HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE K.S. APPA RAO A.S.No. 1578 of 1998 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) The Land Acquisition Officer filed this Appeal aggrieved by the order, dated 19-12-1997 passed in O.P.No.124 of 1985 on the file of the II Additional Subordinate Judge at Warangal. 2. The brief facts of the case are that the land of the claimants to an extent of 203.6 square yards along with three houses situated in Hanamkonda Chowrastha, was acquired for the purpose of widening the existing road through the notification dated 08-11-1983 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). The Land Acquisition Officer, after due enquiry, passed the award fixing the market value of the acquired land at Rs.200/- per square yard. He also fixed the compensation for the houses bearing Nos.3-3-1 and 3-3-2 at Rs.5,000/- each and for the house bearing No.3-3-197 at Rs.24,250/-. The claimants, being not satisfied with the value fixed by the Land Acquisition Officer, sought for reference of the matter to the Civil Court under Section 18 of the Act. Accordingly, the matter was referred to the Reference Court. 3. During the course of enquiry before the Reference Court, on behalf of the claimants, PWs.1 to 5 were examined and Exs.A-1 and A- 10 were got marked. On behalf of the Land Acquisition Officer, RW-1 was examined and Exs.B-1 to B-6 were got marked. 4. The Reference Court, after considering the material on record, answered the Reference through the impugned order fixing the market value of the acquired land at Rs.1,125/- per square yard, however confirmed the compensation granted for the houses by the Land Acquisition Officer. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. 5. The learned Government Pleader, while placing reliance on Exs.B-5 and B-6, registered documents, contended that the market value fixed by the Reference Court is excessive and it is liable to be reduced. 6. On the other hand, the learned counsel appearing for the claimants-respondents supported the order of the Reference Court and sought for dismissal of the appeal. 7. Exs.B-5 and B-6 filed on behalf of the Land Acquisition Officer shows that the land located in the vicinity of the acquired land was sold for Rs.150/- and Rs.133/- per square yard respectively. But, none were examined to prove those documents and it was not established that the land covered by those documents is abutting the main road. Admittedly, the present acquired land is abutting the main road. Obviously, the houses/land abutting the main road will have commercial value and there will be vast difference between land situated abutting the main road and the land away from the main road. Therefore, the said documents in Exs.B-5 and B-6 cannot be taken into account, while fixing the market value of the acquired lands abutting the main road. 8. The Reference Court placed reliance on Ex.A-2, sale deed, under which 16 square yards along with an old house was sold for a sum of Rs.30,000/-, out of which the old house was valued at Rs.10,000/- and land of 16 square yards was valued at Rs.20,000/-, which comes to Rs.1,250/- per square yard, and after deducting 10% of the same, the value of the acquired land was fixed at Rs.1,125/- per square yard. 9. Hanumakonda and Warangal are the twin cities. Admittedly the acquisition is for the purpose of widening of the road and the acquired land is abutting the main road at the Chowrastha of Hanumakonda, which, no doubt, will have commercial value, and therefore, we are of the opinion that the market value fixed by the Reference Court for the acquired land at Rs.1,125/- per square yard is just and reasonable and there are no grounds to interfere with the same. 10. Accordingly, the appeal is dismissed. No costs. _______________ V. ESWARAIAH, J _______________ K.S. APPA RAO, J Date: 01-12-2011 YCR