HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.2820 OF 1999 Dt.22.6.2010 Between: Waman Rao Gundawar rep. by G.P.A Anil Kumar, Bela, Adilabad District. ..Appellant And Mandal Revenue Officer, Bela, Adilabad District ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.2820 OF 1999 JUDGMENT: (Per Sri Justice V.Eswaraiah) The appellant herein is the claimant. An extent of Ac.6.20 of land in Sy.No.47 situated at Chaprala village of Bela Mandal, Adilabad District, was acquired for the purpose of providing house sites to weaker sections pursuant to the notification dated 4.2.1986 issued under Section 4(1) of the Land Acquisition Act (for short, the Act). The Land Acquisition Officer passed the award dated 31.3.1987 fixing the market value at the rate of Rs.7000/- per acre. It is not in dispute that the lands acquired are situated adjacent to the existing village and are suitable for house sites and therefore the said lands were acquired for providing house sites only for weaker sections. The Land Acquisition Officer fixed the compensation based on the sale took place in Patan village, which is adjacent to the lands, in question. We have perused the award, which discloses that no particulars of the sale transaction of the Patan village are furnished in the award. The claimant filed claim petition contending that the market value fixed by the Land Acquisition Officer is very low when compared to the prevailing market value of the lands situated in the vicinity. Admittedly, the said land was acquired for the purpose of house sites to the weaker sections. According to the claimant, the market value of the land acquired is Rs.20,000/- per acre. On reference under Section 18 of the Act, the Additional District Judge, Adilabad, enhanced the compensation from Rs.7000/- to Rs.8500/- per acre holding that there are no sale transactions in the village and the sale transaction under Ex.A-2, which was sold at the rate of Rs.15,000/- per acre situated in Junoni village which is about 2 K.Ms., away from the Chaprala village. Heard the rival contentions of both the parties. As seen from the evidence available on record, P.W.1, the son of claimant, who is also holding power of attorney Ex.A-1, stated that the lands acquired is very potential and they used to raise mixed crop of cotton and red gram and used to get 4 to 5 quintals of yield per acre and the rate would be Rs.800/- per quintal of cotton and Rs.700/- per quintal of red gram and therefore the market value of the land, in question, is Rs.20,000/- per acre. P.W.2 who is the attestor of Ex.A-2 sale deed stated that there would be sale transaction at the rate of Rs.15,000/- per acre and the lands sold covered by Ex.A-2 are in Junoni village, which is about 2 K.Ms., away from Chaprala village. Chaprala village is notified under tribal area for prohibiting sales from tribal to tribal and from non-tribal to non-tribal. Junoini village is situated adjacent to Waroor village, which is a non-tribal area. Admittedly, there are no other sale deeds prior to the notification in respect of Chaprala village or the neighbouring villages except Ex.A-2 sale deed. Therefore, we are of the opinion that the Land Acquisition Officer as well as the court below ought to have taken into consideration Ex.A-2. But, however, we are not inclined to take into consideration the market value in toto. Admittedly, the lands covered in Ex.A-2 are outside the scheduled area and therefore the value of the lands would be more, as there is no restriction for alienation. Having regard to the facts and circumstances of the case, we are of the opinion that it is just and proper to enhance the compensation from Rs.8,500/- to Rs.10,500/- per acre. The claimant is entitled to all other statutory benefits as awarded by the Land Acquisition Officer. The appeal is accordingly allowed in part enhancing the compensation from Rs.8,500/- to Rs.10,500/- per acre. There shall be no order as to costs. ________________ V.ESWARAIAH, J. ________________ NOUSHAD ALI, J. 22.6.2010 kpr