HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.780, 1276 and 2690 of 2000 Dated: 29-04-2010 A.S.No.780 of 2000 Between: State through the Land Acquisition Officer, Doulthabad. Appellant AND Atma Lingam Respondent. A.S.No.1276 of 2000 Between: State through the Land Acquisition Officer, Doulthabad. Appellant AND A.Peda Rama Goud Respondent. A.S.No.2690 of 2000 Between: State through the Land Acquisition Officer, Doulthabad. Appellant AND Rama Chandra Goud Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.780, 1276 and 2690 of 2000 COMMON JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) These three appeals are arising out of the same award and the issue involved is one and the same, and therefore, they are heard together and are being disposed of by this common judgment. These appeals by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) are directed against the orders of the Subordinate Judge, Siddipet, dated 26.4.1990 made in O.P.Nos.77, 82 and 71 of 1989 respectively, whereby the compensation for the acquired land was enhanced from Rs.2,500/- per acre to Rs.9/- per square yard. Various extents of land belonging to the claimants-respondents herein situated in Anajipur Village was acquired by Government for the purpose of providing house-sites to the weaker sections of the society by publishing draft notification under Section 4(1) of the Act on 7.5.1984. The Land Acquisition Officer after conducting enquiry, passed an award on 31.1.1985 fixing the market value of the acquired land at Rs.2,500/- per acre as against the claim of Rs.10/- per square yard. The claimants having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimants appeared and filed claim statements before the reference Court claiming compensation at Rs.70,000/- per acre. To prove the market value, the claimants in each O.P. themselves examined as P.W.1 but did not file any documentary evidence. On behalf of the referring Officer, the M.R.O. was examined as R.W.1 and the award copy was marked as Ex.B.1. On a consideration of the evidence available on record, the reference Court enhanced the compensation by fixing the market value at Rs.9/- per square yard. Aggrieved by the same, the present appeals are filed by the Land Acquisition Officer. The evidence adduced by the claimants discloses that they used to raise commercial crops like sugarcane, ginger, tobacco etc., and derived net annual income of Rs.10,000/- to Rs.15,000/- per acre, but no material was placed to substantiate the income received by them. Their evidence also discloses that the land is centrally located and having all developed facilities like market yard, school, hospital. Furthermore R.W.1 in the cross-examination admitted that with regard to the acquisition of similar land situated in Dommatta Village, which is adjacent to Anajipur Village, the reference Court fixed the market value at Rs.15/- per sq.yd. in O.P.No.40 of 1987. Though the appeals are pending for the last ten years, the Land Acquisition Officer has not taken any steps to get the respondents served by paying necessary batta. Coming to the merits, the very fact that the claimants used to raise commercial crops like sugarcane, ginger, tobacco itself shows that the lands are Bhagayath lands (garden lands). Further, keeping in view of the fixation of the market value in the adjacent village of Dommatta in O.P.No.40 of 1987 and as the very purpose of acquisition of the land is for providing house-sites, considering the potentiality, the reference Court rightly fixed the market value at Rs.9/- per sq.yd. in the absence of availability of any sale deeds, which, in our considered view, is just and reasonable compensation. We see no merits in the appeal. In the result, the appeals are dismissed. No costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 29, 2010 G.V. SEETHAPATHY, J. Tsr.