HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA APPEAL SUIT NO.1772 OF 2004 JUDGMENT: (per Hon’ble Smt. Justice Tirumala Devi Eada)

This appeal, under Section 54 of the Land Acquisition Act, 1894, (for short ‘the Act’) is preferred by the appellants – claimants, aggrieved by the order and decree dated 13.12.2000 passed in O.P.No.39 of 1997 by the learned Senior Civil Judge at Nalgonda (hereinafter referred to as ‘the Reference Court’).

2. For convenience and clarity, the parties herein are referred to as they were arrayed before the reference Court.

3. The facts of the case in brief are that the Mandal Revenue Officer has identified the land of the claimants as suitable for the allotment of house sites, from 155 beneficiaries and accordingly, the proposal was submitted to the Government. The draft notification under Section 4(1) of the Act was published in the gazette on 07.03.1996. After conducting due enquiry, the Land Acquisition Officer has awarded Rs.11,000/- per acre. Aggrieved by the said award, the appellants have made an application under Section 18 of the Act, which was referred to the learned Senior Civil Judge, Nalgonda.

4. The reference Court has framed the following points for determination:

“1. Whether the claimants are entitled for fixation of the market value to the acquired land @ Rs.3,00,000/- per acre?

2. Whether the market value to the acquired land is required to be enhanced over and above the market value fixed by the LAO?

3 To what relief?”

5. Before the reference Court, the claimants got examined PWs 1 to 6 and got marked Exs.A1 to A4 and X1. On behalf of the respondent, no evidence was adduced.

6. Based on the evidence on record, the reference Court has enhanced the compensation to Rs.18,000/- per acre. Aggrieved by the same, the claimants have preferred the present appeal.

7. Heard the submissions Sri G.Dhananjai, learned counsel for the appellants and learned Government Pleader for the respondent.

8. Learned counsel for the appellants has submitted that the reference Court has failed to appreciate the evidence on record and that the notification was issued for the purpose of house sites and therefore, the Court must have fixed the market value at least Rs.50/- to Rs.60/- per square yard and that the reference Court has granted meager compensation and he further argued that the adjacent lands are being sold on yardage basis for house sites. He therefore, prayed to set aside the orders of the reference Court and enhance the compensation.

9. The learned Government Pleader has argued that the orders passed by the reference Court do not need any interference and that in fact the Land Acquisition Officer has awarded a just compensation and the reference Court has enhanced further to Rs.18,000/- per acre which needs no further enhancement, he therefore, prayed to dismiss the appeal.

10. Based on the above rival contentions, this Court frames the following points for determination:

1. Whether the claimants are entitled for enhancement of compensation?

2. Whether the order and decree of the reference Court need any interference?

3. To what relief?

11. POINT NO.1:

a) A perusal of Ex.A1 sale deed dated 16.02.1995 shows that the land to an extent of 73 ½ square yards was sold @ Rs.30/- per square yard i.e. total consideration is Rs.2,300/-. Ex.A2 is sale deed dated 20.02.1995 shows that the land to an extent of 174 Sq.yards was sold @ Rs.30/- per square yard i.e. total consideration is Rs.5,300/-.

b) A perusal of the award reflects that at Sl.No.52 dated 30.05.1995 the highest sale transaction discloses a price of Rs.10,000/- per acre and at Sl.No.37 dated 23.11.1994, Rs.10,085/- is the price per acre.

c) The evidence of PWs 1 to 6 reveals that the lands in adjacent area are sold for house sites @ Rs.50/- to Rs.60/- per square yard and that their acquired land is very much useful for house sites. PW5 is an attestor in Ex.A3, wherein an area of 125 sq.yards was sold @ Rs.25/- per square yard.