THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1916 OF 1999 & Cross Objection (SR) No.66432 of 1999 DT.2.12.2011 Between: The Revenue Divisional Officer … Petitioner And Tera Rabhava Reddy and others … Respondents Counsel for the Petitioner: Sri K Devender for G.P. for Appeals Counsel for respondents/Cross Objectors: Sri N Vasudeva Reddy The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1916 OF 1999 & Cross Objection (SR) No.66432 of 1999 JUDGMENT : (Per Sri Justice V Eswaraiah) The Revenue Divisional Oﬃcer is the appellant and the claimant-respondents are Cross Objectors. Land to an extent of Ac.5.00 in Survey No. 482 of P.A. Pally village and mandal, Nalgonda district was acquired for the purpose of providing house sites to the weaker sections pursuant to the notiﬁcation issued under Section 4 (1) of the Land Acquisition Act dated 29.2.1992. After conducting the enquiry, the Land Acquisition Oﬃcer, passed an award ﬁxing the compensation at Rs.13,500/- per acre. Having dissatisﬁed with the compensation granted, the claimants sought for reference and the matter was referred to the Subordinate Judge, Nalgonda. The claimants were examined as P.W.1 to P.W.6 and marked documents Ex.A.1 to A.3 and Ex.X1 to X5. No evidence was adduced on behalf of the referencer. The reference Court on consideration of the matter, enhanced the compensation from Rs.13,500/- to Rs.27,000/- per acre with all other statutory benefits. Hence, the present appeal and Cross Objections. The case of the Government/appellant is that the Land Acquisition Oﬃcer, after conducting an enquiry and taking into consideration various sale deeds and sale transactions has ﬁxed the reasonable compensation at Rs.13,500/- and the reference Court ought not to have enhanced it to Rs.27,000/-, which is exorbitant. On the other hand, it is the case of the claimants/Cross Objectors that similarly situated lands were sold at the rate of Rs.25/- per sq yard under Ex.A2 and Ex.A3, and Ex.X1 to Ex.X5, therefore the Court below ought to have considered the same and ought to have granted a just compensation. Heard Sri K Devender for learned Government Pleader for Appeals and Sri N Vasudeva Reddy for Cross Objectors/claimants. It is seen that the reference Court did not consider the oral and documentary evidence available on record while ﬁxing the compensation. P.W.1 who is claimant no.1, in his evidence has stated that P.A.Palli village is mandal headquarter, having population of 10,000, having various government oﬃces , veterinary hospital, schools, health centre and a market yard and lay out from the Gram Panchayat was also obtained and that part of the land was sold at the rate of Rs.25/- per sq.yard under Ex.A2 sale deed dated 19.8.1991. Ex.A3 is the true copy of village map. He stated that abutting land covered by Survey No. 483 was sold at the rate of Rs.18/- per sq yard in the year 1978 and claimed the market value at Rs.35/- per sq yard. He denied the suggestion that Ex.A2 was executed in anticipation. P.W.2 in his evidence states that his wife purchased the land covered by Ex.X1 dated 28.5.1987 and X2 dated 3.3.1987 at the rate of Rs.18/- per sq yard. P.W.3 in his evidence states that he has purchased 120 sq yards land for a sum of Rs.3100/-. P.W.4 is the purchaser of land admeasuring Ac.o.01 gunta under Survey No. 483 which is adjacent to the land acquired at the rate of Rs.1000/- in the year 1978 under Ex.X3 dated 23.11.1978. P.W.5 is another purchaser, who purchased 120 sq yards of land in survey no. 483 at the rate of RS.1000/- under Ex.X4 dated 23.11.1978. P.W.6 purchased Ac.1.00 of land in the year 1989 under Ex.5 dated 28.2.1989 for Rs.30,000/-. It is to be noted that Ex.X1 is registered sale deed dated 28.5.1987 which is more than 3 ½ years prior to the date of issuance of notiﬁcation i.e., 29.2.1992. Further, Ex.X5 is dated 28.2.1989 whereunder a larger extent of land i.e., Ac.1.00 was sold at Rs.40,000/- per acre . In view of the above discussed evidence available on record, the claimants are entitled to minimum escalation of 10 % per year for 3 ½ years, therefore, we are of the opinion that it is just and proper to enhance the market value from Rs.27,000/- to.39,000/- per acre. Accordingly, the order under appeal dated 8.10.1996 is set aside and the market value is ﬁxed at the rate of Rs.39,000/- per acre apart from the statutory benefits available under law. In the result, the appeal in A S No. 1916 of 1999 is dismissed and the Cross Objections (SR) No. 66432 of 1999 is allowed to the extent indicated above. No costs. _____________ V ESWARAIAH,J _____________ K.S. APPA RAO,J DATE:02.12.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1916 OF 1999 & Cross Objection (SR) No.66432 of 2009 DT.2.12.2011 THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A.S. NO. 1916 OF 1999 & Cross Objection (SR) No.66432 of 1999 DT.2.12.2011