IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY C.C.C.A.No.19 of 1999 Between: The Special Deputy Collector and Land Acquisition Officer, Hyderabad. … Petitioner And V.Narasimharao. … Respondent This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE G.V.SEETHAPATHY C.C.C.A.No.19 of 1999 JUDGMENT: - (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer, under Section 54 of the Land Acquisition Act, 1894 (for brevity, “the Act”), is directed against the order of I Senior Civil Judge, City Civil Court, Hyderabad, dated 18.09.1998 passed in O.P.No.172 of 1988. An extent of 95.66 sq.yds of land belonged to the claimant was acquired for the purpose of widening of road at Himayatnagar, by publishing draft notification under Section 4(1) of the Act in the Gazette on 21.01.1986. After following the due formalities, the Land Acquisition Officer by his award, dated 20.01.1986 fixed the market value of the acquired land at Rs.80/- per sq.yd., with all statutory benefits. Dissatisfied with the said fixation, the claimant sought for reference under Section 18 of the Act to the civil Court, which was later numbered as O.P.No.172 of 1998. The claimant appeared and filed claim statement claiming compensation at Rs.2,000/- per sq.yd., Rs.25,000/- towards damages for deprivation of the ventilation and easement, and also Rs.75,000/- on account of the loss caused to the separate commercial structure of 30.66 sq.yds., to which the Land Acquisition Officer filed counter opposing the claim. To prove the market value of the acquired land, P.Ws.1 to 4 were examined and Exs.A1 to A24 were marked. On behalf of Land Acquisition Officer, R.W.1 was examined and Exs.B1 to B3 were marked. Apart from the same, Ex.X1-valuation report was also marked. The reference court after taking into consideration the sale deeds -- Exs.A20 and A22, which are eight years post notification sale deeds after the acquisition and Exs.A3, A6 and A9 -- letters, wherein during the relevant period the Officials of the Municipal Corporation, on negotiations, offered the rate at Rs.130/- per sq.yd for the acquired land, fixed the market value of the acquired land at Rs.130/- per sq.yd. It is well settled that the consent awards passed, as agreed between the parties, reflect the market value of the acquired land for the relevant period of all the neighbouring landowners, that were acquired for the very same purpose. When the Municipal Corporation itself offered Rs.130/- per sq.yd., for the acquired land, without awarding any compensation for the structures, which appears to be reasonable compensation, the claimant is also entitled to the same. Further, the Land Acquisition Officer has not taken any steps to get the respondents served, even after 11 years of filing of this appeal. We see no merit in the appeal. Accordingly, the appeal suit is dismissed. No order as to costs. __________________ A.GOPAL REDDY, J ____________________ G.V.SEETHAPATHY, J 15.03.2010 lmv