HON'BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE G.V. SEETHAPATHY A.S.No. 1354 of 1999 J U D G M E N T : (per 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, Hyderabad Urban Development Authority, Hyderabad, is directed against the Award dated 22.01.1999 in O.P.No. 230 of 1987 on the file of the II Additional Senior Civil Judge, Ranga Reddy District at Saroornagar, Hyderabad. The land in an extent of Ac.3.22 guntas situate in Survey Nos. 44 to 48, Bairamalguda Village belonging to the respondents- claimants was acquired by the Government, for the purpose of formation of Inner Ring Road, by issuing a notification under Section 4(1) of the Act, dated 24.12.1983 and the possession of the land was taken by them. The Land Acquisition Officer, after completing all formalities, through Award No. 12 of 1986, dated 22.09.1986 fixed the market value for the acquired land at the rate of Rs.10/- per square yard and after deducting one-third thereof towards development charges, fixed the compensation at Rs.6.67 ps. Dissatisfied with the compensation awarded by the Land Acquisition Officer, the claimants sought for a reference to the civil Court under Section 18 of the Act and accordingly, the matter was referred to the civil Court. The claimants appeared before the civil Court and filed claim statements. In order to prove the market value of the acquired land prevalent on the date of notification, one of the claimants examined himself as P.W.1 and P.W.2 was also examined and Ex.A1 – certified copy of the sale deed was marked. On behalf of the Referring Officer, R.W.1 was examined and no documents were marked. The Reference Court, after taking into consideration two sale deeds relied on by the Land Acquisition Officer, fixed the market value at Rs.30/- per square yard and after deducting one-third towards development charges, enhanced the compensation to Rs.20/- per square yard. Alleging that the enhancement is exorbitant and without any basis, the Land Acquisition Officer filed the present Appeal. Heard the learned counsel for both the parties. Ex.A1 sale deed dated 30.06.1982 was executed by one Sri Bomma Reddy Veera Reddy in favour of Sri Dorai Swamy, for an extent of 285 square yards in Survey No. 60 of Karmangat Village, for a total consideration of Rs.21,375/-, which works out to Rs.75/- per square yard. From the said sale deed, it is evident that the value of the lands in Karmanghat Village is more than the value fixed by the Land Acquisition Officer. P.W.2 was also examined to prove the said document. The Land Acquisition Officer has taken into consideration the lands situated in Karmanghat Village for fixing the market value for the lands in Bairamulguda Village. The claimants contended that the value of the acquired land is more than Rs.150/- per square yard. However, except Ex.A1 sale deed, which shows the value of the land at Rs.75/- per square yard, the claimants have not filed any piece of document to prove their contention. In the circumstances, the reference Court has taken into consideration the documents relied on by the Land Acquisition Officer, whereunder Rs.30/- per square yard was fixed, and held that the claimants are entitled to Rs.30/- per square yard. Though the learned counsel for the Land Acquisition Officer contended that the valuation may be fixed on acerage basis, the same cannot be accepted. Therefore, the reference Court after deducting one-third towards development charges, has rightly awarded the compensation at Rs.20/- per square yard which is far below the value shown in Ex.A1 sale deed. In view of the same, we do not see any merit in this Appeal and it is accordingly dismissed. No costs. ------------------------- (A. GOPAL REDDY,J) ---- -------------------------- (G.V. SEETHAPATHY, J) 3rd March 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR}