IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE 29TH DAY OF APRIL, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1965 OF 2000 Between: The Land Acquisition Officer, Mandal Revenue Officer, Mothey. … Appellant And Amboth Peda Sevaya and two others … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1965 OF 2000 JUDGMENT: - (Per Hon’ble Sri Justice A.Gopal Reddy) The Land Acquisition Officer-cum-Mandal Revenue Officer filed this appeal under Section 54 of the Land Acquisition Act, 1894 (for brevity, “the Act”) questioning the enhancement of the compensation by the Subordinate Judge, Suryapet in O.P.No.73 of 1987, dated 20.07.1990. Notification under Section 4(1) of the Act, dated 03.06.1986 was issued acquiring Ac.7-52 cents of land in survey No.552 situated at Ramapuram village for providing house sites to weaker sections. The Land Acquisition Officer after complying the due formalities fixed the market value of the acquired land at Rs.8,000/- per acre, as against Rs.1,500/- per gunta i.e., Rs.60,000/- per acre claimed by the claimants. Dissatisfied with the said fixation, the claimants on receiving the amount under protest requested the Land Acquisition Officer to refer the matter to civil court for due determination of the compensation for the acquired land. On such reference being made, the claimants appeared and filed necessary claim statement claiming compensation at Rs.1,500/- per gunta. To substantiate the market value, 3rd claimant examined himself as P.W.1 and Ex.X1-registered sale deed, dated 11.09.1984, Ex.X2 - certified copy of the registered sale deed were marked. On behalf of the referring officer, Ex.B1-award was marked. The registered sale deeds under Exs.X1 and X2 were also referred to by the Land Acquisition Officer in his award and rejected the same as the rates are abnormal, where the transaction recorded at Rs.30,000/- per acre and the reference Court after deducting 50% of the amount towards deductions and further deducting Rs.2,000/- therefrom, fixed the market value of the acquired land at Rs.13,000/- per acre, which is less than the market value given as on the date of issuance of the notification. But in the operative portion of the judgment, the reference Court observed that Rs.13,000/- per acre is over and above the compensation of Rs.8,000/- per acre awarded by the Land Acquisition Officer, whereas the reference court fixed the market value at Rs.13,000/- per acre and decree is also correctly drafted fixing at Rs.13,000/- per acre. It is now fairly well settled that under Section 51-A of the Act, when the sale deeds were marked the contents of the same can be taken into consideration for fixation of the market value. When the transaction under Ex.X1 was recorded at Rs.30,000/- per acre, fixation of the market value at Rs.13,000/- per acre, do not call for any interference by this Court. Accordingly, the appeal suit is dismissed. No costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 29th April 2010 lmv