THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.857 OF 2005 DATED 21st DECEMBER, 2010 BETWEEN: Katta Madhusudhan … Appellant/Claimant a n d Land Acquisition Officer-cum- Mandal Revenue Officer, Vikarabad, Ranga Reddy District. … Respondent/Referring Officer THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.857 OF 2005 J U D G M E N T (Per Sri Justice Sanjay Kumar) Dissatisfied with the enhancement of compensation effected by the reference Court of the Senior Civil Judge, Vikarabad, Ranga Reddy District, by Order and Decree dated 29.03.2005 in O.P.No.25 of 1997, the claimant is in appeal before this Court claiming Rs.30,000/- per acre. The appellant’s land admeasuring Ac.1-10 guntas situated at Karankote Village, Tandur Mandal, Ranga Reddy District, was acquired for weir obstruction removal and a spoil bank. The draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act of 1894’) was published on 13.09.1996. Upon due enquiry, the Land Acquisition Officer fixed the market value of the land at Rs.12,000/- per acre. Having received the said compensation under protest, the appellant sought reference under Section 18 of the Act of 1894 claiming Rs.70,000/- per acre. The appellant examined himself as P.W.1 and stated that his land was situated at a distance of one kilometre from a cement factory and that there were mines nearby. He claimed that he got a net income of Rs.25,000/- to Rs.30,000/- per acre from the said land by raising red gram, jowar and other dry crops. He placed reliance on Ex.A.1 sale deed dated 22.03.1995 and examined the vendor therein as P.W.2. P.Ws.1 and 2 however admitted that the acquired land was situated at a distance of one kilo meter from the land which was the subject matter of Ex.A.1 sale deed. The sale consideration recorded in the sale deed put the market value of the land at Rs.32,000/- per acre. There was thus no evidence to support the claim of the appellant that the land value was Rs.70,000/- per acre. As the sale transaction relied upon was not with regard to comparable land, the reference Court had practically no material before it to effect any enhancement. The reference Court was therefore of the opinion that the market value determined by the Land Acquisition Officer could be taken into account but giving some margin. The reference Court accordingly fixed the market value at Rs.15,000/- per acre as against the value of Rs.12,000/- per acre fixed by the Land Acquisition Officer. It is contended on behalf of the appellant that the reference Court ought to have taken into account the income yielded by the land as claimed by the appellant in his deposition. However, the learned counsel for the appellant conceded that there was no material placed on record in support of the appellant’s claim that he used to get the net income of Rs.25,000/- to Rs.30,000/- per acre. In the absence of material to support this plea, we find no error in the process adopted by the reference Court to determine the market value of the land. The appeal is accordingly dismissed. There shall be no order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J 21st DECEMBER, 2010 PGS