THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.14 OF 2006 DATED 19TH JANUARY, 2011 BETWEEN: The Land Acquisition Officer, (Revenue Divisional Officer), Kamareddy. … Appellant/Referring Officer a n d Katkuri Ramchander Rao and Others. … Respondents/Claimants. THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.14 OF 2006 J U D G M E N T (Per Sri Justice Sanjay Kumar) An appeal by the State under Section 54 of the Land Acquisition Act, 1894 aggrieved by the Order and Decree dated 14.02.2005 passed by the reference Court of the learned I Additional District Judge, Nizamabad, in O.P.No.526 of 1997. By the said Order and Decree, the reference Court enhanced the market value of the acquired land from Rs.9,100/- per acre to Rs.48,400/- per acre. The State acquired an extent of Ac.1.15 guntas of land situated in Malkapoor Village of Domakonda Mandal, Nizamabad District, for the purpose of providing house sites to weaker sections. The notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity, ‘the Act of 1894’) in this regard was published on 03.01.1996. After due enquiry the Land Acquisition Officer, by Award dated 10.04.1997, determined the market value of the acquired land at Rs.9,100/- per acre. Aggrieved thereby, the land owners sought reference under Section 18 of the Act of 1894. Before the reference Court, the land owners examined two witnesses and marked two documents in evidence. No witness was examined on behalf of the State but a copy of the Award was marked as Ex.B.1 with consent. The claimants sought compensation at the rate of Rs.60/- per square yard before the reference Court. The Judgments of the reference Court in O.P.Nos.236 and 29 of 1985 were marked as Exs.A.1 and A.2 respectively. The reference Court took note of the fact that under Ex.A.2, it had enhanced the market value of the acquired land from Rs.4,000/- per acre to Rs.5/- per square yard. As this Judgment had attained finality and the land which was the subject matter of this O.P. was situated at a distance of about 5 to 6 meters from the acquired land, the reference Court opined that sufficient similarities existed between the two lands warranting reliance on the determination undertaken under Ex.A.2. However, as the acquisition, the subject matter of Ex.A.2, was of the year 1984 and there was a gap of more than 11 years, the reference Court enhanced the value to Rs.10/- per square yard. Further, as the acquired land was undeveloped the reference Court protected the interest of the State by deducting 1/4th of the area acquired towards development. In effect, the market value was determined at Rs.7.50 ps. per square yard. After due consideration, we are of the opinion that this exercise undertaken by the reference Court does not brook interference in appellate jurisdiction. Being guided by the earlier determination of market value of similarly situated proximate land, undertaken more than a decade earlier, the reference Court effected necessary enhancement duly protecting the interest of the State by allowing deductions towards development. The approach of the reference Court is therefore unassailable on facts and in law. The Appeal is devoid of merit and is accordingly dismissed. No costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 19TH JANUARY, 2011. PGS