THE HONOURABLE SRI JUSTICE A.GOPAL REDDY AND THE HONOURABLE SRI JUSTICE RAJA ELANGO A.S.Nos.2826 and 2841 of 2001 and 319 and 908 of 2002 COMMON JUDGMENT: (per Hon’ble Sri Justice A.Gopal Reddy) All the four appeals filed by the Special Deputy Collector (LA), H.L.C-cum-Land Acquisition Officer, Anantapur, under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) arise out of the same 4(1) notification, dated 23.09.1993 and same award No.4 of 1994, dated 08.03.1994 and hence, they are heard together and are being disposed of by a common judgment. A.S.Nos.2826 and 2841 of 2001 and 319 and 908 of 2002 are directed against the order, dated 20.08.2001, passed by the Principal Senior Civil Judge, Anantapur, in O.P.Nos.111, 112, 109 and 108 of 1994, respectively. The facts in brief, necessary for disposal of the appeals, are as follows: - The Government of Andhra Pradesh by issuing draft notification under Section 4(1) of the Act on 23.03.1993, acquired the lands belonging to the respondents-claimants in Sy.Nos.41, 42/B-2, 61 and 62 of Peddakowkuntla Village of Uravakonda Mandal, Anantapur District, for foreshore submersion of PABR. After complying with the formalities, the Land Acquisition Officer, by his Award No.4 of 1994, dated 08.03.1994, categorized the lands into three groups and fixed the market value for group-I lands at Rs.12,000/- per acre and at Rs.2,000/- per acre for group-II lands. In these appeals, we are concerned only with regard to group-I and II lands. Whereas group-III lands are subject matter of O.P.No.106 of 1994. The claimants not being satisfied with the fixation of the market value by the Land Acquisition Officer, after receipt of the compensation under protest, sought for reference of the matter to the civil Court. On reference being received by the civil Court and on receipt of notice, the claimants filed claim statements claiming compensation at Rs.25,000/- per acre for the acquired lands. In order to prove the enhancement of the market value, the claimants in the respective O.Ps examined themselves as P.W.1 and P.Ws.2 and 3, common in all the O.Ps., were also examined, apart from marking Exs.A-1 and A-2. On behalf of the Referring Officer, one Chennakesava Reddy was examined as R.W-1 and Exs.B-1 to B-6 were marked. The Reference Court by separate orders, dated 20.08.2001, enhanced the market value of the acquired land at 30% on Rs.12,000/-for group-I lands and 30% on Rs.2,000/- for group-II lands. Questioning the same, the present appeal has been filed. We have heard learned Government Pleader for Appeals appearing for the appellant and learned counsel appearing for the respondents-claimants and gone through the entire evidence adduced by both the parties and the reasoning adopted by the lower Court in enhancing the compensation for the acquired lands. The claimants in the respective O.Ps, who got themselves examined as P.W-1, deposed in the same lines as that of their claim statements filed before the lower Court and the crops raised by them. P.Ws.2 and 3 were examined to prove the documents under Exs.A-2 and A-3. The award passed by the Land Acquisition Officer clearly discloses that the nature of the lands, soil-sort-taram, fertility and the potentiality of the acquired lands. The evidence adduced by the parties also discloses that Peddakowkuntla, Chinnakowkuntla and Mylarampalli Villages are under the same Gram Panchayath and are adjoining villages. The Land Acquisition Officer, who gathered the sale statistics, has mentioned in his award, that an extent of Ac.0.95 cents of land in Sy.No.199-A of Peddakowkuntla was sold for Rs.12,200/- on 12.07.1998, an extent of Ac.0.15 cents in Sy.No.110-A which was sold for Rs.36,500/- on 19.03.1993, an extent of Ac.0.13 cents in Sy.No.124-B was sold on 08.04.1993 for Rs.31,500/- and further, an extent of Ac.0.20 cents in Sy.No.124-B was sold for Rs.48,500/- on 17.08.1993. As the said sale deeds relate to small extents of land of Peddakowkuntla Village, they were discarded by him. However, he relied on the sale transactions whereunder an extent of Ac.3- 00 cents of land was sold for Rs.41,000/- on 31.01.1990, an extent of Ac.6.00 cents in Sy.No.302 was sold on 08.07.1992 for Rs.99,000/-. Under Ex.A-1-certified copy of the registration extract of the sale deed, dated 06.02.1988, an extent of Ac.1-23 cents of land in Sy.No.128 of Peddakowkuntla was sold for a consideration of Rs.45,000/-, which works out to Rs.35,000/- per acre and under Ex.A-2-certified copy of the registration extract of the sale deed, dated 06.07.1992, an extent of Ac.6.00 cents of land was sold for Rs.99,000/, which works out to Rs.16,000/- per acre. In the impugned order, the learned Judge observed that there is likelihood of creating documents after coming to know about the acquisition proceedings and hence, the Land Acquisition Officer has rightly rejected the transactions of the year 1992 and 1993, and only considered the transactions of the year 1990. He also observed that the acquired land is similar to that of the land covered by Exs.A-1 and A-2 and hence, enhanced the market value by 30% more than what was awarded by the Land Acquisition Officer. Since we are satisfied that Exs.A-1 and A-2-sale deeds are comparable sales to fix the market value of the acquired lands, the claimants are entitled to necessary escalation of 10% on Ex.A-1, which works out to more than Rs.50,000/- per acre, and even if, 50% is deducted, the market value comes to Rs.25,000/- per acre. If Ex.A-2 is taken as a comparable sale, for fixing the market value of the acquired land and if 10% escalation is added to that, it works out to Rs.50,000/- per acre i.e., more than the market value fixed by the lower Court. The market value of the land covered under Ex.A-2 as on the date of issuance of 4(1) notification is Rs.35,000/- per acre. In view of the same, we do not see any merit in the appeals preferred by the Land Acquisition Officer questioning the enhancement of the compensation for the acquired lands by the lower Court. All the appeals are, accordingly, dismissed. There shall be no order as to costs. _________________________ JUSTICE A.GOPAL REDDY _________________________ JUSTICE RAJA ELANGO 3rd June 2010 dr