HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO A.S.No.1014 of 2001 Dated: 02-06-2010 Between: The Land Acquisition Officer, Bodhan. Appellant AND Machaboina Gangaram (died) & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO A.S.No.1014 of 2001 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is directed against the orders of the Senior Civil Judge, Bodhan, dated 22.01.2000 made in O.P.No.28 of 1995. An extent of Ac.2.17 guntas of double crop wet land belonged to the claimants-respondents herein situated in Chincholi Village of Birkoor Mandal was acquired by Government for the purpose of providing house-sites to the weaker sections of the society on 16.3.1994 followed by publication of draft declaration on 18.3.1994. Possession of the land was taken on 8.6.1994. The Land Acquisition Officer after conducting enquiry, passed an award on 4.2.1995 fixing the market value of the acquired land at Rs.15,000/- per acre. The claimants having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimants appeared and filed claim statements before the reference Court claiming compensation at Rs.50/- per square yard. To prove the market value, the claimant No.4 apart from himself examining as P.W.1 got examined one more witness as P.W.2 and got marked Exs.A.1 to A.6. On behalf of the referring Officer, the Revenue Divisional Officer was examined as R.W.1 and the award copy was marked as Ex.B.1. On consideration of the evidence available on record, the reference Court basing on Ex.A.6 sale deed, dated 27.8.1983, fixed the market value at Rs.30,000/- per acre. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. As the appellant failed to comply with the conditional order passed by this Court, dated 23.6.2009 for taking steps to bring the legal representatives of deceased first respondent on record, the appeal as against the first respondent has been dismissed as abated. In effect, the fixation of the market value in respect of first respondent has become final. Further, even on merits, under Ex.A.6 sale deed, dated 27.8.1983, P.W.2 purchased Ac.0.05 guntas of land for Rs.3,800/- i.e. at the rate of Rs.30,400/- per acre. Further under item No.12 of the sale statistics, Ac.0.04 guntas of single crop wet land was sold at Rs.87,000/- per acre under a registered sale deed, dated 4.1.1992, which itself indicates the steep rise of prices in ten years gap. If, 10% escalation is added to the consideration under Ex.A.6, the market value of the acquired land works out to more than Rs.60,000/- per acre as on the date of issuance of notification under Section 4(1) of the Act. However, keeping in view of small extent of area covered by Ex.A.6 i.e. 1/8th in an acre, even if 50% is deducted, the market value still comes to Rs.30,000/- per acre. Therefore, the fixation of the market value by the reference Court at Rs.30,000/- per acre, in all probability, reflects the true market value for which, the claimants are entitled to. We see no merit in the appeal. The appeal fails and the same is accordingly dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ JUNE 02, 2010 RAJA ELANGO, J. Tsr.