IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE TWENTY SECOND [22nd] DAY OF APRIL, TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE A.GOPAL REDDY & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1183 of 2000 Between: The Land acquisition Officer and Mandal Revenue Officer, Tadwai … Appellant And: Bandla Narayana & 8 others … Respondents THE HON’BLE SRI JUSTICE A.GOPAL REDDY & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1183 of 2000 JUDGMENT: [per AGR, J] This appeal, under Section 54 of the Land Acquisition Act 1894, by the Land Acquisition Officer and Mandal Revenue Officer, Tadwai, is directed against the judgment and decree of the learned Additional District Judge, Nizamabad, passed in OP No.296 of 1986 dated 26.10.1999, whereby the reference under Section 18 of the Land Acquisition Act (for short ‘the Act’) was answered in favour of the respondents/claimants by enhancing the compensation for the acquired land from Rs.6,360/- to Rs.29,040/- per acre. 2. The notification under Section 4(1) of the Act acquiring Ac.3.08 guntas of land in Errapahad village, Tadwai Mandal, belonging to the respondents/claimants, for providing house sites to weaker sections, was published in the District Gazette on 10.12.1984. The Land Acquisition Officer, after obtaining necessary statistics three years preceding to the issuance of notification, fixed the market value of the acquired land at Rs.6,360/- per acre. Dissatisfied with the meagre compensation fixed by the Land Acquisition Officer, the claimants sought for reference of the matter to the Civil Court under section 18 of the Act and on reference being made, necessary claim statements were filed claiming compensation at Rs.25/- per square yard. 3. To prove the market value, PWs.1 to 6 were examined and Exs.A.1 to A.4 certified copies of the registered sale deeds were marked on behalf of the claimants. No oral evidence was adduced on behalf of the Referring Officer, but Ex.B.1 award was marked. 4. The first claimant, who was examined as PW.1, stated that the village where the lands were acquired is on the road leading from Kamareddy to Nizamsagar; that the acquired lands are situated 50 ft. away from the main road; that there is a panchayat office and Tadwai Mandal is at a distance of three miles from their village and there is a High School, Veterinary Hospital, Post Office, Telephone Exchange and Bank and it is a developed village. Kamareddy is nine miles away from their village. He further stated that the acquired lands are wet lands irrigated under Pedda Cheruvu and they used to raise paddy, maize, wheat and gram in the said lands. They used to get the yield of 40 bags of paddy per acre and sell the paddy at Rs.2,000/- per quintal. So also, they used to get 20 quintals of wheat per acre and sell the same at Rs.500/- per quintal. PW.2 is the person who purchased one plot admeasuring 429.3 square yards for a consideration of Rs.13,600/- under Ex.A.1 from one Ramulu in the year 1983, where he constructed a house in it. According to PW.2, the house constructed by him and the acquired lands are divided by a road leading from Nizamsagar. PW.3, who is resident of Yerrapahad village, purchased one plot admeasuring 508.07 square yards under a registered sale deed dated 13-09-1983 for a consideration of Rs.13,800/- from one Ramarao under the original of Ex.A.4, which works out to Rs.27/- per sq. yard. He also deposed that he constructed a house therein and the acquired lands are adjacent to the village. PW.4 deposed that the Government acquired the lands about six years back and he purchased 480 square yards for Rs.12,500/- under a registered sale deed dated 02-07-1984. Ex.A.3 is the certified copy of the registered sale deed. According to him, there are houses adjacent to his plot and he also constructed a house in the plot purchased by him. PW.5 was examined to prove that various crops were being raised in Yerrapahad village by the claimants. Similarly, PW.6 deposed that the acquired lands are adjacent to the road leading from Kamareddy to Nizamsagar, where the claimants were used to raise two crops, one crop by tank water and the other crop as dry crop. The value of the acquired land was Rs.25/- to Rs.30/- per square yard at the time of notification. 5. No contra evidence has been let in by the Land Acquisition officer to discredit the testimony of PWs.2 to 4, who purchased 429.3, 508.07 and 480 square yards respectively, which shows that the market value was ranging from Rs.25/- to Rs.30/- per square yard one year prior to the date of acquisition of the lands, where they have constructed houses and living. In view of the same, even the said sale transaction is taken as a genuine sale, the same can form basis for fixation of the market value by giving necessary deductions towards developmental charges and if 1/3rd is deducted from the same, the market value works to Rs.18/- per square yard as on the date of issue of notification. Having regard to the fixation of the market value by the reference Court at Rs.9/- per square yard after giving 1/3rd deduction which comes to Rs.6/- per square yard, the same is far below the market value prevalent as on the date of issuance of the notification. Therefore, we do not see any merit in the appeal preferred by the Land Acquisition Officer. 6. In the result, the appeal is dismissed. There shall be no order as to costs. _________________ A.GOPAL REDDY, J ___________________ G.V.SEETHAPATHY, J Date: 22. 04.2010 bss/lrkm