THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR L.A.A.S.Nos.846 and 855 of 2006, 1441 and 1453 of 2005 and 88 of 2007 COMMON JUDGMENT (Per the Hon’ble Sri Justice A. Gopal Reddy) Since all these appeals by the Special Deputy Collector-cum- Land Acquisition Officer, S.R.B.C., Nandyal are directed against the common order, dated 30.07.2004, passed by the Principal Senior Civil Judge, Nandyal in O.P.No.126 of 1996 and batch, they are heard together and being disposed of by this common judgment. An extent of Acs.24.06 cents of land including Acs.7.94 cents belonging to the claimants situated in various survey numbers in the village fields of Mettupalle of Owk Revenue Mandal, Kurnool District, was acquired for the purpose of excavation of Srisailam Right Bank Canal Single Branch Canal from K.M.109.500 to 111.385 K.M. Draft Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was published on 21.12.1991 and possession of the land was taken on 28.02.1992. The Land Acquisition Officer, after following the due procedure, passed Award No.18/91-92, dated 30.03.1992, fixing the market value of the acquired land @ Rs.10,000/- per acre. Dissatisfied with the fixation of the market value, the claimants, on receipt of the amount under protest, sought for reference under Section 18 of the Act. On reference being made to the Civil Court, and on receipt of notices, the claimants appeared before it and filed claim statements claiming compensation @ Rs.40,000/- per acre. In order to prove the market value, on behalf of the claimants, the claimant in O.P.No.126 of 1996 was examined as R.W.1 and also examined one more witness as R.W.2 and got marked Ex.B.1- registration copy of sale deed dated 30.11.1990. On behalf of the Referring Officer, though none was examined, Ex.A.1- Award No.18/91-92 was marked. The evidence adduced by the parties disclose that the Land Acquisition Officer while passing Award No.3/94-95 relating to the land in an extent of Acs.18.97 cents situated in Mettupalle Village, which was acquired for the purpose of Srisailam Right Bank Canal, where notification under Section 4(1) of the Act was issued on 13.09.1993, relied upon the very same sale deed under Ex.B.1 and fixed the market value of the acquired land at Rs.26,000/- per acre. R.W.1, who is the claimant in O.P.No.126 of 1996, categorically asserted that the fertility of the land under acquisition and the land covered by Ex.B.1 is similar. Under Ex.B.1, R.W.2 purchased an extent of Acs.1.10 cents of land from one K.Venkata Subba Reddy of Mettupalle Village for Rs.26,000/-, which works out to Rs.23,636/- per acre. The Land Acquisition Officer rejected Ex.B.1 only on the ground that it was brought into existence to boost up the market value of the acquired land. But, the very same Land Acquisition Officer relied upon the very same sale deed while passing Award No.3/94-95. It is also brought on record that the Civil Court while disposing of L.A.O.P.No.121 of 1996 and batch, which arose out of Award No.3/94- 95, relied upon Ex.B.1-sale deed. R.W.2, who was examined to prove the purchase of the land under Ex.B.1 also supported the claim of R.W.1 that they used to raise ground nuts, cotton, red-gram and jawar in the acquired land. Nothing was elicited to contradict the statement in order to substantiate the plea of the Land Acquisition Officer that Ex.B.1 sale deed was brought into existence to boost up the market value. In view of the above, the Court below rightly fixed the market value of the acquired land @ Rs.26,000/- per acre, after taking into consideration Ex.B.1 as comparable sale and after giving due escalation @ 10% per year. Therefore, we do not see any merit in the appeals and the same are liable to be dismissed In the result, the appeals are dismissed. There shall be no order as to costs. _______________________ A. GOPAL REDDY, J ________________________ B.CHANDRA KUMAR, J Date: 09.09.2009 va