THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE RAJA ELANGO A.S.No.3719 OF 2000 ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) Aggrieved by the enhancement of compensation made by the Senior Civil Judge, Machilipatnam, vide order, dated 9.06.1998 in L.A.O.P.No.17 of 1987, the Revenue Divisional Officer-cum-Land Acquisition Officer, Machilipatnam preferred this appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’). Heard learned Government Pleader for Appeals. None appears for the respondent/claimant. Admittedly, an extent of Ac.26.21961 sq. fts., land including the land covered by the present O.P., situated in the village of Bandar and Machavaram, was acquired by the Government for A.P. State Housing Board for providing house sites to general public of Machilipatnam municipality of Bandar taluk. Draft notification under Section 4 (1) of the Act and draft declaration under Section 6 of the Act, were published in the A.P. Gazette on 20.04.1981 and 23.04.1981 respectively. The Land Acquisition Officer, after following due procedure, passed Award No.2 of 1984 dated 3.01.1984 fixing the market value of the acquired land at Rs.13/- per sq. yd. Dissatisfied with the fixation of market value, the respondent/claimant sought for reference to the civil Court under Section 18 of the Act for an extent of 1.1307 sq. fts and 4895 sq. fts respectively, claiming compensation at Rs.100/- per sq. yd. On reference being made, on behalf of the claimant PWs.1 to 3 were examined and Exs.A.1 to A.5 were marked and on behalf of the referring officer RW.1 was examined and Exs.B.1 to B.4 were marked. The learned Government Pleader while opposing the claim of the claimant requested the lower Court to fix the market value of the acquired land at Rs.18/- per sq. yd. as was fixed by it earlier in respect of the land covered by Award No.2/84 under the similar notification in O.P.No.124 of 1984 dated 14.10.1986. Since the claimant failed to discharge the burden for enhancement of compensation at Rs.100/- per sq. yd., as claimed by her, the reference Court after relying upon the earlier award passed by it in O.P.N.124 of 1984, fixed the market value of the acquired land at Rs.18/- per sq. yd. with all statutory benefits. In that view of the matter, the Land Acquisition Officer ought not to have preferred this appeal when he has not preferred any appeal against the enhancement made in O.P.No.124 of 1984 in which the lands were acquired under the same notification. Therefore, we do not see any illegality in fixing the market value warranting interference of this Court. Accordingly, the Appeal is dismissed. No costs. ___________________ (A.GOPAL REDDY, J.) _______________ (RAJA ELANGO, J.) 1st June, 2010 Js.