THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR A.S.No.1395 of 1997 Date of Judgment: 05-03-2010 Between: The Land Acquisition Officer-cum-Revenue Divisional Officer, East Division, R.R.District. ..Appellant and 1.M. Bhadraiah and others ..Respondents The Court made the following Judgment: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR A.S.No.1395 of 1997 Oral Judgment: (Per Honourable Sri Justice A.Gopal Reddy) 1. This appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) by the Land Acquisition Officer-cum-Revenue Divisional Officer, East Division, Rangareddy District is filed questioning the enhancement of compensation made in O.P.No.138 of 1988 dated 20-12-1994 by the Principal Subordinate Judge, Rangareddy District. 2. An extent of Ac.3.21 gts. of land in Sy.Nos.12/3, 12/4, 19/3 situated at Mallapur village was acquired for the purpose of shifting Railway MG goods and transport yard from Secunderabad to Moulali by publishing a notification under Section 4(1) of the Act dated 22-02- 1979. During the award enquiry the claimants appeared before the Land Acquisition Officer (LAO) and claimed Rs.40/- per square yard. The LAO by his award dated 20-03-1986 fixed the market value at Rs.3.50 ps. per square yard. Dissatisfied with the fixation of the market value, when the claimants sought for reference under Section 18 of the Act for due determination of the market value, the matter was referred to the civil court. The claimants appeared and filed their claim statements claiming compensation at Rs.40/- per square yard. 3. To prove the market value, the 1st claimant was examined as P.W.1 and two more witnesses were examined as P.Ws.2 and 3 and marked Exs.A1 and A2. On behalf of the Referring Officer a clerk working in the RDO office was examined as R.W.1 but no documentary evidence was let in. 4. Claimant No.1 deposed that the land under acquisition is hardly 100 feet from the main road running from NFC to Tarnaka and many residential colonies have come up including the A.P. Housing Board colony, which is adjacent to the land under acquisition. P.WD road passes through their land where protected water supply and electricity was provided; High Schools and Colleges are nearer to the acquired land and industries like NFC and Union Carbide, ECIL are nearer to the acquired land. The Government acquired land is the subject matter of O.P.No.165 of 1986, which is at a distance of 1 KM from the acquired land and the purpose of acquisition is also for laying of railway track where the lands were acquired in the year 1984. The reference court fixed the market value at Rs.101/- per square yard. P.W.2, who is the vendor of the original of Ex.A2—sale deed dated 12- 11-1990, deposed that he sold one plot admeasuring 500 square yards situated at Mallapur for a consideration of Rs.70,000/- which works out Rs.150/- per square yard; the acquired land is just abutting the road and corroborated the evidence of P.W.1 that industries like NFC & ECIL and schools and colleges are within the vicinity of the acquired land. There are Housing Board Colony and Krishna Nagar Colony around the acquired land, which is well provided with bus facility and every 20 minutes there is bus from the acquired land to the different places of the State. He purchased the plot in the year 1984 at the rate of Rs.36/- per square yard under Ex.A2. In the cross- examination he stated that the industries are within one kilometre range from the acquired land, where plots were sold for residential purpose. P.W.3 stated that he sold away his plot to one Bhagavan Das at Rs.120/- per square yard and also stated that industries are nearby the acquired land. R.W.1 the clerk of RDO’s office admitted in his evidence that the land under acquisition is provided with water, transport and telephone etc., he further admitted that NFC and ECIL factories are within the vicinity of the acquired land and many industries are coming up in the surrounding locality of Mallapur village and prices of the lands are increased rapidly. 5. The reference court after taking into consideration Ex.A1— sale deed fixed the market value of the acquired land at Rs.30/- per square yard with statutory benefits. Questioning the correctness of the same the State preferred the present appeal. 6. We have heard the learned Government Pleader for Appeals for the appellant and also learned counsel for the respondents/claimants. 7. It is brought to our notice in A.S.Nos.2166, 2167, 2168, 2169, 2170, 2171, 2172, 2384 of 2000, 1141, 1163 of 2001 and 507 of 2002, dated 01-10-2007 a Division Bench of this Court (to which AGRJ is a party) confirmed the market value fixed by the reference court for Ac.9.51 gts. of land and allowed A.S.No.1141 of 2001 preferred by the claimant in O.P.No.121 of 1986 fixing the market value at Rs.40/-per square yard and dismissed the appeals preferred by the Union of India. 8. In view of the same, the market value fixed by the reference court is based on evidence, which needs no interference. 9. The appeal is accordingly dismissed. No order as to costs. ________________ A.GOPAL REDDY, J. _____________________ VILAS V.AFZULPURKAR,J. 05-03-2010 Murthy