THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.18 of 1998 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) Though the appeal is of the year 1998, still the appellant failed to take out notice to the respondent for want of correct and detail address. However, we deem it appropriate to dispose of the appeal on merits. This appeal is preferred by the appellant-Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) aggrieved by the judgment and decree, dated 12- 08-1994, passed in O.P.No.36 1993 on the file of the Subordinate Judge, Nagarkurnool, enhancing compensation for the acquired land of the respondent-claimant to an extent of Ac.5-15 gts., in Sy.No.74/1 situated at Mahadevpur village, Balmoor Mandal, Mahabubnagar District, from Rs.5,000/- per acre to Rs.10,000/- per acre, on the ground that there is no material before the Reference Court about the potentiality and the value of the land acquired and the Reference Court erred in comparing the land in question with the land covered by sale in item No.29 of Ex.B-1, award proceedings, dated 16-10-1986. We have perused the impugned judgment. The Reference Court, though refused to place reliance on Ex.A-2-order in O.P.No.45 of 87, dated 28-02-1989, wherein the land, which is neighbouring village 2 kilometres away from the acquired land, was acquired, placed reliance on Sl.No.29 of Ex.B-1, award proceedings, dated 16- 10-1986. We are of the opinion that though the claimant has established potentiality and value of the land and also filed Ex.A-2 award in respect of acquisition of the land in neighbouring village, the Reference Court relied on item No.29 of sale item referred by the Land Acquisition Officer himself. Therefore, it cannot be said that enhancement of compensation from Rs.5,000/- per acre to Rs.10,000/- per acre in respect of the acquired land, is excessive or without any material. 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: 20-09-2010 Prv