Determination of market value must be based on credible evidence and prevailing conditions, as established in the relevant statutory framework.

COMMON JUDGMENT: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

Introductory:-

[i] Appeal in LAAS No.126 of 2019 is filed under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Act 30 of 2013] r/w Section 54 of the Land Acquisition Act, 1894 and directed against an award passed by the learned Principal Senior Civil Judge, Vijayawada in LAOP No.104 of 2015 dated 01.05.2019.

[ii] The Special Deputy Collector (L.A.) and Land Acquisition Officer, Vijayawada, who made reference under Section 18 of the Land Acquisition Act, 1894 is the appellant herein. Cross-Objections are made by the claimants vide Cross-Objections No.36 of 2024.

Facto matrix:-

2. [i] Since the appeal and the Cross-Objections are pertaining to fixation of fair compensation pertaining to the lands acquired and as the contentions and issue involved being the same, both the matters are being answered together.

[ii] Government of Andhra Pradesh through APCRDA, Vijayawada acquired land measuring 795 Sq. Yards in R.S.No.78/1B of Payakapuram village for development of widening and formation of inner ring road VGTM Urban Development Authority, Vijayawada.

[iii] An Award No.3 of 2015, dated 06.06.2015 was passed awarding a compensation of Rs.3446/- per Sq.Yard. Compensation of Rs.31,01,587/- to the clamant No.1 and Rs.2,99,820/- to the claimant No.2 was awarded in respect of their lands in an extent of 435 Sq. yards and 42.5 Sq.Yards respectively. Since dissatisfaction was expressed by the claimants, reference was made.

[iv] Considering the claim statements of claimants No.1 and 2, where they have proposed the market value of Rs.50,000/- per Sq. yard, the learned Senior Civil Judge, after referring to the evidence, fixed the value at Rs.20,000/- per Sq. yard.

[v] Questioning the same, the government has filed the present appeal and the claimants filed Cross-objections.

Contention of the appellant/government:-

3. [i] There is no documentary proof to show the market value of the property acquired @Rs.20,000/- per Sq. yard.

[ii] The increase is abnormally high.

[iii] The land value Certificate shows only Rs.5000/- which is of the year 2015, as per Ex.R3.

[iv] When the award is of the year 2015, the market value as on that year, even if taken, the value cannot be more than Rs.5000/- per Sq. Yard.

[v] Considering average of the market values of the years 2009-2012, which approximately average of corresponding 3 years, the Land Acquisition Officer, rightly fixed the market value.

[vi] Learned Senior Civil Judge, while rejecting Exs.R1 and R2, being the market value of the year subsequent to the award, erred in fixing the market value double the value mentioned in Ex.R1 and Ex.R2

[vii] The judgment of the learned Senior Civil Judge is against Sections 26 and 29 of the Act 30 of 2013, which provides for determination of market value and the parameters as to adopting average sale particulars of similarly situated lands.

In Cross-Objections No.36 of 2024:-

Arguments of the claimants :-

4. [i] Learned Senior Civil Judge, ought to have considered that the lands acquired is situated in prime locality and will fetch not less than Rs.40,000/- per Sq. yard.

[ii] Learned Senior Civil Judge ought to have considered that Ex.R6 and Ex.R7, sale deeds, which clearly show that the Sub-Registrar valued the land @Rs.11,000/- per Sq.Yard, then the market value must be much more higher.

[iii] The document under Ex.R1 to R4 must have been appreciated in proper perspective and the market value should have been fixed at Rs.40,000/- as prayed by the claimants.

5. Heard