K. Lakshman, J.
1. This appeal is filed under Section - 54 of the Land Acquisition Act, 1894 by the respondent - Land Acquisition Officer (LAO) in O.P.No.1040 of 1995 on the file of the Additional District Judge at Nizamabad, aggrieved by the order dated 19.09.2003 passed therein.
2. The appellant acquired the land to an extent of Acs.52.35 guntas, situated at Kanteswar Village in Nizamabad Town, for the purpose of providing house sites to the Weaker Section which includes the land in Survey No.17 of the very same village. A notification was issued and got published in official gazette, dated 14.08.1977. Award inquiry was conducted from 13.07.1978 to 25.09.1978. During the said inquiry, the respondent herein was also present and stated that he is the sole occupant of the land bearing Survey Nos.14, 17 and 21 of Kanteswar Village. As per revenue records, an extent of Ac.0.30 guntas is less on the spot in Survey No.17. However, the respondent claimed compensation @ Rs.32,000/- per acre.
3. Vide award dated 15.11.1979, the LAO fixed the market value @ Rs.20,000/- per acre in respect of the lands admeasuring Acs.52.35 guntas, including the land in Survey Nos.14 to an extent of Acs.2.19 guntas, Survey No.17 to an extent Acs.1.20 guntas and Survey No.21 to an extent of Acs.2.07 guntas, making a total extent of Acs.06.06 guntas excluding the area of Ac.0.30 guntas (subject land herein) in Survey No.17 belonging to the respondent.
4. Aggrieved by the said exclusion of the extent of Ac.0.30 guntas in Survey No.17 while fixing the market value, the respondent filed a writ petition in W.P. No.440 of 1991. Vide order dated 18.06.1993, this Court directed the LAO to re-deliver an extent of Ac.0.30 guntas of land in Survey No.17 to the respondent herein or in alternative fix up suitable compensation for the said extent of the land. As against the said order, the LAO preferred writ appeal vide W.A. No.1423 of 1993, and the same was dismissed by a Division Bench on 15.12.1993, confirming the order of learned Judge in the writ petition.
5. Pursuant to the said orders of this Court, the LAO amended the Award dated 15.11.1979, fixing the market value at Rs.51,425/- in respect of the said excluded extent of Ac.0.30 guntas in Survey No.17 of Kanteswar Village, vide proceedings No.B2/6627/1993, dated 19.12.1994.
6. Dissatisfied with the said compensation, the respondent sought reference under Section - 18 of the Act, 1894 and the same was numbered as O.P.No.1040 of 1995 on the file of Additional District Judge at Nizamabad, contending that there is no provision under the Act, 1894 to amend the award. The market value fixed by the LAO for the excluded extent on par with the amount awarded earlier is very less for the reason the earlier award proceedings were dated 15.11.1979, whereas the present proceedings are dated 19.12.1994 and, therefore, fixation of very same amount after lapse of about five years is unjust. Further, as per the Act, 1894, if award is not passed within two years from the date of notification, the notification is deemed to have expired and lapsed and the Referencer is bound to issue notification afresh. In the present case, the award was amended after lapse of two years from the date of notification.
i) He further contended that the subject land is just abutting women’s College and surrounded by dwelling houses. There are all sorts of amenities, such as drainage, electricity supply, street lights etc. It is situated within the Municipality limits and a kilometer away from the Bus Stand and Railway Station. Many Educational Institutions, Government Offices and other private Institutions are situated within the vicinity of the subject land. Hence, a minimum of Rs.600/- per square yard has to be fixed as compensation to the subject land.
7. Before the Reference Court, the GPA Holder of the claimant was examined as PW.1 and Exs.A1 to A7 were marked on his behalf. On behalf of LAO, no evidence, both oral and documentary was let in.
8. After hearing both sides and appreciating the evidence on record, learned Reference Court passed order and decree dated 19.09.2003 in O.P. No.1040 of 1995, enhanced the amount fixing @ Rs.300/- per square yard with solatium @ 30% and interest @ 9% per annum for the first year from the date of taking possession and @ 15/- per annum thereafter till realization on the enhanced amount and on solatium except 12% additional market value.
9. Challenging the said order dated 19.09.2003 in O.P. No.1040 of 1995, the LAO preferred the present appeal contending that the Reference Court erred in fixing the market value on yardage basis and ought to have deducted at least 50% towards development charges. Reference Court erred in relying on Ex.A7 sale deed as comparable sale in respect of a small extent of 350.55 square yards.
10. Heard learned Assistant Government Pleader for Appeals appearing on behalf of the appellant - Land Acquisition Officer and Mr. K.S. Sunil, learned counsel for the respondent.
11. In view of the aforesaid rival contentions, the following points that arise for consideration:
(i) Whether the market value fixed by the Reference Court @ Rs.300/- per square yard is unreasonable?
(ii)Whether the order and decree passed by learned Reference Court is correct in accordance with law?
12. As stated above, the subject land in the present case is only to the extent of Ac.0.30 guntas in Survey No.17 of Kanteshwar Village in Nizamabad Town. Admittedly, while passing the original Award dated 15.11.1979, the LAO excluded the said extent of land on the ground that it is not available on the spot and accordingly did not award any compensation. Challenging the said action of the LAO, the respondent filed a writ petition vide W.P. No.440 of 1991 before this Court, and the same was allowed on 18.06.1993. Challenging the same, the LAO preferred writ appeal in W.A.No.1423 of 1993. The said writ appeal was also dismissed on 15.12.1993.
13. Pursuant to the said orders passed by this Court in the aforesaid writ petition, the District Collector, Nizamabd instructed the Assistant Director (S&LRs), Nizamabad, to demarcate the land and intimate the actual area of Survey No.17 of Kanteswar village. The Assistant Director vide letter dated 14.12.1994 reported that Survey No.17 was demarcated and found on the spot to an extent of Acs.2.10 guntas as recorded in Sethwar. Basing on the said report, the District Collector instructed to implement the order of the High Court in W.P. No.440 of 1991 and take action for payment of land compensation to the subject land.
14. The LAO after conducting the inquiry, fixed the market value for the subject land (Ac.0.30 guntas) at Rs.51,425/- observing that in the award proceedings dated 15.11.1979, the land value was fixed @ Rs.20,000/- per acre for all the lands acquired during the year 1979 including all benefits under the Act, 1894 and at the same rate, the LAO fixed for the subject land.
15. Dissatisfied with the said amount, the respondent sought reference under Section - 18 of the Act, 1894.
16. The respondent herein as PW.1 before the Reference Court deposed that the subject land is located within the municipal limits of Nizamabad Municipality and abutting women’s College. It is surrounded by dwelling houses in Survey No.23. The area is well developed having drainage and electricity around the vicinity. The subject land is very nearer to the educational institutions, bus stops, railway station and government offices and shopping complexes, function halls and cinema theatres. Therefore, he sought to award compensation @ Rs.600/- per square yard in the year 1994.
i) During cross-examination, he admitted that in the year 1977 the acquired land was surrounded by Agricultural lands, but one side township was there.
ii) During re-examination, he marked Ex.A7 - sale deed dated 11.05.1994 in respect of Kanteshwar area. As per the said document, one Mr. Srikanth Reddy sold a plot to an extent of 350 square yards for a total consideration of Rs.1,05,165/-. The subject land and the land under Ex.A7 are adjacent each other.
iii) During cross-examination, PW.1 also admitted that National Highway No.16 is passing between the lands under acquisition and the land under Ex.A7, and both the lands are situated either side of the said National Highway.
17. Ex.A1 is the GPA executed by the respondent in favour of his son, to represent the aforesaid proceedings. Ex.A2 is the order dated 04.03.1986 in O.P.No.397 of 1982 and batch passed by the Additional District Judge at Nizamabad. In the said batch, the land of the respondent in respect of Survey Nos.14, 17 and 21 admeasuring Acs.2.19 guntas, Acs.1.20 guntas and Acs.2.07 guntas, respectively were covered arising out of O.P No.60 of 1982 and its decree was marked as Ex.A3. In the said order, the respondent was awarded @ Rs.20/- per square yard in respect of the aforesaid extents on yardage basis after deducting 33 1/5% towards developmental charges. Ex.A4 is the market value certificate issued by the District Registrar, Nizamabad, wherein it is mentioned the market value as Rs.10,89,000/- in respect of open place to an extent of Ac.0.30 guntas in Survey No.23 of Chandrashekar Colony, Kanteshwar, Nizamabad. Ex.A5 is the order dated 22.11.1994 passed by this Court in Application No.626 of 1994 in C.C. No.656 of 1994. The said Contempt Case was filed for implementing the order dated 18.06.1993 in W.P.No.440 of 1993. Ex.A6 is the copy of protest application made by the respondent to the LAO to refer the matter under Section – 18 of the Act, 1894 to the Civil Court.
18. Ex.A7 is the registered copy of sale deed dated 11.05.1994, wherein, one Mr. L. Srikanth Reddy sold an extent of 350.55 square yards of land for a total consideration of Rs.1,05,165/-, which comes to Rs.300/- per square yard. The said land under Ex.A7 said to have purchased from PW.1 itself. The said plot is situated in Ward No.6 and Block No.1 in Kanteswar, Nizamabad.
19. As stated above, the subject land is also situated in Kanteswar. Ex.A7 is seven months prior to the date of amended award. The land under ExA7 and the subject land are situated in the same area and they are fit for house-sites. As stated above, the valuation mentioned in Ex.A4 by the District Registrar, Nizamabad is that of the value mentioned in Ex.A7.
20. Relying on the aforesaid documents, learned Reference Court fixed the market value @ Rs.300/- per square yard. The LAO contended that the said amount is unreasonable including yardage basis. The LAO did not adduce any evidence before the Reference Court either oral or documentary to disprove the claim of the respondent. Since the appellant - LAO failed to discharge the burden of proving that the market value determined by the Reference Court is inadequate, and there is no evidence establishing the subject land has no potentiality or prevailing market value is very less, there is no legal basis for enhancement, an appellate Court ordinarily will not interfere with finding of fact unless they are shown to be perverse, arbitrary, or unsupported by the record. Accordingly, the appeal seeking reduction of compensation is liable to be dismissed, and the award fixing market value at Rs.300/- per square yard deserves to be affirmed.
21. The present appeal is accordingly dismissed, confirming the order dated 19.09.2003 in O.P. No.1040 of 1995 passed by learned Additional District Judge, Nizamabad. In the circumstances of the case, there shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this appeal shall stand closed.
