HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA 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 Land Acquisition Officer (Revenue Divisional Officer, Suryapet), Nalgonda District, aggrieved by the order and decree dated 18.04.2016 passed in L.A.O.P.No.24 of 2003 by the learned Senior Civil Judge at Suryapet (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 Government has acquired the land to an extent of Ac.28.14 guntas for the purpose of agricultural market yard in Suryapet and Bechirag Madharam. The notification under Section 4(1) of the Act was published on 19.09.2000 and after conducting due enquiry, the Land Acquisition Officer has granted Rs.1,00,000/- per acre. Having dissatisfied with the award, the claimants have preferred an application and the same was referred to the Senior Civil Judge at Suryapet.

4. The reference Court has framed the following point for consideration:

“Whether the compensation amount awarded by the Land Acquisition Officer is just and proper for the same enhancement, if so what relief?”

5. Before the reference Court, the claimants got examined PWs 1 to 8 and Exs.P1 to P21 and Exs.X1 and X2 were marked. On behalf of the respondent, RW1 was examined and Ex.R1 was marked.

6. Based on the evidence on record, the reference Court has enhanced the value to Rs.6,00,000/- per acre, apart from the statutory benefits. Aggrieved by the same, the Land Acquisition Officer has preferred the present appeal.

7. Heard the submissions of learned Government Pleader for the appellant and Sri A.Prabhakar Rao, learned counsel for the respondents.

8. The learned Government Pleader has submitted that the reference Court ought not to have enhanced the compensation exorbitantly from Rs.1,00,000/- to Rs.6,00,000/- and that the reference Court has enhanced it based on surmises, without fixing any point for consideration. He further submitted that the reference Court has relied upon the judgment in O.P.No.46 of

1993 and has erroneously granted the compensation and that the compensation that was granted at Rs.4,00,000/- per acre was done about 15 years ago and that there is no finding by the Court below with regard to the enhanced value of the land as claimed by the claimants and he has further submitted that the learned reference Court has shown reluctance to enhance the compensation in its discussion, but however has enhanced it from Rs.1,00,000/- to Rs.6,00,000/- per acre. He therefore, prayed to set aside the orders of the reference Court.

9. The learned respondent counsel has submitted that the reference Court has taken all the components into consideration and has rightly enhanced the compensation and 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 not 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) PW1 is the claimant No.5 and his evidence reveals that the land that is acquired is situated adjacent to Bechirag Madharam village within a radius of 2 KM from Suryapet Town and that it is near the industrial estate, bus stand and other educational institutions and it is also at the commercial junction of Suryapet town. He further deposed that there are number of sale transactions which took place nearby the acquired lands @ Rs.40,00,000/- per acre. It is further elicited through him that the land acquired is suitable for house sites and that prior to acquisition, they used to raise commercial crops, vegetables and used to earn Rs.4,00,000/- per acre after deducting expenses. To support their claim,