HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO DT. 2-6--2010 AS No.64/2002 The Land Acquisition Officer-cum- Revenue Divisional Officer), Bandar. …Appellant V. 1. Chillamkurthi Sreeramulu Naidu and others.. ..Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO AS No. 64/2002 JUDGMENT: (Per the Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) by the Land Acquisition Officer-cum-Revenue Divisional Officer, Bandar is filed questioning the enhancement of compensation made by the Subordinate Judge at Machilipatnam in OP No.69/1983 dt. 27- 12-1996. A draft notification under Sec.4(1) of the Act proposing to acquire an extent of Ac.0-83 cents of land or 4017 aq.yards in R.S.No.295/2 and 295-2B situate in Machilipatnam village of Bandar Taluk of Krishna District was published in the Gazette dt. 27-7-1981 by invoking urgency clause under Sec. 5-A of the Act, for the provision of cattle depot to Machilipatnam Municipality. The Land Acquisition Officer after complying with all formalities; after obtaining sales statistics preceding three years to issuance of notification and taking into consideration the sale effected under Document No.1834 dt. 10-7-1979 whereunder 80 sq.yards of land, which is situated at a distance of 220 sq.yards from the acquired land, was sold at Rs.32-50 per sq.yard, fixed the market value of the acquired land at Rs.25/- per sq.yard after deducting 1/4th from the said sale price by his award dt. 26-3-1983. The respondents- claimants having not satisfied with the fixation of market value sought for a reference under Sec. 18 of the Act to the Civil Court. On reference being made to the Civil Court, on behalf of the claimants, P.Ws.1 and 2 were examined and Exs.A-1 to A-5 were marked. On behalf of the referring officer, R.Ws.1 and 2 were examined and Exs.B-1 and B-2 were marked. Before the reference court, the claimants failed to file any registered sale deed to substantiate their plea that the market value of the acquired land was at Rs.200/- per sq.yard as on the date of notification. In that view of the matter, the reference court took into consideration the sale deed relied upon by the Land Acquisition Officer in his award dt. 26-3-1983, whereunder 80 sq.yards was sold at Rs.32-50 per sq.yard on 10-7-1979 and fixed the market value of the acquired land at Rs.32-50/- per sq.yard without any deduction towards roads, public amenities etc.,. No cross appeal has been filed by the claimants seeking further enhancement of the compensation awarded by the reference court. Admittedly, the land ad-measuring Ac.0-83 cents sought to be acquired was leased out to the Machilipatnam Municipality for providing cattle shed. When the entire land was put into use by the Municipality for the purpose for which it is leased out, the reference court felt that deduction made by the Land Acquisition officer is not at all warranted. The reasons so assigned while fixing the market value of the acquired land at Rs.32-50 per sq.yard, are cogent and convincing. Therefore, we do not see any merit in the appeal filed by the Land Acquisition Officer. The Appeal suit is accordingly dismissed. No costs. ___________________ A. GOPAL REDDY, J ________________ RAJA ELANGO,J Date:-2-6-2010 kmr .