THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR A.S. No. 316 of 1999 Judgment: (per Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) by the Tahsildar-cum-Land Acquisition Officer, Jadcherla, Mahaboobnagar District is directed against the award of the Subordinate Judge, Mahaboobnagar, in O.P. No. 28 of 1990, dated 17.12.1996, whereby the reference made under Section 18 of the Act was partly allowed. Heard the learned Government Pleader for Appeals and the learned counsel for the respondents/claimants. An extent of Ac.4-24 cents in survey No.214 and an extent of Ac.1-60 cents in Survey No.137, totally admeasuring Ac.5-84 cents of land situated in Thommidirekula village, Keshampet Mandal, Mahaboobnagar District was acquired for construction of houses to weaker sections. A draft notification under Section 4(1) of the Act was published in the gazette on 02.11.1982 and possession of the land was taken on 30.11.1982. The Land Acquisition Officer, after due enquiry and after complying all the formalities under the Act, by his award dated 28.03.1984, fixed the market value of the land at Rs.1100/- per acre. The claimants, on receipt of the above compensation under protest, filed a petition under Section 18 of the Act for referring the matter to the Civil Court for due determination of the compensation. On a reference being made and on issuing notices, the claimants filed their claim statements claiming compensation at Rs.50/- per sq. yard , for well Rs.50,000/- and for pipe line Rs.25,000/- with other statutory benefits. In order to prove the market value of the acquired land, PWs.1 to 4 were examined and Ex.A1 to A5 were marked on behalf of the claimants. On behalf of the Land Acquisition Officer, one witness was examined as RW.1 and Exs.B1 to B4 were marked. Ex.A4, certified copy of Pahani for the year 1982-83 discloses that the claimants raised chillies, tomato and other crops, whereas the evidence of PWs.1 and 2 disclosed that they used to raise groundnut, tobacco and vegetables etc., in the acquired land. In order to prove the market value, the claimants mainly relied on Exs.A2 and A3 registered sale deeds, which were executed by PW.1 in favour of one Ediga Venkataiah and P. Anasuyamma on 23.11.1982 and 27.07.1982 respectively. PW.3 is the purchaser of the land under Ex.A2. He purchased Ac.0-01 gt of land in Survey No214 for the purpose of construction from PW.1 on 23.11.1982, whereas PW.4, who is the son of Anasuyamma, the purchaser of the land under Ex.A3, deposed that his mother purchased the land admeasuring 0-03 gts., for Rs.3,000/-, which works out to Rs.40,000/- per acre. Ex.A2 is subsequent to the date of notification and Ex.A3, which is also in respect of the remaining land of the same survey number dated 27.07.1982, was discarded by the lower Court on the ground that on coming to know of the land acquisition proceedings Ex.A3 was brought into existence by inflating the market value. If Exs.A2 and A3 exclude from consideration, there is no other comparable sale deed available for fixation of the market value. The lower Court, having considered the evidence of the parties and Ex.A4 Pahani to the effect that the claimants used to raise chillies, tomato and other crops which are commercial in nature, fixed the market value of the acquired land at Rs.5,000/- per acre on some guise work. Indisputably, the lands were acquired for the purpose of providing house sites to weaker sections, which are nearer to the village and where the commercial crops were grown, as evident from Ex.A4 pahani. In view of the same, the method adopted by the lower Court in fixing the market value on the basis of the crops raised is not in violation of the legal principles for determining the market value. Therefore, we are not inclined to interfere with the discretion exercised by the lower Court in fixing the market value at Rs.5,000/- per acre. The appeal is devoid of merit and the same is accordingly dismissed. No costs. _______________________ A. GOPAL REDDY, J. ___________________ B. CHANDRA KUMAR, J. Date: 04.08.2009 Nsr