THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE RAJA ELANGO A.S.No.3440 OF 2000 ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) This appeal, under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is preferred by the Special Deputy Collector, Land Acquisition, H.L.C., Ananthapur, questioning the enhancement made by the Senior Civil Judge, Gooty, in a reference made under Section 18 of the Act in O.P.No.37 of 1996 dated 18.08.2000. On requisition made by the Executive Engineer Dharmavaram Canal Division for the purpose of Burrow area for formation of earth bund at Pendekallu Balancing Reservoir, the Government acquired a total extent of 28.12.0 hectares of land including the land covered by the present O.P., situated in S.Nos.243, 266-A1, 266-A2, 266-B, 267-1, 267-2 of Thimmapuram village of Yadiki Mandal by issuing Draft Notification under Section 4(1) of the Act, which was published in the A.P. Gazette on 27.08.1993 followed by Draft Declaration under Section 6 of the Act dated 16.09.1993. The Land Acquisition Officer, after complying all the formalities, and after obtaining necessary sale statistics of three years preceding to the issuance of notification, fixed the market value of the acquired land at Rs.20,000/- per acre through Award No.16/1994 dated 29.03.1994. The claimant, on receipt of compensation under protest, filed claim petition under Section 18 of the Act, to refer the matter to the civil Court for due determination of compensation. Accordingly, the matter was referred to the civil Court under the above O.P. On receipt of notice, the claimant filed claim statement claiming compensation of Rs.50,000/- per acre. To prove in adequesy of compensation fixed by the Land Acquisition Officer, the claimant apart from examining himself as CW.1, he examined the vendor under Ex.B.1 as CW.2 and the vendee under Ex.B.2 as CW.3 and marked Exs.B.1 and B.2, certified copies of sale deeds dated 17.12.1992 and 10.12.1992 respectively. On behalf of the referring officer, the Special Deputy Collector himself was examined as PW.1 and marked Ex.A.1-Award, dated 29.03.1994. Since the entire burden to establish the market value rests upon him the claimant himself was examined as CW.1. He stated that 5.53.0 hectares of land equivalent to Ac.13.70 cents belonging to him was acquired by the Government for the purpose of construction of Pendekallu Balancing Reservoir through draft notification dated 24.09.1993. The acquired lands are black cotton soil and fertile lands. He used to grow groundnuts and red-gram etc., in the acquired lands and get an income of Rs.10,000/- per acre after deducting all expenses. In the year 1992 one Gangi Reddy and his brother sold an extent of Ac.2.22 cents of land in S.No.20 situated at Thimmapuram village, to Pedda Kullai Swamy and his brothers for a consideration of Rs.1,11,000/-, which comes to Rs.50,000/- per acre. Further in the month of December 1992, one Siddavatam Malla Reddy sold an extent of Ac.2.13 of land to one Kommineni Shankara Rao under Registration extract Ex.B.1-dated 17.12.1992, for a consideration of Rs.1,06,500/-, which comes to Rs.53,000/- per acre. Since the acquired lands are also covered by the above sale deeds, and are of the same fertility in which similar crops were being raised, and situated in the same village, he is entitled to get Rs.50,000/- per acre towards compensation. The vendor under Ex.B.1, who was examined as CW.2, deposed that he sold an extent of Ac.2.13 cents situated in S.No.273-B of Thimmapuram Village, for a consideration of Rs.50,000/- per acre, which is nearer to the acquired lands. He also stated that he received the consideration of Rs.1,06,500/- from the buyer and the sale transaction is genuine. The vendee under Ex.B.1 is not related to him and he is a stranger to him. The lands covered under Ex.B.1 are similar with that of the acquired lands in respect of fertility and potentiality, and fetches same market value. CW.3 is the vendee under Ex.B.2. He stated that he purchased the land in an extent of Ac.2.22 cents from one Pujja Pedda Gangi Reddy and Chinna Gangi Reddy for a consideration of Rs.50,000/- per acre and he paid consideration of Rs.1,11,000/- to his vendors. PW.1, who worked as Special Deputy Collector since November, 1999, and who is not the author of Ex.A.1-Award, stated that the earlier Land Acquisition Officer rejected Ex.B.1 sale transaction shown at Sl.No.6 in respect of S.No.273-B, as it is not a genuine transaction, and the same was brought into existence to boost up the market value for claiming higher compensation. The Land Acquisition Officer under Ex.A.1-Award fixed the market value of the acquired land at Rs.24,000/- per acre, but however, on the suggestion made by the Joint Collector during the inspection in connection with the approval of P.V. Statement, to fix the market value at Rs.20,000/- per acre, the Land Acquisition Officer reduced the market vale from Rs.24,000/- per acre to Rs.20,000/- per acre. No other evidence has been adduced except the statement of PW.1 that his predecessor Land Acquisition Officer rejected the sale transaction under Ex.B.1 as it was brought up sale deed, no contra evidence has been adduced by the Land Acquisition Officer to prove that the sale transaction was a brought up document. Further the sale transaction under Ex.B.2 also discloses that the market value ranges from Rs.50,000/- to Rs.52,000/- per acre prior to issuance of notification where Ac.2.22 cents of land was sold at Rs.50,000/- per acre. The same can safely be taken as comparable sale for fixation of market value and if so taken, the market value of the acquired land comes to Rs.50,000/- per acre, which is appropriate market value as on the date of issuance of notification. In that view of the matter, fixation of market value by the reference Court at Rs.50,000/- per acre, is just and reasonable compensation for which the claimant is entitled to. Therefore, we do not see any merit in the appeal preferred by the Land Acquisition Officer. Accordingly, the Appeal is dismissed. No costs. ___________________ (A.GOPAL REDDY, J.) _______________ (RAJA ELANGO, J.) 1st June, 2010 Js.