HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE K.S.APPA RAO Appeal Suit No.899 of 1998 Date: 22-11-2011 Between The State of Andhra Pradesh, Rep. by its Special Deputy Collector, Unit-II, SLBC, Gandhamvarigudem, Nalgonda … Appellant/Respondent and Kakani Anasuryamma and 11 others … Respondents/Claimants HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE K.S.APPA RAO Appeal Suit No.899 of 1998 Judgment: (per K.S.Appa Rao, J.) Being aggrieved by the order and decree, dated 25-9-1997, in O.P.No.53 of 1993 on the file of the Subordinate Judge, Suryapet, Nalgonda district (for short ‘the reference Court’), the present appeal is filed. 2. The Land Acquisition Officer, Gandhamvarigudem, acquired lands to an extent of Ac.6-30 gts., in Survey Nos.25, 27/3, 32, 33, 34 and 35 of Yeswantapur village, Kodad Mandal, Nalgonda district, belonging to the claimants for formation of approach road from Tripuram to Ananthagiri by Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), which was approved vide G.O.Rt.No.511, dated 27-11-1980, determining the market value of the land as on 01-7-1953 at the rate of Rs.500/- per acre including Rs.100/- towards developmental charges as on 01-7-1953. On protest by the claimants, he referred the matter under Section 18 of the Act to the reference Court and the same is numbered as O.P.No.53 of 1993. After due enquiry, the reference Court enhanced the compensation from Rs.500/- to Rs.10,000/- per acre. Being aggrieved, the present appeal is filed by the State. 3. The learned Government Pleader for Appeals appearing for the appellant- LAO urged that the reference Court, without any basis, enhanced the compensation from Rs.500/- to Rs.10,000/- per acre, which is very exorbitant and excessive and the same deserves to be reduced and further alleged that the order of the reference Court is not sustainable. 4. Now, the point for consideration is : Whether the enhancement of compensation of Rs.10,000/- per acre from Rs.500/- per acre is just and reasonable and that the order of the reference Court is sustainable ? 5 . Point: - In the reference Court, on behalf of the claimants, P.Ws.1 to 3 were examined and got marked Exs.A-1 to A-8 and on behalf of the respondent-LAO, R.W.1 was examined and got marked Ex.B-1. Ex.B-1 is the award copy dated 30-3- 1992. The same was challenged before the reference Court. 6. In proof of the claim of the claimants, the claimant mainly relied on Exs.A-1 to A-6 certified copies of pahanies for the years 1989 to 1991. As per the said pahanies, the land in question is wet land and was being used for cultivation. In the award, it is stated that the said land is dry land, but there is no documentary evidence to that effect. On the contrary, the claimants have filed documentary evidence under Exs.A-1 to A-6, relates to the lands, issued by the Revenue authorities. Therefore, the documentary evidence under Exs.A-1 to A-6 cannot be doubted. The recitals therein clearly read that the claimants were getting income on cultivation there under. Therefore, it can be said without any slightest doubt that those lands are wet lands and yielding income. 7. The claimants claimed compensation for the acquired lands at Rs.1,00,000/- per acre. P.W.1 is the 10th claimant, P.W.2 is the 5th claimant and P.W.3 is a neighbour, having land near the acquired lands. According to P.W.2, the acquired land is in an extent of Ac.6-30 gts., and in the year 1981 the market value of those lands are Rs.50,000/- per acre and in the year 1992 the same was raised for Rs.1,00,000/- per acre and the present market value of the land is more than Rs.1,70,000/- per acre. 8. In support of the same, P.W.1 filed certified copy of sale deed dated 13-02- 1985 of the Sub Registrar, Kodad, which shows that the market value of the land in that area is Rs.53,000/- per acre in the year 1985 itself. He has also filed a registered sale deed dated 28-5-1982 of the Sub Registrar, Kodad, showing the value of the land as Rs.53,333/- per acre. He has also filed award copy dated 18-8- 1993 passed by the Land Acquisition Officer, Nalgonda. Admittedly, the acquired land is at a distance of 3 to 4 kms., to the National Highway and there is a High School, Hospital, Rice Mill, Shopping Complex and Post Office, and bus facility. His evidence further reads that those lands are also similar in nature and similar fertility to the lands in acquisition. 9. P.W.3 deposed that he is having Ac.4-00 of land and he sold Ac.0-15 gts. of land in the year 1982 in the said Survey number to one Ch.Satyanarayana and Ch.Anjaiah under a registered sale deed dated 28-5-1982 for consideration of Rs.20,000/- and in proof of the same, he filed the said document marked as Ex.A-7. Ex.A-8 is another registered sale deed dated 13-02-1985 and the lands thereunder were sold for the purpose of construction of houses. 10. Therefore, it can be said that the lands in question are also having very good potentiality. The reference Court, while discussing the evidence on record, came to the correct conclusion and enhanced the compensation at the rate of Rs.10,000/- per acre in right perspective. 11. In any view of the matter, we see no grounds to differ with the finding of the reference Court. Accordingly, the finding of the reference Court is confirmed awarding at Rs.10,000/- per acre. 12. In the result, the appeal suit is dismissed. No costs. ___________________ V.ESWARAIAH, J. ___________________ K.S.APPA RAO, J. 22nd November, 2011. Ak HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE K.S.APPA RAO Appeal Suit No.899 of 1998 (Judgment of the Division Bench delivered by KSAR, J.) 22nd November, 2011. (Ak)