HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NOs.442, 770, 1149 & 1190 OF 2000 Dt.6.10.2010 A.S.No.442 of 2000 Between: The Land Acquisition Officer, IPT & Rlys., Khammam. ..Appellant And Talluri Ramulu ..Respondent A.S.No.770 of 2000 Between: The Land Acquisition Officer, IPT & Rlys., Khammam. ..Appellant And Sodium Bodappa ..Respondent A.S.No.1149 of 2000 Between: The Land Acquisition Officer, IPT & Rlys., Khammam. ..Appellant And Karam Yerraiah ..Respondent A.S.No.1190 of 2000 Between: The Land Acquisition Officer, IPT & Rlys., Khammam. ..Appellant And Shaik Masthan ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NOs.442, 770, 1149 & 1190 OF 2000 COMMON JUDGMENT: (Per Sri Justice V.Eswaraiah) These four appeals are filed by the Land Acquisition Officer, IPT & Railways, Khammam, against the common order, dated 16.9.1999, in O.P.Nos.198, 196, 202 and 208 of 1989 respectively on the file of the Senior Civil Judge, Sathupally, Khammam District. Respondents herein are the claimants. The lands of the respondent-claimants to an extent of Ac.0.23 gts., Ac.0.17 ½ gts., Ac.0.21 ¾ gts., and Ac.0.11 gts., in various survey numbers situate at Chowdaram Village, Penubally Mandal, Khammam District, were acquired for the purpose of Lothuvagu project pursuant to the draft notification issued under Section 4(1) of the Land Acquisition Act (for short, the Act) on 28.2.1984. The Land Acquisition Officer passed award dated 23.9.1986 fixing the market value at the rate of Rs.3,200/- per acre taking into consideration the sale transaction at Sl.No.12 of the award covering sale of Ac.1.20 gts., for a sum of Rs.4,500/- vide registered sale deed, dated 9.6.1983, which was sold at Rs.3,000/- per acre. Admittedly, no sale transactions are available in the neighbouring village of Mandalapadu. On reference being made under Section 18 of the Act, the Reference Court taking into consideration the oral and documentary evidence fixed the market value at the rate of Rs.15,000/- per acre. Aggrieved by the same, the Land Acquisition Officer filed these appeal. It is the case of the claimants that the acquired lands are very fertile lands and they were raising commercial crops and using the land for garden purpose and the lands were also used for gardening. It is stated that they used to get 20 to 25 quintals of chillies per acre. It is stated that the lands are very nearer to the village, which are useful for house sites also. Some of the claimants claiming compensation at the rate of Rs.50,000/- per acre and some others at the rate of Rs.25,000/- per acre. The claimants were examined as P.Ws.1 to 4 and marked Ex.A-1 to A-3. On behalf of the Referring Officer, none were examined, but the award alone was marked. It is stated that possession of the land was taken on 10.12.1977 much earlier to the 4(1) notification dated 28.2.1984 and the award was passed on 23.9.1986 fixing the meager value. The claimants though claimed compensation at the rate of Rs.25,000/- and Rs.50,000/- per acre, but they did not file any sale transaction of the same village. P.W.1 stated that as per Ex.A-1 certified copy of pahani, he used to get 15 quintals of chillies per acre and the lands are at a distance of one K.M. from the Penubally Mandal Head quarters. The lands in Adivimallela were acquired for Lankasagar project and the said lands are at a distance of 1 ½ miles from the acquire lands and that under Exs.A-2 and A-3 certified copies of orders in O.P.Nos.444 and 447 of 1989 the same court earlier fixed compensation at Rs.16,500/- per acre in respect of the said acquisition. It is also stated that the acquired lands are at a distance of one mile from Khammam – Rajahmundry road. P.W.2, claimant in O.P.No.195 of 1989, also stated that he was raising chillies. P.Ws.3 and 4, claimants in O.P.Nos.444 and 447 of 1989 respectively, stated that the Government acquired lands from them for Lankasagar project and granted compensation at Rs.3,500/- per acre and on reference the same court earlier enhanced the compensation to Rs.16,500/- per acre under Exs.A-2 and A-3 and that the lands acquired, in question, are at a distance of 2 to 3 furlongs from the lands covered under Exs.A-2 and A-3. Both the lands acquired, in question, as well as the lands covered under Exs.A-2 and A-3 were acquired for Lankasagar Project. No sale transactions are available in respect of Chowdaram village. Therefore, the Reference Court had placed reliance on the orders passed earlier for similar purpose in the neighbouring village in respect of the lands covered by orders in O.P.Nos.444 and 447 of 1989 marked as Exs.A-2 and A-3. In fact, the Reference Court fixed market value at Rs.16,500/- in respect of lands covered under Exs.A-2 and A-3 which were acquired for Lankasagar Project. It is stated that the lands covered by Exs.A-2 and A-3 are nearer to the acquired land in question. But, however, the Reference Court deducted Rs.1500/- and fixed the market value at Rs.15,000/- per acre alone. Learned Government Pleader appearing for the appellant has not placed any material to show that the orders in respect of Exs.A-2 and A-3 orders have been unsettled. If that be so, we see no justification to ignore Exs.A-2 and A-3. In fact, the Reference Court deducted the sum of Rs.1500/- per acre from Rs.16,500/- and fixed the market value at Rs.15,000/- per acre. The Reference Court also assessed the capitalization method basing on oral evidence adduced by the claimants. The capitalization method as well as market value arrived at in Exs.A-2 and A-3 is almost reflecting the same market value. Therefore, it cannot be said that there is no basis for fixing the market value at the rate of Rs.15,000/- per acre. Therefore, we are of the opinion that the market value arrived at by the Reference Court at Rs.15,000/- per acre is basing on its earlier orders in O.P.Nos.444 and 447 of 1989. But, however, we are of the opinion that the claimants are not entitled to statutory benefits from the date of taking possession, but they are entitled to the statutory benefits from the date of 4(1) notification alone. Accordingly, the order of the Reference Court with reference to the awarding of compensation at the rate of Rs.15,000/- per acre is confirmed. However, the claimants are entitled to all other statutory benefits from the date of 4(1) notification. Subject to the above modification, the appeals are allowed in part. No order as to costs. _________________ V.ESWARAIAH, J. _________________ NOUSHAD ALI, J. 6.10.2010 kpr