HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1266 OF 1999 Dated: 02-03-2010 Between: The Land Acquisition Officer, Revenue Divisional Officer, Nizamabad. Appellant AND Abdul Shukur Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1266 OF 1999 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal is preferred by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘Act’) questioning the enhancement of compensation made by the Additional District Judge, Nizamabad in O.P.No.230 of 1986, dated 09.08.1991 from Rs.6,250/- per acre to Rs.10/- per sq.yd. An extent of Ac.0.10 gts. of dry land in Sy.No.249/2 belonging to the claimant-respondent herein situated at Arsapally village, Nizamabad was acquired by Government for the purpose of construction of road leading to Micro-Wave Station by issuing draft notification under Section 4(1) of the Act, which was published in the Gazette on 30.6.1982. The Land Acquisition Officer, after conducting due enquiry and after obtaining necessary sale statistics, passed an award fixing the market value of the acquired land at Rs.6,250/- per acre. The claimant having not satisfied with the fixation of the market value, filed application under Section 18 of the Act for referring the matter to the civil Court for due determination of the market value of the acquired land. On reference being made, the claimant appeared before the reference Court and filed claim statement claiming compensation at the rate of Rs.200/- per sq.yd. In order to substantiate the market value of the acquired land, the G.P.A. holder of claimant was examined as P.W.1 and Exs.A.1 to A.5 were marked. Except marking copy of the award under Ex.B.1, no oral evidence has been adduced by the Land Acquisition Officer. The reference Court while fixing the compensation for the acquired land, based on the earlier order passed in O.P.No.968 of 1977, dated 4.7.1978, marked as Ex.A.5, whereunder in respect of the land of the very same village which is in close proximity to the Nizamabad town and within the municipal limits, compensation was fixed at Rs.10/- per sq.yd.. Though the claimant relied on Exs.A.2-sale deed and Ex.A.4-C.C. of order in O.P.No.245 of 1987, dated 11.12.1990, they were not rightly taken into consideration by the reference Court holding that the transaction covered by Ex.A.2 is smaller extent and the land acquired under Ex.A.4 is situated in developed area. As the present acquired land is on the approach road leading to Dairy Development Corporation from the National High Way No.7 and that as the distance between the N.H.No.7 and the acquired land is about one furlong, by the impugned order, the reference Court fixed the market value at Rs.10/- per sq.yd. Therefore, the fixation of the market value by the reference Court basing on previous order made in O.P.No.968 of 1977 marked as Ex.A.5, cannot be said to be unreasonable inasmuch as the land covered by Ex.A.5 is only one furlong away from the acquired land. We see no merits in the appeal. Accordingly, the appeal is dismissed confirming the fixation of the market value by the reference Court. There shall be no order as to costs. ________________ A. GOPAL REDDY, J. __________________ MARCH 02, 2010 G.V. SEETHAPATHY, J. Tsr.