HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.12 OF 2000 Dt.7.7.2010 Between: Dasari Nagaratnamma ..Appellant And The Mandal Revenue Officer & LAO Pedanandipadu, Pedanandipadu Mandal, Guntur District. ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.12 OF 2000 JUDGMENT: (Per Sri Justice V.Eswaraiah) Appellant herein is the claimant. An extent of Ac.2.70 cents in Sy.No.426/1 situate at Nagulapadu hamlet of Katrapadu village of Pedanandipadu Mandal, Guntur District, was acquired for the purpose of house sites pursuant to the notification, dated 29.1.1983 issued under Section 4(1) of the Land Acquisition Act (for short, the Act). The Land Acquisition Officer passed award No.1 of 1986, dated 23.9.1986, awarding compensation at the rate of Rs.10,000/- per acre. On reference under Section 18 of the Act, the learned Senior Civil Judge, Bapatla, in L.A.O.P. No.55 of 1987 by order dated 24.11.1998 enhanced the compensation from Rs.10,000/- to Rs.38,000/- per acre basing on Ex.A-2 and the claimant is entitled to 30% solatium and 12% as additional market value and interest as per Section 34 of the Act. The Reference Court held that the claimant is not entitled to interest on solatium and additional market value. Aggrieved by the same, the claimant filed this appeal. Learned counsel for the appellant contended that the Reference Court erroneously discarded Ex.X-1 sale deed, that the lands were purchased in public auction for a sum of Rs.65,700/- for 27 cents on 26.4.1985 and if Ex.X-1 document is taken into account even after deducting 1/4th towards development, the market value would be Rs.1,82,500/- per acre. It is further stated that the lands covered under Ex.X-1 are in close proximity of 150 yards from the main road. It is further stated that the Reference Court ought to have taken into account Ex.A-2 and the land was acquired in 1977 whereas the present land was acquired in 1983 i.e., about six years later and therefore there should have been reasonable increase over and above the land acquired under Ex.A-2. Accordingly, the claimant sought for enhancement at the rate of Rs.1,82,500/- per acre. But, in the course of arguments, the learned counsel for the appellant fairly submits that the claim of the appellant before the Reference Court was only Rs.70,000/- per acre and therefore he restricted his claim to Rs.70,000/- per acre alone. The claimant was examined as C.W.1 and she heavily relied on Ex.X1 sale deed dated 26.4.1985. The claimant also relied on Ex.A-2 which was the subject matter of the acquisition of land in the same Survey Number wherein this Court enhanced the compensation at the rate of Rs.38,000/- per acre. C.W.2 was examined for the purpose of relying on Ex.X-1 who purchased an extent of Ac.0.27 cents for a sum of Rs.65,700/- in public auction said to have been conducted in May, 1983 and the sale deed was executed on 26.4.1985. C.W.3 is an advocate commissioner who filed Ex.X-5 plan. R.W.1 was examined on behalf of the Referring Officer and marked Ex.B-1. He stated that basing on sale transactions during the relevant period the Land Acquisition Officer fixed Rs.10,000/- as market value which is reasonable and the claim of the claimants for compensation between Rs.60,000/- and Rs.70,000/- is not justified. Heard both the learned counsel and perused the record. We are of the opinion that the Reference Court has rightly relied on Ex.A-2. Ex.A-2 is the certified copy of judgment of the Division Bench of this Court in A.S.Nos.2482 and 2483 of 1988, dated 20.8.1998, which arose out of O.P.Nos.42 of 1983 and 26 of 1985 on the file of the Subordinate Judge, Bapatla, and the order of the Reference Court in the said O.Ps., was filed as Ex.A-1. As per Exs.A-1 and A-2 documents an extent of Ac.1.43 cents in Sy.No.426/2 of Katrapadu village of Pedanandipadu Mandal, Guntur District, was acquired for the purpose of house sites pursuant to the notification, dated 1.7.1977. The said acquisition was 5 ½ years prior to the acquisition of the lands in question. In the said case, the Land Acquisition Officer fixed the market value at Rs.15,100/- per acre and the Reference Court enhanced and fixed the market value at Rs.25,000/- per acre. On appeal, the Division Bench of this Court enhanced the compensation to Rs.38,000/- per acre. If Rs.38,000/- per acre fixed by this Court pursuant to the notification on 1.7.1977 is taken into consideration, we are of the opinion that the claimant is entitled to escalation for 5 ½ years. Both the lands are situating in the same Sy.No.426 of Katrapadu village. Therefore, the claimant is entitled to escalation of 10% every year and for 5 ½ years it comes to 55% and if 55% escalation is calculated on the market value of Rs.38,000/- it comes to Rs.58,900/-. Therefore, we are of the opinion that it is just and proper to fix the market value of the acquired land at Rs.60,000/- per acre. Admittedly, Ex.X-1 sale deed is two years subsequent to 4(1) notification and the said land is not in the same survey number and it is at a different place. However, the said survey number covers small extent of Ac.0.27 cents alone. If it being a later sale transaction in public auction, the Reference Court rightly did not rely on the said document. Accordingly, the appeal is allowed in part enhancing the compensation from Rs.38,000/- to Rs.60,000/- per acre. The claimant is also entitled to all statutory benefits including interest on solatium on the enhanced market value. No order as to costs. ________________ V.ESWARAIAH, J. ________________ NOUSHAD ALI, J. 7.7.2010 kpr