HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1434 OF 1997 Dated: 13-04-2010 Between: Land Acquisition Officer-cum- Mandal Revenue Officer, Moinabad. Appellant AND Shanker Singh & Another.. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1434 OF 1997 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘Act’) by the Land Acquisition Officer-cum-Mandal Revenue Officer, Moinabad is filed questioning the enhancement of compensation by the Subordinate Judge, Vikarabad in O.P.No.34 of 1993, dated 29.12.1995 whereby the market value of the acquired land was fixed at Rs.20,000/- per acre as against Rs.13,000/- per acre awarded by the Land Acquisition Officer. An extent of Ac.3.37 gts. of land in Sy.No.14/1 & 4, situated in Ethebrapalli Village belonged to the claimants was acquired on 3.6.1987 for providing house sites to the weaker sections of the society, but notification under Section 4(1) of the Act was published on 15.2.1992. The Land Acquisition officer after complying due formalities passed an award fixing the market value of the acquired land at Rs.13,000/- per acre. Dissatisfied with the said fixation, the claimants sought for reference to the civil Court and accordingly, the matter was referred to the civil Court under Section 18 of the Act and on receipt of notice, the claimants appeared and filed claim statement before the reference Court claiming compensation at Rs.2.50 lakhs per acre. To prove the inadequacy of the market value, P.Ws.1 to 3 were examined and Exs.A.1 to A.3 were marked on behalf of the claimants. On behalf of referring officer, R.W.1 was examined and the copy of award was marked as Ex.B.1. P.W.1 deposed that the acquired land is black cotton soil, crops like cotton, vegetables and fruit garden being grown therein. He filed Ex.A.2, certificate issued by the Mandal Revenue Officer showing the market value at the rate of Rs.2.00 lakhs per acre in respect of neighbouring land. In the cross-examination, he admitted that he did not file any document before the Land Acquisition Officer to substantiate the market value prevailing as on the date of acquisition and did not file documents to show that he used to raise crops like sugarcane and other crops. P.W.2 testified that he sold the land admeasuring 224 sq.yds. situated in Sy.No.150 in favour of P.W.4 for Rs.5,600/- which works out to Rs.25/- per sq.yd. and Rs.1,21,000/- per acre, and that the Mandal Revenue Officer issued a certificate showing the market value of Sy.No.150 at Rs.2.00 lakhs per acre under Ex.A.2. However, in the cross-examination, he admitted that he obtained Ex.A.2 certificate for obtaining loan from the bank and denied the suggestion that Sy.No.150 is far away from the acquired land. He substantiated the evidence of P.W.1 about his raising crops like paddy, sugarcrane, vegetables etc. P.W.3 was examined to prove that the land adjacent to the acquired land was changed as house plots and residential houses being constructed in the said plots and that the market value of the acquired land is more than Rs.2.00 per acre. P.W.4, the purchaser under Ex.A.3 sale deed was examined to prove the sale transaction under Ex.A.3. Further, it is to be noted that the possession of the land was taken on 3.6.1987 and that the claimants were deprived of the income from the commercial crops being raised as stated by them, for about five years. Keeping in view of the same, the market value as has been fixed by the reference Court at Rs.20,000/- per acre cannot be said to be exorbitant and in fact, even if Ex.A.3 sale deed is taken into consideration coupled with Ex.A.2 certificate issued by the Mandal Revenue Officer, the value of the land comes to Rs.1,20,000/- per acre, whereas, the reference Court fixed only Rs.20,000/- per acre. In that view of the matter, we do not see any merit in the appeal. Now, the learned Government Pleader rightly contended that the claimants are not entitled to interest on the enhanced compensation from the date of taking possession, the date of which is not exact. We presume that the possession of the land was taken as on the date of passing of the award. Therefore, the claimants are entitled to interest at 9% per annum and additional market value at the rate of 12% per annum on the compensation amount from the date of notification under Section 4(1) of the Act to the date of the award and interest at 9% per annum from the date of notification for a period of one year and if possession was taken after issuance of 4(1) notification, from the date of such taking possession for a period of one year and thereafter at 15% per annum on the compensation till the payment including the solatium and additional market value. Subject to the above modification, the appeal is dismissed. No costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 13, 2010 G.V. SEETHAPATHY, J. Tsr.