THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR L.A.A.S.Nos.141 and 148 of 2006 COMMON JUDGMENT (Per the Hon’ble Sri Justice A. Gopal Reddy) Since these two appeals arise out of the common order, dated 26.11.2002, passed by the Additional Senior Civil Judge, Guntur in L.A.O.P.Nos.81 and 82 of 1988, they are taken up together and being disposed of by this common judgment. An extent of Acs.53.46 cents of land belonging to the claimants situated in various survey numbers in Ramachandrapuram Agraharam Village of Guntur Rural Mandal was acquired for the purpose of providing house sites to the weaker sections, by issuing draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) on 02.01.1982. The Land Acquisition Officer, after completing due formalities, and after obtaining the sale statistics of three years preceding the notification, passed Award No.1/87, dated 29.04.1987, fixing the market value of the acquired land @ Rs.47,000/- per acre. As seen from the award, except in Survey Nos.15/2, 15/2, 16/1, 16/3, 17/2, 18/1 and 21/2, where 51½ cents, 51½ cents, 3.82 cents, 2.20 cents, 3.06 cents, 2.93 cents and 1.50½ were notified, the rest of the Survey Nos. are ranging from 100 square yards to 3415 square yards. The claimants, who have not satisfied with the fixation of the market value, sought to refer the matter to the Civil Court under Section 18 of the Act. On references being made to the Civil Court and on receipt of notices, the claimants, appeared before the Civil Court and filed their respective claim statements claiming compensation @ Rs.200/- per square yard. In order to prove the market value, on behalf of the claimants, P.Ws.1 to 5 were examined and Exs.C.1 to C.8 were marked. On behalf of the Referring Officer, R.W.1 was examined and Ex.B.1, Award dated 29.04.1987 was marked. P.Ws.1 to 5 deposed that the market value of the acquired land was Rs.100/- per square yard and R.Agraharam is a well developed residential area. The acquired lands are within the limits of Guntur Municipality. On the southern side of the acquired land there are oil mills and cotton mills, on the northern side Kodandaramaiah Hospital and on the eastern side Sampath Nagar, Srinivasaraothota localities are situated. They also deposed that the acquired land is useful for commercial crops like cotton, mirchi etc., and they used to get income of Rs.8,000/- to Rs.10,000/- per year per acre. Exs.C.1 and C.2 are the registration extracts of sale deeds dated 26.08.1981 and 27.11.1985, Exs.C.3, C.4 and C.5 are the valuation certificates dated 22.09.1988, Ex.C6 is the valuation certificate issued by the District Registrar, Ex.C.7 is the plan and Ex.C.8, is the certified copy of G.O.Ms.No.91, dated 16.09.1983. Under Ex.C.1, an extent of 100 square yards of land situated in Survey No.11 was sold @ Rs.60/- per square yard on 26.08.1981, whereas under Ex.C.2, 242 square yards of land situated in Survey No.20/4 was sold @ Rs.100/- per square yard on 27.11.1985. The evidence adduced by the claimants clearly establish that the acquired lands are within the Corporation limits and that R.Agraharam is abutting the residential locality of Smpath Nagar and the acquired lands are situated within 2 k.ms radius from the heart of Guntur City. R.Agraharam itself is a well developed residential area and there are residential houses abutting the acquired lands. Taking all the factors into consideration, the Court below fixed the market value of the acquired land @ 75,000/- per acre. Since the acquired lands are having high potentiality to be used as house sites and many of the claimants have purchased plots ranging from 100 to 400 square yards, only two claimants are owning 51½ cents each, and five claimants are owning 3.82 cents, 2.20 cents, 3.06 cents, 2.93 cents and 1.50½ cents, the claimants are entitled to compensation atleast @ Rs.60/- per square yard, which works out to Rs.2,90,000/- per acre. Even after giving 1/3rd deduction, the same will come to more than Rs.2,00,000/- per acre. Due to acquisition of large extents, small plot owners are deprived of the compensation, and the Court below awarded only Rs.75,000/- per acre. In view of the same, and in the absence of any cross objections preferred by the claimants, we do not find any other option except to confirm the market value fixed by the reference Court. In the result, the appeals are dismissed. There shall be no order as to costs. _______________________ A. GOPAL REDDY, J ________________________ B.CHANDRA KUMAR, J Date: 09.09.2009 va