IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No. 472 OF 1998 Between: The district Social Welfare Officer, (Land Acquisition Officer), Guntur Appellant AND Vattikuti Srinivasarao Respondent The Court made the following : JUDGMENT: (per THE HON’BLE SRI JUSTICE V.ESWARAIAH) This appeal is preferred by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short the Act) questioning the order and decree dated 29.10.1996 passed by the learned Subordinate Judge, Bapatla, Guntur District, in L.A.O.P. No. 127 of 1984. The draft notification under Sec. 4(1) of the Land Acquisition Act was published in the Andhra Pradesh gazette on 5.11.1975 for acquisition of an extent of Ac.0.89 cents of land in Sy.No.151/4 along with various other extents of land acquired situated at Kommur village of Ponnur Mandal, Guntur District, for providing house sites to the weaker sections and an award came to be passed 30.3.1981 fixing the market value of the acquired land at Rs.8,000/- per acre. On reference at the instance of the respondent – claimant, the learned Subordinate Judge, Bapatla, in O.P. No. 127 of 1984, by common order dated 29.10.1996, enhanced the market value of the land to Rs15,500/- per acre apart from awarding other statutory benefits under the Act. Aggrieved by such enhancement, the present appeal is filed by the Land Acquisition Officer contending inter alia that the court below ought not to have relied on Exs. A-1 and A-2, as the said lands are useful for house sites and the sales do not reflect the wholesale value of the acquired land and that the court below erroneously rejected Ex.B-1 sale deed filed by the appellant herein. The acquired land is an extent of Ac.0.89 cents along with various other extents of land, for providing house sites to the weaker sections pursuant to the notification published in the Gazette on 5.11.1975. The Land Acquisition Officer passed an award on 30.3.1981 fixing the market value at Rs.8,000/- per acre. The acquired land is situated at Kommuru village of Ponnur Mandal, Guntur District. On behalf of the claimant, PWs 1 to 5 were examined and reliance is placed on Exs. A-1 and A-2, registered sale deeds dated 22.5.1975 and 31.7.1975 i.e. prior to the date of notification issued under Sec. 4(1) of the Act, whereas the on behalf of the appellant, RW-1 was examined and Exs.B-1 to B-3 were marked. Ex.B-1, certified copy of the sale deed date 3.9.1975 relied on by the Land Acquisition Officer, relates to the sale of Ac.0.10 cents of land sold for Rs.3,000/- i.e. Rs.30,000/- per acre. As per Ex.A-2, the land was sold at the rate of Rs.33,335/- per acre. The land in question is in Sy.No. 151/4 whereas the land covered by Ex.A-1 is in Sy.No.151/1 to an extent of Ac.0.10 cents at the rate of Rs.30,000/- per acre. The Reference Court after deducting 1/3rd of the value of the land for development charges and after allowing further deduction of 15% on the market value i.e., on Rs.30,000/- in view of the fact that the acquired lands are situated interior to the main road, determined the market value of the land at Rs.15,500/- per acre. Inasmuch as Es.A-1 land is also sold for the purpose house site and the extent being only Ac.0.10 cents and the persons connected with the sale transaction were also examined, the Reference Court has rightly enhanced the market value from Rs.8,000/- to Rs.15,500/- per acre. Having gone through the entire record and the impugned order, we do not find any illegality or infirmity in the order impugned. Consequently, the appeal fails and is accordingly dismissed. No order as to cost. ________________ Justice V.Eswaraiah __________________ Justice K.S. Appa Rao November 22, 2011 MAS