IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF MARCH, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2198 OF 1999 Between: The State of A.P., through the Revenue Divisional Officer, (Land Acquisition Officer), Siddipet, Medak. … Appellant And: Chintapally Mallareddy … Respondent THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2198 OF 1999 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) State, through the Land Acquisition Officer- cum- Revenue Divisional Officer, is in appeal against the order of the Senior Civil Judge, Siddipet passed in O.P.No.50 of 1995 dated 31-03-1999. 2. An extent of Ac.4-20 gts of land in Sy.No.911 belonging to the respondent/claimant situate in Yellaipally, hamlet of Allipur village of Chinnakodur Mandal was acquired through a notification issued under Section 4(1) of the Land Acquisition Act and published in the Medak District Gazette on 09-02-1993, for the purpose of providing house sites to weaker sections. Possession of the land was forcibly taken in the year 1986 and pattas were distributed to the beneficiaries for construction of houses. After repeated representations made by the respondent/claimant, the above notification was issued for acquiring the land. The Land Acquisition Officer, after complying with the formalities, passed an award on 20-07-1995 fixing the market value of the acquired land at Rs.4,000/- per acre. Dissatisfied with the fixation of the market value, the claimant, after lodging protest, sought for reference of the matter to the Civil Court under Section 18 of the Act claiming compensation of Rs.15/- per sq.yard. On reference being made and on receipt of the notice, the claimant appeared and filed claim statement claiming compensation of Rs.15/- per sq. yard for the acquired land with all statutory benefits. 3. In order to prove the market value prevalent as on the date of issuance of notification, P.Ws.1 to 4 were examined on behalf of the claimant and Exs.A-1 to A-29 were marked. On behalf of the Referring Officer, R.W.1 was examined and Ex.B-1 was marked. 4. The claimant, who was examined as P.W.1, stated that Yellaipally village is hamlet of Allipur Gram Panchayat and his land an extent of Ac.4-20 gts situate in Sy.No.911 at Yellaipally was acquired by the Government in 1986 for allotment of house sites to weaker sections and earlier he used to raise green gram and maize in the acquired land and used to get Rs.1 lakh profit from it. He also installed a bore well in the acquired land and through it he used to raise commercial crops like maize, ginger, groundnut etc., prior to acquisition. 5. Ex.A-1, registered sale deed dated 16-07- 1987, shows that P.W.1 sold an extent of 150 sq. yards in Sy.No.911 to one Vajravva at Rs.11/- per sq.yard. Under Ex.A-29, an extent of Ac.1-20 gts situate at Kuchaguttapally village was acquired by the Government in the year 1976 and for the said extent, the Land Acquisition Officer fixed compensation of Rs.2,000/- per acre and the same was enhanced to Rs.2/- per sq.yard by the reference Court. 6. According to the evidence of P.W.1, the said land covered by Ex.A-29 is near to the acquired land at a distance of one furlong. R.W.1 admitted that the land covered under Ex.A-29 is near to the acquired land and the market value was fixed at Rs.2/- per sq. yard. The evidence of P.W.2 shows that he had purchased 150 sq. yards in Sy.No.911 of Yellaipally village under Ex.A-1 and constructed a house therein. The evidence of R.W.1 also reveals that several houses already existed prior to issuance of notification for acquisition of the land and that the land has got much potentiality. 7. Keeping in view the market value of the land in the year 1976, which is one furlong away from the acquired land, and for the land covered under the present notification, which is 17 years after the same and further the owners of the property have been deprived of the income for nearly 10 years, as the said land was taken possession physically in the year 1986, and that the award by the Land Acquisition Officer was passed on 20- 07-1995, the Reference Court fixed the market value at Rs.11/- per sq. yard and after deducting 1/5th towards development charges, arrived at the market value at Rs.8/- per sq. yard as just and reasonable compensation. Even if Rs.2/- per sq. yard, fixed by the Court in the year 1976 as basic year, is taken into consideration and necessary escalation is given for 17 years, the market value works out to more than Rs.11/- per sq. yard, which is also reflected in Ex.A-1 sale deed. 8. In view of the same, the fixation of market value by the reference Court at Rs.8/- per sq. yard is just and reasonable and the same does not call for interference. 9. The appeal is accordingly dismissed. There shall be no order as to costs. _________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J Dated 23rd March, 2010 Lrkm/Bss.