THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NOS.2646, 2650, 3813 AND 3820 OF OF 2000 Dated. 30-11-2010 Between: Bh.Sambasiva Reddy and others …Appellants Vs. Special Tahsildar, Land Acquisition, Guntur ..Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NOS.2646, 2650, 3813 AND 3820 OF OF 2000 COMMON JUDGMENT(Per NRLN,J) These appeals are filed against the common award dated 24-02-2000 in O.P.Nos.438 of 1984 and batch on the file of the Court of Principal Senior Civil Judge, Guntur where-under the court below has confirmed the award of the Land Acquisition Officer but granted statutory benefits under the amended Land Acquisition Act, 1894 ( for short “the Act”). The claimant in LAOP No.454 of 1984 is the appellant in A.S.No.2646 of 2000; claimants in LAOP No.536 of 1984 are appellants in AS No.2650 of 2000; claimant in LAOP No.449 of 1984 is appellant in AS No.3813 of 2000 and claimants in LAOP No.450 of 1984 are appellants in AS.No.3820 of 2000. An extent of Ac.20.67 cents of land situated in Tadepalli Village, Mangalagiri Mandal, Guntur District belonging to all claimants was acquired for formation of an approach road to the 2nd Road Bridge on Krishna River and notification was given on 09-09-1982 and impugned award was passed on 06-08-1984 fixing the market value of the acquired land @ Rs.20,000/- per acre. The claimants were not satisfied with the compensation fixed by the Land Acquisition Officer and on their applications a reference was made to the civil Court. According to the contentions of the appellants and other claimants, the referring officer did not take into consideration the potentialities of the land acquired and also could not see that the sale transactions could not be affected in view of the existence of the Urban Land Ceiling Act and market value fixed by the Land Acquisition Officer is not real. Having accepted that the lands are most fertile, the claimants wanted compensation to be fixed @ Rs.1,50,000/- per acre. All O.Ps were clubbed together and a common order was passed, which are now under appeal. The points that arise for consideration are:- (a) Whether the market value fixed by the Land Acquisition Officer and confirmed by the civil court is real and correct? (b) Whether the claimants are entitled to the enhancement of compensation and if so to what amount? (c) Whether the order passed by the learned Senior Civil Judge is legal and sustainable? (d) To what relief POINTS:- The claimants mainly contended before the lower court that the potentialities of the land was not taken and relied upon the sale deeds Exs.A-1 to A-7 and Ex.A-10 is the certified copy of the sale deed dated 11-01-1982 which was few months prior to the notification. The learned Senior Civil Judge found that no person connected with the sale transaction (Ex.A-10) was examined. The lower court found that none of the persons connected with the sale transactions and passing of the consideration were examined. Further more, the lower court discarded Ex.A-10 on the ground that it relates to a small extent of land. Several decisions were placed before the lower court and they have been considered by the lower court and Ex.A-10 sale transaction was not acted upon. A reliance was sought to be made on the award (Ex.A-8) dated 06-08-1984 where-under for the lands acquired by the Government the compensation was fixed at Rs.1,00,000/- per acre. It was noticed by the lower court that those lands are not similar to the lands under acquisition. Therefore, the lower court has rejected the claim. However, the learned counsel for the appellants contends that in the same village for the same purpose an extent of Ac.26.34 cents of lands was acquired and a draft notification was published on 06-02-1982 and an award was passed as Award No.12/1984 fixing the market value of the compensation @ Rs.20,000/- per acre and the civil court in a batch of O.Ps being O.P Nos.394 of 1985 and others enhanced the compensation to Rs.36,000/-. Against that judgment, appeals were filed before this Court in AS No.2553 of 2003 and batch and this court by its judgment dated 19-04-2007 confirmed the enhancement @ Rs.36,000/- per acre fixed by the lower court and further granting the benefit of interest on solatium to the claimants. According to them, since the lands are situated in the same village and the fact being that for potentialities of development of the neighbouring town of Vijayawada the lands were acquired and there was a boost of market rates in the neighbouring lands, it can be taken as a relevant market value for the benefit of the appellants also. We are convinced with the argument of the learned counsel for the appellants, since the lands are in the same village and extents of land acquired are small belonging to several agriculturists owning agricultural lands and purpose of acquisition also being the same, the fixation of market value at Rs.36,000/- will be just and reasonable. Accordingly, the market value of the acquired land under appeals is fixed at Rs.36,000/- per acre with all statutory benefits including the interest on solatium. Accordingly, the appeals are liable to be allowed. Therefore, Appeal Suits are allowed to the extent indicated above. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 30-11-2010 TSNR