THE HON’BLE SRI JUSTICE V. ESWARAIAH And THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.2933 of 1999 JUDGMENT: (Per Hon’ble Sri Justice V. Eswaraiah) This appeal, under Section 54 of the Land Acquisition Act, 1894, (for short ‘the Act’) by the Land Acquisition Officer-cum-Special Deputy Collector, IPT & Railways, Khammam, is directed against the common order dated 09.08.1999 passed in O.P.No.9 of 1995 on the file of the Senior Civil Judge, Sathupally. An extent of Ac.1.07 guntas of land in S.No.49/3 belonging to the claimant in the present O.P. along with other lands, situated at Siripuram and Kalakota villages of Madhira Mandal, Khammam District, were acquired for the purpose of construction of High Level Bridge across Wyra River at Km. 10/4 of Madhira – Tatikunta road, pursuant to the draft notification issued under Section 4(1) of the Act dated 5.09.1993. The Land Acquisition Officer, after conducting award enquiry, passed award dated 30.10.1993 fixing the market value of the acquired lands at Rs.9000/- per acre. On a request made by the claimants, the matter was referred to the civil Court under Section 18 of the Act. On reference being made, the claimants appeared before the reference Court and filed their claim statements contending that the acquired lands are very fertile lands, in which they used to raise commercial crops like chillies, sugar cane, jasmine garden, green-gram, red-gram and other crops, and were getting Rs.15,000/- to Rs.20,000/- per acre excluding all the expenses. To substantiate their claim, on behalf of the claimants, the claimant in the present O.P. was examined as PW.1; the attestor of the sale deed under Ex.A.1 was examined as PW.2 and the vendor of Ex.A.1 under which an extent of two guntas of land in S.Nos.75/1, and 76/AA situated in Siripuram village was sold, was examined as PW.3, and Exs.A.1 and A.2 were marked. In rebuttal, the Special Deputy Tahsildar, (Land Acquisition) Khammam was examined as RW.1 and Ex.B.1-award copy was marked. The reference Court observed that the evidence of PWs.2 & 3 go to show that an extent of two guntas of land in S.Nos.75/A and 76/AA of Siripuram village was sold for a consideration of Rs.2700/-. The evidence of PW.3 goes to show that the land acquired is at a distance of 1 ½ furlong from the land covered by Ex.A.1, but as per the evidence of PW.1 the distance between the land covered by Ex.A.1 and the lands acquired is about three furlongs. However, the land covered by Ex.A.1 and the acquired lands are within the vicinity of the village. Therefore, the reference Court placed reliance on Ex.A.1 sale transaction. But however, since Ex.A.1 is in respect of a small extent of two guntas of land, the reference Court deducted 40% of the value and after giving 5% escalation for difference period between Ex.A.1 sale deed and the date of notification under Section 4(1) of the Act, fixed the compensation @ Rs.25,000/- per acre. We are of the opinion that placing reliance on Ex.A.1 sale transaction, which was pertaining to the same village in which the acquired lands are situated, where a willing purchaser purchased an extent of two guntas of land from the willing seller, being a small extent, the reference Court rightly deducted 40% of the value and by giving 5% escalation fixed the compensation @ Rs.25,000/- per acre. Therefore, it cannot be said that placing reliance on Ex.A.1 sale transaction by the reference Court is erroneous. We do not see any merit in the appeal. Accordingly, the appeal is dismissed. There shall be no order as to costs. _________________ V. ESWARAIAH, J. ______________ NOUSHAD ALI, J. 8th September, 2010 Js.