THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2629 of 1999 JUDGMENT (Per Hon’ble Sri Justice G.V.Seethapathy): This appeal is filed by the Special Deputy Collector-cum-Land Acquisition Officer, L.A.Unit, Warangal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) against the decree and order dated 12.11.1998 in O.P.No.87 of 1995 on the file of the I Additional Senior Civil Judge, Warangal, whereunder the reference Court enhanced the compensation of the acquired land from Rs.9,000/- per acre to Rs.22,000/- per acre, and fixed the market value accordingly. An extent of Acs.2.23 guntas of land situated in Seetharampur H/o Madharam and Rajupet Villages, Parkal Mandal was acquired by the Special Deputy Collector-cum-Land Acquisition Officer on the requisition of the Executive Engineer CCD-7, Hanamkonda for the purpose of excavation and forming embarkment of DBM-31 at 0.000 KM to 0.900 in Seetharampur. A draft notification under Section 4(1) of the Act and the draft declaration under Section 6 of the Act were published in A.P. Gazette on 19.12.1987 and 12.12.1987 respectively. As possession of the land was not taken within three months, the notification became ineffective and fresh notification was issued and published on 16.01.1988. The Land Acquisition Officer, after following the due procedure, passed an award fixing the market value of the acquired land at Rs.9,200/- per acre. Dissatisfied with the award passed by the Land Acquisition Officer, the claimants sought reference to the Civil Court and accordingly the reference was made under Section 18 of the Act. During the enquiry before the reference Court, on behalf of the claimants, claimant No.1 was examined as P.W.1 and Sri Ch.Komura Reddy was examined as P.W.2 and Exs.A.1 to A.3 were marked. On behalf of the Land Acquisition Officer, R.W.1 was examined and Exs.B.1 and B.2, award and proceedings were marked. On consideration of the evidence available on record, the reference Court relied upon Ex.A.3-sale transaction, enhanced the market value of the acquired land and fixed the same at Rs.22,000/- per acre. Aggrieved by the same, the Land Acquisition Officer preferred the present appeal. Heard the learned Government Pleader for Land Acquisition on behalf of the appellant and the learned counsel for the respondents/claimants and perused the record. According to the claimants, the acquired land is situated close to bus depot, for which the land was acquired and compensation was awarded at Rs.40,000/- per acre in O.P.No.93 of 1987 and in support of their claim, Exs.A.1 and A.2-certified copies of the order and decree in O.P.No.93 of 1987 were filed. The claimants accordingly claimed enhancement at Rs.40,000/- per acre relying upon Exs.A.1 and A.2. The reference Court has rightly rejected the claim of the claimants based on Exs.A.1 and A.2, as the land covered therein was acquired for the purpose of construction of bus depot and situated closed to the town. Instead the reference Court relied upon Ex.A.3- sale deed dated 25.11.1985, under which Acs.2.00 of land having similar fertility as that of the acquired land was purchased by P.W.2. P.W.2 testified that he purchased two acres of land in Survey No.16 of Rajupet Village for a sum of Rs.45,000/- in 1985 from one P.Sowbhagyam. The transaction covered by Ex.A.3 was less than two years three months prior to 16.01.1988 i.e., the date of publication of draft notification in the instant case. In fact, Ex.A.3 was taken note by the Land Acquisition Officer also, but he did not consider the same on the ground that there is a cinema hall at a distance of one furlong from the land covered Ex.A.3 and that it has got future development prospects. On perusal of the evidence and the sale deed under Ex.A.3, it is clear that the land covered by Ex.A.3 is also agricultural land purchased for agricultural purpose and is similarly placed having equal fertility as of the subject land under acquisition and they are situated close to each other, and therefore, Ex.A.3 can be taken as comparable sale transaction. Therefore, the reference Court, while taking Ex.A.3 as basis for fixation of the market value of the acquired land, deducted Rs.2,500/- towards additional potentiality and fixed the market value at Rs.20,000/- per acre. Having regard to the fact that the transaction under Ex.A.3 has taken place almost two years three months prior to the date of publication of draft notification in the instant case, the reference Court has awarded escalation @ Rs.1,000/- per year for a period of two years and ultimately arrived at the market value of the acquired land at Rs.22,000/- per acre. The reasoning adopted by the reference Court in relying upon Ex.A.3 transaction and taking the same into consideration as a comparable sale transaction for the purpose of fixation of the market value of the acquired land, cannot be found fault with. Therefore, we are of the opinion that the enhancement of the market value made by the reference Court based on Ex.A.3 is justifiable and the same does not call for any interference by this Court. The appeal is devoid of merits and the same is accordingly dismissed. There shall be no order as to costs. ______________________ JUSTICE A.GOPAL REDDY _________________________ JUSTICE G.V.SEETHAPATHY Date: 13.04.2010 va