THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.2 of 1994 JUDGMENT: (per the Hon’ble Sri Justice Noushad Ali) This appeal is filed by the Land Acquisition Officer aggrieved by the order in O.P.No.117 of 1988, dated 31-03-1992 on the file of the Additional District Judge, Nizamabad (for short “the Reference Court), wherein on a reference under Section 18 of the Land Acquisition Act, 1894 (for short “the Act”) compensation in respect of the land of the respondents was enhanced @ Rs.5/- per sq. yard, which works out to Rs.24,200/- per acre with 1/4th deduction. Pursuant to the Notification, dated 04-08-1986, issued under Section 4(1) of the Act, an extent of Ac.1-10 gts., in Sy.No.610 situated at Sadashivanagar was acquired for the purpose of house sites. After enquiry, award No.A1/2995/85, dated 14-02-1987, was passed fixing compensation @ Rs.5,500/- per acre. Since the claimant was not satisfied with the said compensation, a reference was sought and accordingly, reference was registered as O.P.No.117 of 1988. The claimant filed a claim statement seeking compensation @ Rs.30,000/- per acre along with other statutory benefits. It was contended before the Reference Court that the land was wet land. The claimant examined himself as PW.1 and marked Exs.A-1 to A-8. No evidence was adduced by the Land Acquisition Officer. The Reference Court, on consideration of Exs.A-1 to A-6 pahanies for the years 1984-85 to 1989-90, Ex.A-7-certified copy of judgment in O.P.No.250 of 86, dated 30-11-90 and Ex.A-8-certified copy of judgment in O.P.No.294 of 86, datd 06-11-1990, declined to accept Exs.A-7 and A-8. However, on noticing the award in O.P.No.241 of 85, which relates to acquisition of land in Thimmajiwadi village of Sadashivanagar Mandal, which is admittedly an interior village, fixed the market value at Rs.5/- per sq. yard. It may be noted that the land acquired in the present case is in Sy.No.610 of Sadashivanagar. Admittedly, Sadashivanagar is Mandal head quarters, which is situated on N.H.No.7, whereas the land, which was the subject matter of O.P.No.241 of 85, is situated in an interior village. Despite the same, the Reference Court fixed the same value in respect of the land in this case also. Be that as it may, even the said compensation was enhanced on the consent of the learned Government Pleader appearing for the appellant-Land Acquisition Officer, who is the appellant herein. The Reference Court accepted the consent with 1/4th deduction and fixed the market value accordingly. Having regard to the fact that the said enhancement is not only based on the earlier award and also on the consent on behalf of the appellant-Land Acquisition Officer, we deem it appropriate not to interfere with the impugned order passed by the Reference Court. 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: 18-08-2010 Prv