THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE K.S. APPA RAO APPEAL SUIT No. 211 of 2002 JUDGMENT: (Per NVR,J) The Land Acquisition Officer (Mandal Revenue Officer), Jagtial, preferred the present appeal against the order and decree dated 11.09.2001 passed in O.P. No. 33 of 1993 by the Senior Civil Judge, Jagtial, Karimnagar District. Brief facts of the case are that the lands of the respondents- claimants, to a total extent of Ac.6-07 gts. in Sy. Nos. 88, 89, 90 and 476 situated at Porandla Village, Jagtial Mandal of Karimnagar District, along with two wells situated therein, were acquired by the Government under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’), by issuing notification under Section 4(1) of the Act published on 07.09.1990, for the purpose of providing house sites to the Schedule Caste and weaker section people of Porandla Village. The Land Acquisition Officer, after following the due procedure prescribed under the Act, has passed award fixing the market value of the acquired land at the rate of Rs. 7,000/- per acre and the value of the well situated in Sy.No.88/A at Rs.2,215/- and another well situated in Sy.No.476/B at Rs.18,500/-. Dissatisfied with the compensation awarded by the Land Acquisition Officer, the claimants sought reference of the matter to Civil Court, and accordingly the Land Acquisition Officer has referred the matter to the reference Court under Section 18 of the Act, for determination of the market value of the acquired lands and wells. On the reference being made, the respondents-claimants have filed claim statement before the reference Court and claimed the market value of the acquired lands at the rate of Rs.2,00,000/- per acre and the value of the two wells situated therein at the rate of Rs.50,000/- and Rs.75,000/- respectively. Before the reference Court, P.Ws.1 to 4 were examined and Exs.A1 to A5 were marked on behalf of the respondents-claimants, while the Land Acquisition Officer was examined as R.W.1 and Ex.B1 was marked on behalf of the appellant-Land Acquisition Officer. The reference Court, having considered the oral and documentary evidence adduced by the parties, fixed the market value of the lands under acquisition at Rs.20,000/- per acre and the value of the well situated in Sy.No.476/B at Rs.23,125/- and another well situated in Sy.No.88/A at Rs.2,812/-, and also granted to the claimants, other statutory benefits as detailed in the order under appeal, and accordingly answered the reference, by order dated 11.09.2001. Aggrieved thereby, the present appeal is preferred by the Land Acquisition Officer. Heard the Assistant Government Pleader for Appeals appearing for the appellant- Land Acquisition Officer. In spite of service of notice, none appeared for the respondents-claimants. We have also perused the order under appeal and other material available on record. As can be seen from the order under appeal, the claimants have examined P.Ws.1 to 4 and marked Exs.A1 to A5 on their behalf. Exs.A1 and A2 documents relate to sale transactions held in respect of similar lands in the vicinity, within reasonable time prior to the 4(1) notification, and they would show the value of the lands covered thereunder at Rs.18,000/- and Rs.18,720/- per acre respectively, as on 21.01.1988 and 07.04.1989. Though the Land Acquisition Officer has discarded the said sale transactions while fixing the market value of the acquired lands, on the ground that the land covered under Exs.A1 and A2 is situated quite adjacent to the village and is a well-developed area and therefore cannot be compared with the lands under acquisition, the fact remains, P.Ws.1 to 3 have categorically deposed that the land covered under Exs.A1 and A2 is situated nearer to the acquired land and that commercial crops are being raised in both the lands and they are similar in nature and potentiality, which was admitted by R.W.1 in his evidence. The reference Court further referred to Ex.A5, which is the certified copy of the judgment dated 11.12.1985 passed by the reference Court in O.P. No.41 of 1984, in respect of similar land in the vicinity, enhancing the market value of the land to Rs.20,000/- per acre. Thus, having regard to the sale transactions under Exs.A1 and A2 and the orders passed by it under Ex.A5, the reference Court felt that the value of the land under acquisition can be reasonably fixed at Rs.20,000/- per acre and the value of the wells be enhanced by 25% over and above the value fixed by the Land Acquisition Officer therefor. Accordingly, the reference Court fixed the market value of the lands under acquisition at Rs.20,000/- per acre, and the value of the well situated in Sy.No.476/B at Rs.23,125/- and another well situated in Sy.No.88/A at Rs.2,812/-, which, in our considered opinion, is just and reasonable and needs no interference in this appeal. The appeal suit is devoid of merit and is accordingly dismissed. No order as to costs. __________________ JUSTICE N.V. RAMANA ___________________ JUSTICE K.S. APPA RAO 12th July, 2011 IBL