THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.2181 OF 1998 DT.02-12-2011 Between: The Special Deputy Collector, Land Acquisition Unit, Huzurabad. … Appellant And Gade Mallaiah & 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 SRI JUSTICE K.S.APPA RAO APPEAL SUIT No.2181 OF 1998 J U D G M E N T: (Per Hon’ble Sri Justice K.S.Appa Rao) Aggrieved by the Judgment and Decree dated 22-12-1997 in O.P.No.28 of 1997, on the file of Sub-ordinate Judge, Huzurabad, the Special Deputy Collector, the Land Acquisition Unit, Huzurabad filed this appeal. The land in question situated at Valbhapoor and Kanaparthy villages of Veenavanka Mandal was acquired for the purpose of excavation of 13 R and 14 B DBM-15 Canal under the limits of Valbhapoor and Kanaparthy villages by issuing notification under Section 4 (1) of the Land Acquisition Act which was published in A.P. Gazettee on 8-8-1984. After due enquiry, the Land Acquisition Officer fixed the market value of the acquired lands at Rs.7,000/- per acre. Dissatisfied with the same, on the request made by the claimants, the matter was referred under Section 18 of the Land Acquisition Act before the civil Court for enhancement of the compensation. The reference Court, after due enquiry, enhanced the compensation from Rs.7,000/- to Rs.19,800/- per acre. Aggrieved by the same, the present appeal is filed by the Government. Now the point that arises for consideration in this appeal is whether the compensation enhanced by the reference Court is just and reasonable and is sustainable. Before the reference Court, on behalf of the claimants PWs.1 and 2 were examined and got marked Exs.A.1 and A.2 and on behalf of the respondents, RW.1 was examined and got marked Exs.B.1 and B.2. Ex.A.1 is the registered sale deed in Doc.No.41/1982 dated 7-1-1982 issued by the Sub-Registrar, Huzurabad, basing on which the reference Court enhanced the compensation. P.W.1 is the claimant No.9 who deposed that the lands in question are Bagayath lands and are fertile and they used to raise commercial crops like Mirchie, Cotton, Tobacco etc., and used to get annual income of Rs.25,000/- and are useful for house-sites. Therefore, he prayed for compensation at Rs.40,000/- per acre. The same is corroborated with the evidence of one Elka Srinivasa Reddy who was examined as PW.2 who stated that one Elka Raji Reddy sold his land to one Kolanu Narsimha Reddy in the year 1982 at the rate of Rs.40,000/- per acre but got the same registered at Rs.16,000/- per acre and he was the attester of the document Ex.A.1 sale deed\. A combined reading of evidence of PWs.1 and 2, it is clear that the acquired lands are Bagayath lands being irrigated by the well water and are situated adjacent to the village and the market value of the said lands at the time of acquisition was more than the compensation fixed by the Land acquisition Officer. Admittedly, as per the evidence of PWs.1 and 2, the land in question is at a distance of 3 to 4 kilometres to the land covered under Ex.A.1. Ex.A.1 was registered on 7-1-1982 and the date of acquisition of the present lands is notified on 8-8-1984. Therefore, the lands in question were acquired subsequent to Ex.A.1 sale deed. The reference Court has well placed reliance on Ex.A.1 sale deed, which is 2 ½ years prior to the issuance of present notification under Section 4 (1) of the Land Acquisition Act, and enhanced the compensation from Rs.7,000/- to Rs.19,800/- per acre. The attester of Ex.A.1 is also examined to prove transaction under Ex.A.1 sale deed. Therefore, we see no ground to differ with the findings arrived at by the reference Court below while enhancing compensation from Rs.7,000/- to Rs.19,800/- per acre. Accordingly, the appeal is dismissed confirming the Judgment and Decree dated 22-12-1997 in O.P.No.28 of 1997, on the file of Sub-ordinate Judge, Huzurabad in all respects. No costs. ______________ V. ESWARAIAH,J ______________ K.S.APPA RAO,J Date: 02-12-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.S.APPA RAO (The Judgment of the Bench delivered by Hon’ble Sri Justice K.S.Appa Rao ) APPEAL SUIT No.2181 OF 1998 DT.02-12-2011 GRK