-9-2010. Between: The State of Andhra Pradesh through the Land Acquisition Officer, (M.R.O), Regonda. …Petitioner. And: Thota Rajaiah and others. ...Respondents. HONOURABLE SRI JUSTICE V.ESWARAIAH & HONOURABLE SRI JUSTICE NOUSHAD ALI APPEAL SUIT No.645 of 1998 JUDGMENT: (Per the Honourable Sri Justice Noushad Ali) This appeal is directed against the orders dated 23-4- 1996 passed in O.P.No.102 of 1986 on the file of the II Additional Subordinate Judge, Warangal. The lands belonging to the respondents/claimants of an extent of Ac.9.09 gts. in S.Nos.272, 273, 274, 300, 301 and 302 of Rupreddypally village H/o. Dammannapet village in Regonda Mandal were acquired for the purpose of house sites pursuant to the notification issued under Section 4 (1) of the Land Acquisition Act published on 2-6-1984. The Land Acquisition Officer passed an award fixing the market value at Rs.12,000/- per acre. Some of the claimants were awarded compensation for wells also. Not satisfied with the said market value, on the request of the respondents/claimants, the matter was referred to the Civil Court under Section 18 of the Land Acquisition Act and the reference was registered as O.P.No.102 of 1986. The respondents/claimants filed claim statement before the Court below claiming Rs.40,000/- per acre towards the acquired land contending that the lands are fit for construction of houses and the lands are situated at a distance of four K.Ms., from the village. The claimant Nos.1 to 4, 6 and 8 to 10 claimed a sum of Rs/.28,000/-, Rs.20,000/-, Rs.12,000/-, Rs.16,000/-, Rs.8,000/-, Rs.12,000/-, Rs.35,000/-, and Rs.25,000/- respectively as compensation for the wells. In support of their claim, the respondents-claimants examined P.Ws.1 to 13 and Exs.A.1 to A.5 were marked on their behalf. On the other hand, the Land Acquisition Officer did not adduce either oral or documentary evidence. The Reference Court, on a consideration of the evidence and based on Ex.A.1 Registration Extract of registered sale deed dated 10-12-1979 in favour of Preliminary Agriculture Co- operative Society, Dammannapet of which P.W.8 was the president, fixed the marked value at Rs.22,000/- per acre and accordingly enhanced the compensation for the acquired land. The Land Acquisition Officer has preferred this appeal before this Court contending that the enhancement so made by the Reference Court is excessive and that Reference Court was not right in adopting the value as per the sale deed under Ex.A.1 dated 10-12-1979. There is no challenge to the compensation awarded for the wells. We have considered Ex.A.1 document and the evidence of P.W.8. Ex.A.1 relates to the sale transaction in respect of Ac.0.11gts of land situated in S.No.63/A for Rs.6,600/- which works out to Rs.24,000/- per acre. According to the evidence of P.W.8, who is the President of Primary Agriculture Co-operative Society, Dammannapet village, the said land was purchased on 10-12-79 and got it registered under Ex.A.1. The land covered under Ex.A.1 is just adjacent to the acquired lands and on the land covered by Ex.A.1, he got constructed a building for the society. He also stated that after purchase, the market value was actually increased upto Rs.50,000/- per acre. He further deposed that the land purchased under Ex.A.1 and the land acquired both are equally potential and utility. In the cross-examination, he reiterated the same and stated that the distance between the society building and the land acquired is about 100 yards. Therefore it is evident from the evidence of P.W.8 that even though the survey number of the land covered by Ex.A.1 is different, the lands being adjacent to each other, we are of the opinion that Ex.A.1 document is a relevant document and the market value enhanced by the Reference Court based on Ex.A.1 sale deed cannot be said to be excessive. The enhancement ordered by the Reference Court, therefore, is just and reasonable and the same is not liable to be interfered with in this appeal. The Appeal is accordingly dismissed. No costs. ________________________ JUSTICE V.ESWARAIAH ________________________ JUSTICE NOUSHAD ALI Dated 7-9-2010. Dvs HONOURABLE SRI JUSTICE V.ESWARAIAH & HONOURABLE SRI JUSTICE NOUSHAD ALI APPEAL SUIT No.645 of 1998 (Judgment delivered by the Honourable Sri Justice Noushad Ali) Dated 7-9-2010.