THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.1660 & 1784 of 1999 Date of Judgment: 15-03-2010 Between: The Land Acquisition Officer, Mandal Revenue Officer Nalgonda ..Appellant and Sk.Dude Saheb ..Respondent The Court made the following common Judgment: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE G.V.SEETHAPATHY A.S.Nos.1660 & 1784 of 1999 Common Judgment: (Per Honourable Sri Justice G.V.SEETHAPATHY) 1. These two appeals under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) are directed against the common order passed by the Senior Civil Judge, Khammam in L.A.O.P.Nos.192 and 193 of 1988, dated 24-02-1999 respectively. 2. An extent of Ac.4.20 gts. in Sy.No.105 of Pandregupalli Village was acquired for providing house sites to the weaker sections by issuing notification under Section 4(1) of the Act on 05-12-1983. The Land Acquisition Officer (LAO) based on sales statistics fixed the market value at Rs.6,000/- per acre. Being not satisfied with the same the claimants in both the OPs. sought for reference under Section 18 of the Act to the civil court. In the enquiry before the civil court common evidence was recorded in L.A.O.P.No.193 of 1988. The claimant in L.A.O.P.No.193 of 1988 was examined as P.W.1 and no documents were marked on behalf of the claimants. The LAO was examined as R.W.1 and award copy was marked as Ex.B1. The reference Court by the impugned common order enhanced the market value of the acquired land from Rs.6,000/- to Rs.12,000/- per acre. Aggrieved by the same, the LAO preferred the present appeals. 3. As seen from the material available on record and particularly the evidence of P.W.1 and R.W.1, there is a well in the acquired land and acquired land is situated abutting the road, which is leading from the village to Vallabhi, and village is at a distance of 5 kilometres from the said road. It is also the evidence of P.W.1 that they are getting 15 quintals of mirchi (chilli) or 10 quintals of red gram or 10 to 12 quintals of cotton and market value is Rs.40,000/- per acre. P.W.1 testified that the village is having civic amenities like school, electricity besides factories at a distance of 2 kilometres. The LAO, who was examined as R.W.1, also admitted that the village is separated from the Khammam town only by river Munneru and the village is at a distance of 4 kilometres from the Mandal Head Quarters of Mudigonda. R.W.1 also admitted that mirchi crop is raised in the acquired land. 4. From the above evidence, it is clear that the acquired land is a fertile land and yields commercial crops like Mirchi, Red gram and Cotton and is situated abutting the village, which is having all the necessary civic amenities and is very near to Khammam town separated only by Munneru river. However, the claimants did not adduce any evidence in support of their claim regarding yield from the acquired land. The evidence on record also established that the acquired land though agricultural in nature is fit for providing house sites and situated abutting the village and very near to Khammam town and is having potentiality for development. 5. Under these circumstances, taking potentiality of the land having its close proximity to the village and Khammam town, nature of the soil and capability of land yielding commercial crops, the reference Court enhanced the market value from Rs.6,000/- as fixed by the LAO to Rs.12,000/- per acre. 6. The enhancement made by the reference Court is just and reasonable having regard to the facts and circumstances stated above, and the same does not call for any interference by this Court. 7. In the result, both the appeals are dismissed. No order as to costs. ________________ A.GOPAL REDDY, J. _________________ G.V.SEETHAPATHY,J. 15-03-2010 Murthy