IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE NOUSHAD ALI A.S. No.2450 of 2000 Between: Pothy Sayana and another ..... APPELLANTS AND The Land Acquisition Officer & Mandal Revenue Officer, Vailpur taluq, Nizamabad District .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE NOUSHAD ALI A.S. No.2450 of 2000 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) This appeal is filed by the appellants/claimants, aggrieved by the order dated 20.02.1999 in O.P.386/1985 on the file of the Additional District Judge, Nizamabad. 2. The lands of the appellants in Sy.Nos.15, 428, 427 admeasuring Ac.1.33 gts, Ac.2.00 and Ac.1.07 gts respectively situated in Sahebpet village, Vailpur Mandal were acquired pursuant to the notification issued under Sec.4(1) of the Land Acquisition Act published on 04.12.1982 for the purpose of providing house sites to the weaker sections. The Land Acquisition Officer fixed the compensation @Rs.9,500/- per acre in respect of the lands situated in Sy.Nos.15 and 428 admeasuring Ac.3.33 gts and @Rs.6,000/- per acre in respect of the lands situated in Sy.No.427 admeasuring Ac.1.07 gts. Dissatisfied with the market value fixed by the Land Acquisition Officer with regard to the acquired lands, the appellants/claimants made an application before the Land Acquisition Officer to refer the matter under Sec.18 of the Land Acquisition Act to the Civil Court. The matter was referred to the Reference Court in O.P.386/1985 and the Reference Court by the impugned order dated 20.02.1990 fixed the market value of the acquired lands @Rs.12,000/- per acre uniformly. 3. Aggrieved by the same, this appeal is filed by the claimants contending that as per the oral evidence of PWs 1 and 2 and Ex.A1 certified copy of the judgment in O.P.171/1983 dated 11.07.1986 under which the Reference Court awarded the compensation @Rs.14/- per sq.yard in respect of the lands situated in Vailpur village, and even half of the compensation fixed in the said OP in respect of the lands situated in the neighbouring village is taken into account, the claimants would be entitled to compensation at least @Rs.7/- per sq.yard which comes to Rs.33,880/- per acre. But the claimants have restricted their claim upto Rs.20,000/- alone and thus they are entitled to compensation @Rs.20,000/- per acre for the acquired lands. 4. It is further contended that admittedly there were no sale transactions prior to Sec.4(1) notification in respect of the lands in question which are situated at Sahebpet village of Vailpur Mandal. The Land Acquisition Officer has taken into account three sale transactions in respect of Vailpur village under Ex.B1 award. As per the sale transactions at Sl.Nos.1 and 3 the dry land situated in Vailpur was sold @Rs.28,000/- and @Rs.20,000/- per acre respectively, but whereas under sale transaction at Sl.No.2 the land was sold @Rs.4,000/- per acre only. It is stated that if such dry land of Vailpur village was sold @Rs.28,000/-, even if 50% of such sale consideration is taken into account, the claimants herein would be entitled to compensation @Rs.14,000/- per acre for the acquired lands. It is further stated that in Vailpur village, the Government itself sold the land @Rs.95/- per sq.yard and therefore, the claimants are entitled to the market value at the same rate as was fixed by the Reference Court under Ex.A1 @Rs.14/- per sq.yard. It is further stated that as there was no sale deed in respect of Sahebpet village, the Land Acquisition Officer has not placed any reliance on the sale transactions of Vailpur village and taken into account the capitalisation method and estimated the market value on the yielding capacity of the paddy of the lands. We are of the opinion that the capitalisation method may not be applicable in the instant case, as admittedly, the lands were acquired for the purpose of house sites to weaker sections. Therefore, we are of the opinion that the total discard of the sale transactions of the neighbouring village may not be just and proper. No doubt Vailpur village became the Mandal head quarters and the value of lands obviously would be more than the neighbouring village. Therefore, we are of the opinion that it is just and proper to take into account at least 50% of the value of the sale transaction of Sl.No.1 covered by Ex.B1 award. If that be so, 50% out of Rs.28,000/- would come to Rs.14,000/-. Therefore, we deem it appropriate to fix the market value of the acquired lands @Rs.14,000/- per acre. 5. Accordingly, the Appeal Suit is allowed in part, enhancing the compensation from Rs.12,000/- to Rs.14,000/- per acre. It is needless to say that the claimants are also entitled to all other statutory benefits on the compensation amount as per the amended provisions of Sec.23(1-A), 23(2) as well as Sec.28 of the Land Acquisition Act. No order as to costs. _____________________ V.ESWARAIAH,J _________________ NOUSHAD ALI,J Dated: 21.09.2010 Dsr