THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.353 of 1999 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) The appellant, who is the Tahsildar, Nandikotkur, filed this appeal aggrieved by the order, dated 12-09-1996, passed by the Subordinate Judge, Nandikotkur. The land of the respondent-claimant to an extent of Ac.2-6 cents in Sy.No.142/1 situated at P.Lingapuram village, was acquired for the purpose of providing house sites to the backward class, pursuant to 4(1) Notification, dated 29-08-1981, and the Land Acquisition Officer passed an award No.5/82, dated 19-03-1982, fixing the market value @ Rs.3,500/- per acre. The respondent-claimant not being satisfied with the said compensation, sought for reference under Section 18 of the Land Acquisition Act. On reference, the Reference Court, basing on the oral and documentary evidence, enhanced compensation from Rs.3,500/- per acre to Rs.7,000/- per acre. Aggrieved by the same, the present appeal is filed contending that enhancement of compensation from Rs.3,500/- per acre to Rs.7,000/- per acre is without any basis. We have perused the impugned order of the Reference Court. The claimant himself was examined as RW.1 and contended that RW.2 sold the land to an extent of Ac.1-55 cents in Sy.No.143 for a sum of Rs.13,400/- vide Ex.X-1, sale deed, dated 05-11-1979, and RW.3 purchased the land to an extent of 60 cents vide Ex.X-2 sale deed, dated 01-06-1987, for a sum of Rs.12,540/-. Admittedly, Ex.X-2 is posterior to 4(1) Notification, whereas Ex.X-1 was prior to 4(1) Notification and, therefore, the Reference Court rightly discarded Ex.X- 2 and taken into consideration Ex.X-1, as the land in Sy.No.143 to an extent of Ac.1-55 cents of the same village was sold for a sum of Rs.13,400/-, which works out to more than Rs.8,000/- per acre, and the said transaction is two years prior to 4(1) Notification and that the land covered by Ex.X-1-sale deed is abutting to the land in question. Therefore, we are of the opinion that the Reference Court had rightly enhanced the market value from Rs.3,500/- per acre to Rs.7,000/- per acre, which cannot be said to be excessive or illegal. Therefore, the appeal is devoid of merits and the same is liable to be dismissed. Accordingly, the appeal is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _______________ NOUSHAD ALI, J Date: 07-10-2010 Prv