IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE TWENTY NINTH (29TH) DAY OF APRIL, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2684 of 2000 Between: The Land Acquisition Officer/Revenue Divisional officer, Miryalaguda. …Appellant And: M. Dharma Reddy & others … Respondents HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2684 of 2000 JUDGMENT: [per GVS, J] This appeal under Section 54 of the Land Acquisition Act by the Land Acquisition Officer-cum-Revenue Divisional Officer, Miryalaguda, is directed against the order dated 29.07.2000 in OP No.38 of 1992, on the file of the Senior Civil Judge, Miryalaguda, wherein the reference Court has enhanced the compensation from Rs.2,500/- per acre as fixed by the Land Acquisition Officer, to Rs.35,000/- per acre. 2. Heard the learned Government Pleader for Appeals for the appellant-State. None appeared for the respondents-claimants. Perused the record. 3. It is stated that the 2nd respondent died and no steps were taken to bring the legal representatives of the 2nd respondent on record. Hence, proceedings against the 2nd respondent stand abated. 4. An extent of Ac.2.23 guntas of dry land situated in Somavarigudem village, belonging to the claimants was acquired in the year 1989 for the purpose of laying 500 MM Pipe line for Nalgonda Water Supply scheme. Draft notification under Section 4(1) of the Land Acquisition Act (for short ‘the Act’) was issued on 19.06.1989 and draft declaration under Section 6 of the Act was issued on 06.07.1989. After due enquiry, the Land Acquisition Officer, following the procedure prescribed, had passed an award on 29.06.1991 fixing the market value at Rs.2,500/- per acre. Meanwhile, possession of the land was taken on 04.11.1989. Not satisfied with the award passed by the Land Acquisition Officer, the claimants sought reference to the civil Court seeking enhancement of the compensation and claiming compensation at Rs.5,000/- per gunta. 5. In support of their claim, P.W.1, the first claimant was examined and another witness P.W.2 was examined and Exs.A.1 to A.5 were marked on behalf of the claimants. The Land Acquisition Officer was examined as DW.1 and Ex.B-1 award proceedings was marked on behalf of the Land Acquisition Officer. 6. PW.1 has testified that the land is agricultural land and classified as dry. Though, the claimants have claimed market value at at Rs.5,000/- per gunta, they have not filed any documents in support thereof. The Land Acquisition Officer has referred to certain sales statistics and item No.4 of the sales statistics showed that an extent of Ac.2.35 guntas of dry land in Sy.No.440 was sold at Rs.28,375/- per acre in the year 1986. Item No.105 of the sale statistics showed that an extent of Ac.7.26 guntas of dry land in Sy.No.369 was sold at Rs.14,000/- per acre. The Land Acquisition Officer has ignored the said sales statistics. The claimants, on the other hand, relied on Exs.A.2 to A.5 sale deeds, while seeking enhancement of the compensation. Ex.A.2 is the certified copy of the judgment dated 10.12.1988 in AS No.2160 of 1992, wherein an extent of Ac.3.20 guntas of land in Sy.No.178 of Mupparam village was acquired for providing house sites to the weaker sections and the Land Acquisition Officer awarded Rs.2,000/- per acre and the civil Court on reference, enhanced the same to Rs.24,000/- per acre in OP No.55 of 1988 and the Land Acquisition Officer preferred an appeal and this Court, after deducting 1/3rd of the amount, fixed the compensation at Rs.16,000/- per acre. Under Ex.A.4 the certified copy of the judgment dated 06.02.1991 in OP No.55 of 1988, draft notification in the said case was issued on 23.11.1982. Ex.A.3, the certified copy of the order dated 24.01.1997 in AS No.98 of 1992, shows that an appeal was preferred against the judgment and decree dated 06.03.1991 in OP No.64 of 1988, wherein the compensation was enhanced to Rs.40,000/- per acre. Based on the judgment Ex.A.4 against which the appeal was preferred to the High Court by the Land Acquisition Officer, the same was dismissed on the ground that the acquisition in both the cases is in one and the same village and for the same purpose. Ex.A.4 shows that the extent of Ac.3.20 guntas of land in Sy.No.378 of Mupparam village was acquired for the same purpose of providing house sites and the subject land under acquisition is an extent of Ac.2.23 guntas, but the purpose is for laying pipeline for Nalgonda Water supply Scheme. The lands covered by two proceedings are situate hardly at a distance of half kilometre from one another. Under Ex.A.2 this Court fixed the market value at Rs.16,000/- per acre in respect of the land, which is situate in the vicinity of the acquired land. The said acquisition was, however, in the year 1982, the notification having been issued on 23.11.1982. While adopting the said valuation, the reference Court had rightly escalated the same by 10% and owing to long lapse of period between the notification under Ex.A.2 and the present notification of the subject land under acquisition and the total market value after such escalation at 10%, comes to Rs.31,181/-. The course adopted by the reference Court in fixing the market value of the acquired land after duly taking into consideration of the nature of the land, its location and proximity to the village and also market value of the surrounding lands in the vicinity, as fixed by this Court in the earlier proceedings, is just and proper and the market value accordingly fixed by the reference Court at Rs.35,000/- per acre for the subject lands under acquisition, after taking into consideration all the relevant factors, is just and reasonable and does not call for any interference. 7. In the circumstances, we do not see any merits in the appeal. The orders passed by the reference Court, awarding compensation at the rate of Rs.35,000/- per acre together with the statutory benefits, is therefore, confirmed. 8. In the result, the appeal is dismissed. No order as to costs. _________________ A.GOPAL REDDY, J ___________________ G.V.SEETHAPATHY, J Date: 29.04.2010 Bss/lrkm