IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT APPEAL NO : 316 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 02/07/2008 in WP NO : 27831 OF 2005 on the file of the High Court.) Between: 1 The Collector, Ranga Reddy at Lakdikapul, Hyderabad. 2 The Land Acquisition Officer-Cum-Revenue Divisional Officer, Vikarabad Division, R.R. District. 3 . ..... APPELLANT(S) AND 1 S. Gananeswar S/o Veeresham R/o H. No. 6-115, Vikarabad Town Ranga Reddy District rep by his GPA S. Ramesh S/o Veeresham, Age. 50 yrs. Occ: Business, R/o Vikarabad, RR District. 2 The Government of Andhra Pradesh, rep. By its Secretary, Transport, Roads and Buildings, Secretariat Buildings, Hyderabad. .....RESPONDENT(S) Counsel for the Appellant: GP FOR LAND ACQUISITION Counsel for the Respondent No.: MR.N.VASUDEVA REDDY The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT APPEAL NO : 316 of 2009 JUDGMENT : (Per Sri Justice B Prakash Rao) Heard the learned Government Pleader for Land Acquisition and Mr N Vasudeva Reddy for respondents and at their request the appeal is taken up for hearing at the admission stage. This appeal is at the instance of the District Collector and Land Acquisition Officer, having aggrieved against the directions given by the learned Single Judge in writ petition filed by the respondents herein, where the relief sought for was for a direction to the appellants herein for depositing the compensation amount to the credit of E P No. 15 of 2000 in O P No. 9 of 1993 on the file of the Senior Civil Judge, Vikarabad, Ranga Reddy district. Briefly stated the facts of the case which are not in dispute are that in respect of the lands owned by the respondents which are acquired by the Land Acquisition Officer and ultimately the Land Acquisition Officer passed an award dated 30.11.1992 fixing the market value at Rs.25/- per square yard after deducting 36.8 % of land towards developmental charges. Thereafter the matter was referred to the reference Court for further enhancement. After holding the enquiry, the Court below disposed of the matter enhancing the market value to Rs.100/- per square yards with all statutory benefits, taking into consideration similar such deduction of 36.8 % as reasonable. Now, since the amounts are not being deposited to their credit, the respondents/claimants filed writ petition. The main dispute raised by the appellants is that when a finding is given both by the Land Acquisition Officer and the Reference Court for deduction of 36.8 %, whatever the amount fixed by the Reference Court, necessarily such a percentage has to be deducted towards developmental charges. The learned single Judge did not find favour with said submissions and allowed the writ petition. Hence, the appeal. Having heard the learned Government Pleader and counsel for respondents and especially on perusal of the award, we are of the view that at both the levels the quantum of market rate irrespective of both the Land Acquisition Officer as well as the Reference Court initially at Rs.25/- and later at Rs.100/- only after making the necessary deduction of 36.8 %, therefore further deduction is not permissible, in fact, the same would amount to double deduction, to which the appellants are not entitled to. It is now well established that whenever the market rate is fixed only 1/3rd has to be deducted for the purpose of developmental charges, which has been already been done. Hence, we do not find any merit in the objection raised by the appellants for further deduction on 36.8 %. There are no merits in the appeal and the same is dismissed. No costs. B.PRAKASH RAO,J B.CHANDRA KUMAR,J Date: 23.3.2009 tvk