THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE MR JUSTICE K.S.APPA RAO APPEAL SUIT.No.1976 of 1998 DT.01-12-2011 Between: Special Deputy Collector for Land Acquisition for O.N.G.C, Rajahmundry. …Appellant And Vaka Chellaram Naga Bapuji & ors … Respondents Counsel for the Appellant: G.P for Appeals. Counsel for respondent: Sri The Court made the following JUDGMENT: THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE MR JUSTICE K.S.APPA RAO APPEAL SUIT.No.1976 of 1998 JUDGMENT: (per Hon’ble Sri Justice K.S.Appa Rao) The present appeal is filed aggrieved by the Judgment and Decree in O.P.No.93 of 1988, dated 27-7-1998, on the file of Additional Senior Civil Judge, Rajahmundry. An extent of Ac.10-00 of land situated in Sy.No.407/10 of Rajahmundry rural and Rajahmundry Mandal was acquired for the purpose of construction of Base Complex, Administrative Officers, Storage Sheds for O.G. Project, Rajahmundry as per Award No.2/88, dated 31-3-1988. On enquiry, the Land Acquisition Officer awarded compensation of Rs.50,000/- per acre. Dissatisfied with the compensation awarded by the Land Acquisition Officer, the claimants requested to refer the matter to the Civil Court under Section 18 of the Land Acquisition Act, and accordingly, the reference was made to adjudicate whether the compensation of Rs.50,000/- per acre awarded by the Land Acquisition Officer for the aforesaid land is sufficient or not. The trial Court after due and elaborate enquiry enhanced the compensation to Rs.1,40,000/- per acre as against Rs.50,000/- per acre awarded by the Land Acquisition Officer. Being aggrieved by the same, the present appeal is filed. Now the point that arises for consideration in this appeal is whether the enhancement of compensation from Rs.50,000/- per acre to Rs.1,40,000/- per acre by the trial Court is just and reasonable and is sustainable in the set of circumstances brought out by the claimants herein. Admittedly, notification was issued under Section 4 (1) of the Land Acquisition Act for acquisition of the lands in question. In this case, 4 (1) notification was issued on 1-11-1987. On behalf of the claimants PWs.1 to PW.8 were examined and got marked Exs.A.1 to A.18. On behalf of the Government RW.1 and RW.2 were examined and got marked Exs.B.1 to B.3. Exs.A.3, A.4, A.16 and A.17 are lay out proceedings and Ex.A.18 is the rough plan filed by the claimants showing adjacent lands nearer to the acquired land. A perusal of the aforesaid documents and as per the impugned order, Exs.A.1 and A.5 to A.12 are the sale deeds prior to the present 4 (1) notification and the claimants relied upon the said documents. The extent covered under Ex.A.1 is Ac.22.87 cents in Sy.No.204/1A, 205/1 and 208/2. As per Ex.A.1, the lands covered therein fetched at Rs.1,35,000/- per acre for some extent and Rs.1,40,000/- per acre for some extent and Rs.1,75,000/- for some extent. In order to prove Ex.A.1, PW.2 was examined, who deposed that the land covered under Ex.A.1 is a potential land and the building society purchased the land in open auction from the Endowment Department at the rate of Rs.1,35,000/- for some extent and at Rs.1,40,000/- for some extent and Rs.1,75,000/- for some extent. Ex.A.10 is another certified copy of sale deed dated 13-10-1986 and the extent covered by the said document is 240 sq. yards of site in Sy.No.394 and 395. According to the said document, the value of the said land is Rs.3,14,600/- per acre. PW.6 is examined to prove Ex.A.10. Ex.A.12 is another certified copy of registered sale deed dated 5-2-1987 to an extent of 294 sq yards in Sy.No.14. To prove the said document PW.7 is examined. According to him the land covered therein fetched Rs.1,93,600/- per acre. Admittedly, as per the evidence of RW.1 and RW.2, the lands covered under Ex.A.1, A.10 and A.12 are very nearer to the acquired lands. The recitals therein also clearly reads that the lands were already converted into house plots. Admittedly, the land in question was acquired for the purpose of construction of Base Complex and other permanent structures for O.G. Project, Rajahmundry. It is pertinent to note that the property under Ex.A.1 was purchased by the Building Society in the open auction from the Endowment Department at Rs.1,35,000/- per acre for some extent and Rs.1,40,000/- to some extent and Rs.1,75,000/- for some extent. Basing on the aforesaid sale transactions, the trial Court fixed the market value at Rs.1,40,000/- per acre after deducting 40% towards developmental charges. The reference Court well discussed the evidence on record and came to the correct conclusion while enhancing the compensation from Rs.50,000/- to Rs.1,40,000/- per acre. Therefore, we see no infirmity in the finding arrived at by the trial Court while enhancing the compensation from Rs.50,000/- to Rs.1,40,000/- per acre. Accordingly, the appeal is dismissed confirming the Judgment and Decree in O.P.No.93 of 1988 dated 27-7-1998, on the file of the Additional Senior Civil Judge, Rajahmundry on all counts. No costs. ________________ V. ESWARAIAH,J ________________ K.S.APPA RAO,J DATE:01-12-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE MR JUSTICE K.S.APPA RAO (The Judgment of the Delivered by Hon’ble Sri Justice K.S.Appa Rao) APPEAL SUIT.No.1976 of 1998 DT.01-12-2011 GRK