HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1366 of 2000 Dated: 29-04-2010 Between: State through the Land Acquisition Officer, Doulthabad. Appellant AND G.Narsa Reddy Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1366 of 2000 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is directed against the orders of the Subordinate Judge, Siddipet, dated 26.4.1990 made in O.P.No.60 of 1989 whereby the compensation for the acquired land was enhanced from Rs.2,500/- per acre to Rs.9/- per square yard. An extent of Ac.0.30 guntas of land belonged to the claimant- respondent herein situated in Machanpally Village was acquired by Government for the purpose of providing house-sites to the weaker sections of the society by publishing draft notification under Section 4(1) of the Act on 31.1.1985. The Land Acquisition Officer after conducting enquiry, passed an award on 31.10.1987 fixing the market value of the acquired land at Rs.2,500/- per acre as against the claim of Rs.70,000/- per acre. The claimant having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimant appeared and filed claim statement before the reference Court claiming compensation at Rs.70,000/- per acre. To prove the market value, the claimant himself examined as P.W.1 but did not file any documentary evidence. On behalf of the referring Officer, the M.R.O. was examined as R.W.1 and the award copy passed in O.P.No.62 of 1989 was marked as Ex.B.1. On a consideration of the evidence available on record, the reference Court enhanced the compensation by fixing the market value at Rs.9/- per square yard. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. The evidence adduced by the claimant as P.W.1 discloses that he used to raise commercial crops like sugarcane, ginger, tobacco, cotton etc., and derived net annual income of Rs.10,000/- to Rs.15,000/- per acre, but no material was placed to substantiate the income received by him. His evidence also discloses that the land is situated near to main road of Machanpalli-Toopran and having all developed facilities like market yard, school, transport facilities and protected water supply scheme. In the evidence, R.W.1 himself admitted that with regard to the land situated in Dommatta Village, which is adjacent to Machanpalli Village, the reference Court fixed the market value at Rs.15/- per sq.yd. in O.P.No.40 of 1987. The very fact that the claimant used to raise commercial crops like sugarcane, ginger, tobacco itself shows that the lands are Bhagayath lands (garden lands). Further, keeping in view of the fixation of the market value in the adjacent village of Dommatta in O.P.No.40 of 1987 and as the very purpose of acquisition of the land is for providing house-sites, considering the potentiality, the reference Court rightly fixed the market value at Rs.9/- per sq.yd. in the absence of availability of any sale deeds, which, in our considered view, is just and reasonable compensation. Today, we have also disposed of three appeals being A.S.Nos.780, 1276 and 2690 of 2000 which arose out of O.P.Nos.77,82 and 71 of 1989 respectively, wherein the reference Court fixed the market value of the acquired land situated in Anajipur Village of Doulatabad Mandal at Rs.9/- per sq.yd. as against Rs.2,500/- per acre basing upon the earlier order passed in O.P.No.40 of 1987, which is marked as Ex.B.1 in the present case. Therefore, we see no merits in the appeal. In the result, the appeal is dismissed. No costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 29, 2010 G.V. SEETHAPATHY, J. Tsr.