THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NOS.870, 886 AND 888 OF 2005 DATED 19TH JANUARY, 2011 BETWEEN: The Land Acquisition Officer, Sub-Collector, Gadwal. … Appellant/Respondent a n d Thota Bazaranna and Others. … Respondents/Claimants. THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NOS.870, 886 AND 888 OF 2005 C O M M O N J U D G M E N T (Per Sri Justice Sanjay Kumar) These three appeals by the State arise out of the common Order and Decrees dated 19.01.2005 passed by the reference Court of the learned Senior Civil Judge at Gadwal in O.P.Nos.590, 591 and 592 of 1995. By the said common order, the reference Court enhanced the market value of the acquired land from Rs.3,400/- per acre to Rs.53,333/- per acre. The State acquired lands situated in Waddepally Village and Mandal, Mahaboobnagar District, for the purpose of providing house sites. The notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 03.03.1978. After due enquiry, the Land Acquisition Officer fixed the market value of the acquired land at Rs.3,400/- per acre. Aggrieved thereby, the owners of an extent of Ac.6- 35 guntas, being the respondents in these three appeals, and others sought reference under Section 18 of the Land Acquisition Act, 1894. By the common order dated 19.01.2005, the reference Court disposed of the three O.Ps. from which the present appeals arise and two other O.Ps., fixing the market value of the acquired land at Rs.80,000/- per acre and after effecting deductions at the rate of 1/3rd for betterment charges, the net market value was quantified at Rs.53,333/- per acre. Before the reference Court, the claimants/land owners examined three witnesses and marked two documents. The State examined one witness and marked four documents. Perusal of the common order passed by the reference Court reflects that the Court below was of the opinion that the transactions covered by Exs.A.1 and A.2 sale deeds produced by the claimants were genuine a n d bona fide. Under Ex.A.1 sale deed dated 18.12.1975, the sale consideration put the market value of the lands sold at Rs.52,000/- per acre. Ex.A.2 sale deed dated 02.06.1975 reflected a sale consideration of Rs.80,000/- per acre. Relevant to note, there is a time difference of about just six months between these two transactions. There is no discussion forthcoming from the common order under appeal as to the extents of the land involved in these sale transactions and as to whether these lands were similar in nature and were proximate to the acquired land. Except for a bald statement that the lands covered by these sales are of similar potentiality, the reference Court did not choose to detail as to how such similarity was manifested. Further, the disparity between the sale consideration under the two transactions within six short months was also not taken into account. The reference Court did not even choose to deal with the evidence adduced by the State, be it oral or documentary. The common order passed by the reference Court thus leaves a lot to be desired. In the light of this lopsided exercise undertaken by the reference Court, this Court is left with no option but to set aside the common Order and Decrees dated 19.01.2005 passed by the reference Court in these O.Ps. and remit the matter for consideration afresh in accordance with law. The respondents herein were permitted to withdraw half the enhanced compensation awarded by the reference Court pending the appeals under the interim order dated 04.08.2005. The amounts so withdrawn shall therefore abide by the decision afresh of the reference Court upon this remand. The Appeals are accordingly allowed setting aside the common Order and Decrees dated 19.01.2005 in O.P.Nos.590, 591 and 592 of 1995 and remanding the matter to the reference Court of the learned Senior Civil Judge, Gadwal, for consideration afresh in accordance with law. In the circumstances, there shall be no order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 19TH JANUARY, 2011. PGS