IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO A.S.NO.1296 of 1997 Between: The Special Deputy Collector, L.A. Unit, Warangal. ..... Appellant AND Nagabandi Jayashanker and another. .....Respondents JUDGMENT: (Per Sri Justice Ghulam Mohammed,J) The Special Deputy Collector, Land Acquisition Unit, Warangal, has preferred this appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’), against the order and decree dated 31.01.1997 in O.P.No.121 of 1990 on the file of the I Additional Subordinate Judge, Warangal. 2. The facts, in brief, are as follows; The Land Acquisition Officer issued a notification under Sections 4(1) and 6 of the Act for acquisition of lands for the purpose of quarry to lay canal bund in between K.M.Nos.5 to 6 of Geesugonda Mandal, Warangal District. The said notification was published in A.P.Gazette No.7, dated 28.11.1987, and Gazette No.9, dated 21.12.1987. As per the said notification, the land to an extent of Acs.2.39 gts and Ac.0.23 gts in Sy.Nos.436 and 427 respectively, of Geesigonda Mandal, belonging to the respondents/claimants, was acquired by the Land Acquisition Officer. The total acquired land is Acs.5.38 gts. The Land Acquisition Officer, after following the procedure prescribed under law, passed award dated 02.12.1988 and fixed the market value at the rate of Rs.9,200/-per acre for the acquired land and paid compensation along with solatium thereon. Aggrieved by the same, the respondents/claimants sought for a reference under Section 18 of the Act, claiming compensation at the rate of Rs.70,000/-per acre, and the same has been referred by the Special Deputy Collector, L.A. Unit, Warangal, for determination of the market value of the said acquired land under the Award No.27/88-89 dated 02.12.1988 and it was taken on file by the learned I Additional Subordinate Judge, Warangal as O.P.No.121 of 1990. 3. In order to establish their claim, the respondents-claimants examined CWs.1 and 2 and got marked Exs.A1 and A2. On behalf of the appellant, RW1 was examined and Ex.B-1 was marked. 4. The learned I Additional Subordinate Judge, Warangal, on consideration of the material available on record, fixed the market value of the acquired land at the rate of Rs.20,000/-per acre and the claimants are entitled for solatium at 30% per annum on the enhanced market value of the lands and also entitled to claim interest @ 9% per annum for the first year period from the date of taking possession and 15% per annum for the subsequent periods till the payment on the enhanced market value only. Hence the present appeal. 5. Learned Government Pleader for Land Acquisition contended that the Court below ought not to have relied upon Exs.A1 and A2 since the lands there under were neither identical nor proximate with the acquired land so as to determine the compensation. 6. Heard the learned Government Pleader for Land Acquisition and the learned counsel for the respondents-claimants. 7. We have perused the order under appeal. The Reference Court relying upon the sale transactions under Ex.A1-certified copy of registered sale deed, dated 23.01.1996 and Ex.A2-certified copy of registered sale deed, dated 10.03.1986, enhanced the compensation from Rs.9,200/- to Rs.20,000/-per acre. It was held that the lands purchased under Ex.A2 are similar to the acquired lands and are situated at a distance of ½ km. The Land Acquisition Officer also admitted the same in the award, dated 02.12.1998. Therefore, based on the sale transactions and the oral evidence available on record, the reference Court has rightly enhanced the compensation from Rs.9,200/- to Rs.20,000/-per acre. 8. In the circumstances, we do not find any merit warranting interference by this Court in the order under appeal. 9. The appeal is, accordingly, dismissed. There shall be no order as to costs. The claimants are entitled to all statutory benefits including interest on 30% solatium from the date of notification under Section 4(1) i.e., 28.11.1987 till the date of the award i.e., 02.12.1988. _____________________ GHULAM MOHAMMED,J ___________________________ NOOTY RAMAMOHANA RAO, J Date:22.10.2009 sj