HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE K.S. APPA RAO A.S.No. 1851 of 1998 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) The Special Deputy Collector (Land Acquisition) filed this appeal against the order dated 17-04-1998 passed in O.P.No.780 of 1996 on the file of the III Additional District Judge, Visakhapatnam, whereunder the compensation awarded by the Land Acquisition Officer was enhanced from Rs.161-46 ps per square yard to Rs.180/- per square yard. 2. The brief facts of the case are that the land of the claimant to an extent of 578.5/9 square yards situated in Allipuram village, Visakhapatnam Municipality, was acquired by the government through the notification dated 23-05-1984 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), for the purpose of widening of Allipuram main road. After due enquiry, the Land Acquisition Officer passed Award No.1 of 1987 dated 06-01-1986, fixing the compensation for the acquired lands at Rs.161-46 ps per square yard. The claimant, being not satisfied with the quantum of compensation fixed by the Land Acquisition Officer, sought for reference of the matter to the Civil Court, and accordingly, the matter was referred to the Reference Court.. 3. During the course of enquiry before the Reference Court, on behalf of the claimant, PW.1 was examined and Exs.A-1 to A-3 were got marked. On behalf of the Land Acquisition Officer, no oral or documentary evidence was adduced. 4. After considering the entire material on record, the Reference Court, through the impugned order, dated 17-04-1998 enhanced the compensation awarded by the Land Acquisition Officer from Rs.161-46 ps to Rs.180/- per square yard. Aggrieved by the same, the present appeal is filed. 5. The learned Government Pleader for Appeals contended that the Reference Court wrongly enhanced the compensation without any evidence, and therefore, the order of the Reference Court cannot be sustained and it is liable to be set aside. 6. The learned counsel appearing for the respondent- claimant, while supporting the order of the Reference Court, sought for dismissal of the appeal. 7. Admittedly, the Land Acquisition Officer considered four sale deeds covered by Item Nos.15 to 18 of the Award, the lands of which are situated in the same Sy.No.1176, and which transactions took place on 31-12-1981 i.e., about three and half years prior to the issuance of the notification under Section 4(1) of the Act, and basing on the same, fixed the compensation at Rs.161-46 ps per square yard. The Reference Court has taken into consideration the sale transactions, which were referred in the award, and keeping in view the importance and potentiality of the location of the land, which is situated in the centre of the Visakhapatnam municipal corporation, and as there is a escalation in the prices of the lands as reflected in Ex.A-2, though the claimants have claimed the compensation of Rs.1,000/- per square yard, the compensation of Rs.180/- per square yard was awarded which, in our view, is quite just and reasonable. Therefore, we see no grounds to interfere with the order passed by the Reference Court. 8. Accordingly, the appeal is dismissed confirming the order passed by the Reference Court. No order as to costs. _______________ V. ESWARAIAH, J _______________ K.S. APPA RAO, J Date: 29-11-2011 YCR