THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.308 OF 2005 DATED 20TH DECEMBER, 2010 BETWEEN The Land Acquisition Officer- Mandal Revenue Officer, Nandyal, Kurnool District. .… Appellant/ Respondent And B.Rama Moorthy … Respondent/ Claimant THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.308 OF 2005 JUDGMENT (Per SK,J) By Order and Decree dated 07.11.2003, the Principal Senior Civil Judge, Nandyal, in a reference under Section 18 of the Land Acquisition Act, 1894 (for brevity, ‘the Act of 1894’) in O.P.No.53 of 1993, enhanced the compensation from Rs.40,000/- per acre to Rs.75,000/- per acre. Aggrieved thereby, the Land Acquisition Officer- cum-Mandal Revenue Officer, Nandyal, Kurnool District, is in appeal. The land admeasuring Ac.1.00 cents situated at Kothapalle, Nandyal Mandal, Kurnool District, belonging to the respondent was acquired for the benefit of Billapuram Village Harijans. The draft notification under Section 4(1) of the Act of 1894 was published on 29.11.1989. The Land Acquisition Officer, upon due enquiry, fixed the market value of the acquired land at Rs.40,000/- per acre. The respondent sought reference under Section 18 of the Act of 1894 claiming Rs.1,00,000/- per acre. The Court below, on consideration of the comparable sales under Exs.B.1 to B.4, held that the acquired land had latent potential for house sites as it was situated close to the village and was at a distance of 1½ K.Ms. from Nandyal Municipal Corporation limits. This aspect was completely lost sight of by the Land Acquisition Officer who relied upon the basic valuation register for calculating the market value. The reference Court worked out the value of the land on the basis of the comparable sales at Rs.1,00,000/- per acre. However, as the land acquired had not been developed for the purpose of house sites, the Court below effected deductions at the rate of 25% and fixed the market value at Rs.75,000/- per acre. The approach adopted by the Land Acquisition Officer in relying upon the basic valuation register is untenable in the light of the law laid down by this Court in CHODA DHARAMPAL REDDY V/s. REVENUE DIVISIONAL OFFICER, NALGONDA DISTRICT[1]. As Exs.B.1 to B.4 accepted by the Court below to be comparable sales reflected sale consideration at the rate of Rs.1,00,000/- per acre and the Court below acting upon the same also effected deductions at 25% towards development charges, we see no illegality in the Order under challenge warranting appellate interference. The Appeal is accordingly dismissed. There shall be no order as to costs. _______________________ GODA RAGHURAM, J. ____________________ SANJAY KUMAR, J. 20TH DECEMBER, 2010. PGS [1] 1998 (1) ALD 261 (DB)