IMPORTANT POINT
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.

JUDGMENT :

T. Mallikarjuna Rao, J.

1. These Land Acquisition Appeal Suits arise out of the Common Order, dated 22.02.2011, passed in O.P.Nos.260 of 2009 and batch and O.P.Nos.263 of 2009 and batch on the file of II Additional Senior Civil Judge, Nandyal (hereinafter referred to as "Reference Court") whereby the compensation for the land acquired was enhanced from Rs.2,63,000/- to Rs.3,90,000/- per acre.

2. This batch of Appeals arises from the same land acquisition Notification dated 06.03.2007 for the land of villages Udumalpuram and Moolasagaram, Nandhyal, Kurnool District and involve common facts and questions; therefore, with the consent of the learned counsels for the parties, all these first Appeals have been heard together treating the L.A.A.S. No.681 of 2011 as the leading first Appeal.

3. For the sake of convenience, the Parties will be hereinafter referred to as per their ranking in the Reference Court.

4. The Government has issued a Notification issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The Land Acquisition Officer fixed the market value of the lands at the rate of Rs.2,63,000/- per Acre in respect of the lands vide Award No.3 of 2008 dated 20.02.2008.

5. Dissatisfied with the compensation awarded in Award No.3/2008 dated 20.02.2008, issued by the Land Acquisition Officer, several Land Owners submitted references under Section 18 of the Act. These references were adjudicated by the Orders dated 22.02.2011, in leading O.P.No.260 of 2009 and batch and O.P.No.263 of 2009 and batch, before the learned II Additional Senior Civil Judge, Nandyal. The Reference Court enhanced the market value of the acquired land from Rs.2,63,000/- to Rs.3,90,000/- per Acre. Aggrieved by these common orders, the Appellants/Claimants have filed the present First Appeals.

6. Briefly stated facts of the present Appeals for referring the matters by the Revenue Divisional Officer (L.A.O.) to the Civil Court under Section 18 of the Act are as follows:

(a) The Revenue Divisional Officer (Land Acquisition) in Nandyal acquired a total of 9.73 acres of land across various survey numbers in the villages of Moolasagaram and Udumalpuram, located within the Sub-Registration District of Nandyal and the Registration District of Kurnool. This land, owned and possessed by Claimants specified by the State Government, was declared necessary for the construction of a diversion road and a high-level bridge across the Kundu River, extending from K.M. ½ of the Nandyal to Atmakur road to intersect with NH 18 at KM 20/8, as published in the A.P. Gazette No. 07/K.N.L., Part-I, Extraordinary, dated 06.03.2007.

(b) The Land Acquisition Officer conducted a thorough inquiry into considering various circumstances and the draft declaration under Section 6 of the Act, was published simultaneously. General notices, as required under Sections 9(1), 10, and 9(3) of the Act, were also issued. Following this inquiry, the Land Acquisition Officer issued an award (Award No. 3/2008) on 20.02.2008, fixing the market value of the acquired lands at Rs.2,63,000/- per Acre. To determine this market value, the Officer reviewed 108 sale transactions that occurred within the village limits of Moolasagaram and 85 transactions in Udumalpuram, all relating to dry lands within the three years preceding the Section 4(1) notification. However, the Claimants received the compensation under protest. They requested the Land Acquisition Officer to refer the matter to the Civil Court under Section 18 of the Act.

7. The Claimants/Appellants filed their respective claim statements, and the claims of the Claimants are as follows:

(a) The Award issued by the Land Acquisition Officer is unjust, improper, and not maintainable. The Referring Officer/L.A.O., and the Surveyor failed to inspect the acquired lands before passing the Award, a fact not acknowled