HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2483 OF 1999 Dated: 21-04-2010 Between: The Special Deputy Collector-cum- Land Acquisition Officer, SRSP, Pochampad. Appellant AND Gandla Gandhari & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2483 OF 1999 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal is preferred by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘Act’) questioning the order and decree of the Subordinate Judge, Nirmal made in O.P.No.32 of 1994, dated 18.10.1996. An extent of Ac.8.07 guntas of land, situated in various survey numbers of Soan Village, Nirmal Mandal belonging to the claimants-respondents herein was acquired for excavation of D.No.13, KM 4 to 5.950, D-13 14-TE KM.0.020 to 0.750 and D-13/6 RK.M.0.015 to 1.175 by issuing draft notifications under Section 4(1) of the Act on 28.2.1989 and 1.3.1989. The Land Acquisition Officer, after conducting due enquiry and after obtaining necessary sale statistics, passed an award fixing the market value at Rs.4,500/- per acre Aggrieved by the said fixation of the market value, the claimants filed an application under Section 18 of the Act for referring the matter to the civil Court for due determination of the market value of the acquired land. On reference being made, the claimants appeared before the reference Court and filed claim statement claiming compensation at the rate of Rs.35,000/- per acre. In order to prove the market value, on behalf of the claimants, R.Ws.1 and 2 were examined and Exs.B.1 and B.2 were marked. On behalf of the referring officer, no oral evidence was adduced, but the copy of the award was marked as Ex.A.1. The reference Court after analyzing the oral evidence and documentary evidence brought on record, fixed the market value at Rs.10,000/- per acre. R.W.2 deposed that under Ex.B.2-sale deed, dated 1.6.1988, he sold half acre of land at the rate of Rs.7,300/- which works out to Rs.14,600/- per acre and that the distance between the acquired land and the land covered by Ex.B.2 is about a furlong. Nothing contra was elicited in the cross-examination of R.W.2 to discredit his testimony. Ex.B.1 is the certified copy of order made in O.P.No.46 of 1988, dated 1.6.1988. As seen from Ex.B.1, the lands of Ganjal Village were acquired in the year 1988 for the very same purpose and the land Acquisition officer awarded compensation at the rate of Rs.5,000/- per acre and on reference being made, the reference Court enhanced the compensation to Rs.10,000/- per acre. However, in the cross- examination, R.W.2 admitted that the land covered by Ex.B.2 is far away from the acquired land and therefore, Ex.B.2 has not been taken as a comparable sale for fixation of the market value, but the reference Court taking the same as basis, fixed the market value of the acquired land at Rs.10,000/- per acre. It is not disputed that the land covered by Ex.B.1 was acquired earlier to the present acquisition and basing on Ex.B.1, if escalation is given for the time lag, the claimants herein are entitled to Rs.12,000/- per acre for the acquired land. However, in Ex.B.1, the Land Acquisition Officer awarded Rs.5,000/- per acre, but in the present case, the Land Acquisition Officer awarded Rs.4,500/- per acre. Further, under Ex.A.1 the sale deed referred to in serial No.17 of the award, land to an extent of Ac.0.27 guntas of Soan Village was sold at Rs.10,500/- in the year 1987, but the same has not been taken into consideration by the Land Acquisition officer in fixing the market value. Further, the claimants were deprived of the possession of the land five to six years earlier to the issuance of the notification under Section 4(1) of the Act. Therefore, considering the evidence brought on record, the fixation of the market value by the reference Court at Rs.10,000/- per acre is just and reasonable. We see no merit in the appeal. Accordingly, the appeal is dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 21, 2010 G.V. SEETHAPATHY, J. Tsr.