THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.2372 of 2000 JUDGMENT: (per the Hon’ble Sri Justice Noushad Ali) This appeal is filed by the Land Acquisition Officer/Mandal Revenue Officer challenging enhancement of compensation in O.P.No.66 of 1988, dated 29-12-1999 on the file of the Senior Civil Judge, Miryalguda (for short “the Reference Court”). An extent of Ac.2-64 cents in Sy.No.66 situated at Shakapur village, Nidmannor Mandal, Nalgonda District, was acquired for the purpose of house sites in pursuance of Notification, dated 24- 05-1983, issued under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”). Pursuant to the said notification, the appellant passed award No.B/400/83, dated 18-06-1986, fixing the market value at Rs.12,000/- per acre. Not satisfied with the said fixation of market value, the respondents sought for a reference under Section 18 of the Act and on such reference, the reference was registered as O.P.No.66 of 1988 on the file of the Senior Civil Judge, Miryalguda. The Reference Court based on Ex.A-1-sale deed document No.830/82, dated 05-11-1982 and Ex.A-2-sale deed document No.832/82, dated 05-11-1982 and also on the oral evidence fixed the market value at Rs.48,000/- per acre and after deducting 25% as development charges from out of the said value, fixed the value at Rs.36,000/- per acre. This appeal is filed by the Land Acquisition Officer contending that enhancement of compensation from Rs.12,000/- per acre to Rs.36,000/- per acre is excessive and Exs.A-1 and A-2 relate to sale transactions with regard to only a small extent of one gunta of land sold @ Rs.48,000/- per acre and the same would not reflect correct market value, as the land acquired is a huge extent of Ac.2-64 cents. The point for consideration is:- Whether the market value fixed by the Reference court @ Rs.36,000/- per acre is proper? Exs.A-1 and A-2 are the registered sale deeds, which were executed on 05-11-1982, whereas the subject land was acquired by notification dated 24-05-1983 i.e., with a gap of six months. No doubt, Exs.A-1 and A-2 relate only to an extent of one gunta of land sold @ Rs.1,200/- per gunta i.e., @ Rs.48,000/- per acre and the said acquisition relates to house sites only. As per the oral evidence, the land acquired is situated abutting the road leading to Parvathipuram and that housing zone of Parvathipuram village is on one side of that road and opposite to it, the acquired land is situated. Therefore, the land acquired as well as the land covered by Exs.A-1 and A-2 are similar in nature and having the same inherent potentiality for the house sites. We are of the opinion that the Reference Court had rightly relied on Exs.A-1 and A-2 and held that the land acquired as well as the land covered by Exs.A-1 and A-2 are similar in nature. However, as noted above, total extent of land acquired is Ac.2-64 cents. Since acquisition was for the purpose of house sites in a small village with 3000 population, atleast 30% of the land is required for development purpose, whereas the Reference Court deducted only 25%. We are, therefore, of the opinion that after deducting 30%, the true and correct market value would be Rs.33,600/- per acre. We, therefore, hold that the market value at Rs.36,000/-, as fixed by the Reference Court, is excessive and, therefore reduce and fix at Rs.33,600/- per acre only. Needless to say that the claimants are also entitled to all statutory benefits accrued thereon. Accordingly, the judgment and decree in O.P.No.66 of 1988, dated 29-12-1999, is modified and the appeal is allowed to the extent indicated above. There shall be no order as to costs. ________________ V.ESWARAIAH, J _______________ NOUSHAD ALI, J Date: 21-09-2010 Prv