HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2945 of 1999 JUDGMENT (Per Hon’ble Sri Justice A. Gopal Reddy): This appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) has been preferred by the Revenue Divisional Officer-cum-Land Acquisition Officer, Vizianagaram against the order dated 30.08.1999, passed by the Senior Civil Judge, Vizianagaram in O.P.No.166 of 1988. An extent of Acs.10.07 cents of land belonging to the respondents/claimants situated in Survey Nos.70, 71 and 72 of Garividi Village was acquired by the Government for installation of 220/132 K.V.Sub-Station and Quarters for maintenance of staff, by issuing a draft notification under Section 4(1) of the Act on 04.03.1986 and publishing the same in the News paper on 30.04.1986. The land was taken possession and handed over to the requisition department on 06.02.1986 i.e., prior to the issuance of notification. The Land Acquisition Officer, after conducting due enquiry, passed an award fixing the compensation of the acquired land at Rs.12,000/- per acre, as against the claim of the claimants at Rs.1,00,000/- per acre. Being not satisfied with the compensation awarded, the claimants sought for reference under Section 18 of the Act for due determination of the compensation payable for the land acquired. On reference being made, the first claimant appeared before the reference Court and filed his claim statement and the same has been adopted by the other claimants except claimant No.12 and he remained ex parte. To prove the market value, on behalf of the claimants R.Ws.1 to 4 were examined and Exs.B.1 to B.3 were marked. On behalf of the Referring Officer, though the Senior Assistant in the R.D.O Office, Vizianagaram was examined as P.W.1, no documents were marked. The Court below, after considering the entire material available on record and taking into consideration Exs.B.1 to B.3-sale deeds, enhanced the market value of the acquired land from Rs.12,000/- per acre to Rs.25,000/- per acre. Heard the learned Government Pleader for Land Acquisition and perused the record. The fourth claimant, who was examined as R.W.1, deposed that the acquired land is dry land and it is adjacent to the National High Way leads from Palakonda to Vizianagaram and situated in Patha Garividi Village and it is very near to Garividi Village; that there is a factory ‘FACOR’ which was established at about 40 years back and it is at a distance of one furlong to the acquired land; that there is a rice mill and oil mill at a distace of 200 to 300 yards to the acquired lands; that there are lay-out plots opposite to the acquired land made in 1985 and that he used to raise commercial crops like ‘gogu’ and ‘groundnuts’ in the acquired land before acquisition and used to get an income of Rs.6000/- per year, after excluding the expenditure incurred thereon. R.W.2 deposed that under Ex.B.1-sale deed dated 18.11.1985 himself and his father sold away 298 square yards of site to one Sri Amara Rammohana Rao @ Rs.15/- per square yard. He also deposed that the acquired land is very nearer to the land covered by Ex.B.1-sale deed and there is no fencing intervening between the said lands. He further deposed that the acquired land and the land covered by Ex.B.1 are in same line and adjoining to the road, which leads from Palakonda to Vizianagaram and that the purchaser under the original of Ex.B.1 also got constructed a house thereon. R.W.3 deposed that he sold away 436 square yards of site to one Ramulamma for Rs.7,000/- i.e., @ Rs.16/- per square yard under Ex.B.2-sale deed dated 20.12.1985; that the land covered by Ex.B.2 is at a distance of 100 yards to the acquired land; and that both the lands are adjoining to National High Way road, which leads from Palakonda to Vizianagaram, and that there are nearly seven or eight residential houses by the date of selling the land under Ex.B.2. R.W.4 deposed that he sold away 250 square yards of site for Rs.10,000/- i.e., @ Rs.40/- per square yard to one Devananda Malik under Ex.B.3-sale deed dated 17.10.1988, which is post notification sale deed. In the circumstances, Exs.B.1 and B.2 can be taken as comparable sale for fixation of the market value, after giving deductions towards lay out process. Even if 1/3rd is deducted towards lay out process, the market value can be fixed at Rs.48,000/- per acre. In view of the same, fixation of the market value @ Rs.25,000/- per acre by the reference Court is less than the market value as on the date of issuance of notification. Hence, we do not see any merit in this appeal and the same is liable to be dismissed. Further, we have noticed that the appellant failed to comply with the order dated 25.04.2006 passed by this Court for taking out notices to respondents 1 to 4, 7 to 10, 16 to 18 and 20 to 22. Therefore, notices were sent to them through the Court below. The notices sent to respondents 1, 2, 4, 7 to 10, 18 and 22 were served, but the notices could not be served on respondents 3, 17 and 21 since they died. However, no steps have been taken to bring their legal representatives on record. Therefore, the appeal stands abated against respondents 3, 17 and 21. The appeal is accordingly dismissed against the remaining respondents. There shall be no order as to costs. ________________________ JUSTICE A.GOPAL REDDY ______________________ JUSTICE G.V.SEETHAPATHY Date: 13.04.2010 va