THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.313 OF 2005 DATED 20TH DECEMBER, 2010 BETWEEN Special Deputy Collector, L.A. Unit, L.M.D. Colony, Karimanagar. .… Appellant/ Referring Officer And Dugyala Malhala Rao and Others … Respondents/ Claimants THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.313 OF 2005 JUDGMENT (Per SK,J) This appeal arises out of the Order and Decree dated 02.09.2004 passed by the Senior Civil Judge, Peddapalli, in O.P.No.127 of 2003, a reference under Section 18 of the Land Acquisition Act, 1894 (for brevity, ‘the Act of 1894’). By the said Order and Decree, the reference Court enhanced the compensation payable to the respondents herein for dry and wet lands from Rs.30,000/- / Rs.32,000/- per acre to Rs.60,000/- per acre and Rs.35,000/- per acre to Rs.70,000/- per acre respectively. The dry and wet lands of the respondents admeasuring Ac.5.36½ guntas in the limits of Shanagonda and Gumpula Villages of Odela Mandal, Karimnagar District, were acquired for the purpose of laying a CADA road under A.P.II Package No.10. The draft notification under Section 4(1) of the Act of 1894 in this regard was published on 19.07.2001. The Land Acquisition Officer, upon enquiry, fixed the market value of the acquired lands at Rs.30,000/- per acre for dry land and Rs.35,000/- per acre for wet land at Shanagonda Village and Rs.32,000/- per acre for dry land at Gumpula Village. Dissatisfied therewith, the respondents sought reference under Section 18 of the Act of 1984 claiming Rs.5,00,000/- per acre. The reference Court effected enhancement as stated supra. It placed reliance on the sale transactions recorded in Exs.A.1 and A.2 which were dated 24.01.2000. Though the extents involved in these sale transactions were relatively small, the sale consideration reflected therein put the market value of the land at Rs.2,42,000/- per acre. Ex.A.2 was an independent transaction and the vendee thereunder was also examined. The Land Acquisition Officer appears to have examined 54 sale transactions from Shanagonda Village and 9 sale transactions from Gumpula Village during the course of the enquiry. However, the same could not have formed part of the evidence before the reference Court in the light of the law laid down by a Full Bench of this Court in THE LAND ACQUISITION OFFICER, VIJAYAWADA THERMAL STATION V/s. NUTALAPATI VENKATA RAO[1]. Though the extents involved in Exs.A.1 and A.2 sale deeds were small, the fact remains that the acquired lands were proximate to the lands covered by the said transactions. This demonstrated the potentiality of the land acquired. Keeping in mind the legal position that Exs.A.1 and A.2 were not comparable sales in the strict sense owing to the difference in the extents involved, the Court below effected major deductions from the market value obtaining thereunder and fixed the land value at Rs.60,000/- per acre for the acquired dry lands and Rs.70,000/- per acre for the wet lands. Given the aforestated facts, we are of the opinion that the approach adopted by the Court below was not unreasonable and therefore does not warrant appellate interference on facts or in law. The Order under appeal is accordingly confirmed. The appeal shall stand dismissed but in the circumstances, without any order as to costs. _______________________ GODA RAGHURAM, J. ____________________ SANJAY KUMAR, J. 20TH DECEMBER, 2010. PGS [1] AIR 1991 AP 31 (FB)