JUDGMENT:

(Per Hon’ble Sri Justice Abhinand Kumar Shavili)

This appeal, under Section 54 of the Land Acquisition Act, 1894 (for short, ‘the Act’), is filed aggrieved by the order and decree, dated 14.06.2018, passed in L.A.O.P.No.2229 of 2011 by the learned III Additional Chief Judge, City Civil Court, Hyderabad (for short, ‘the reference Court’).

2. Heard Sri Shyam S. Agarwal, learned counsel for the appellant and the learned Government Pleader for Appeals appearing for the respondent.

3. The brief facts of the case are that on a requisition made by the Assistant City Planner, Circle-V, GHMC, Hyderabad, land admeasuring 67.88 Square Yards situated at Road No.36, Jubilee Hills, Hyderabad, belonging to the appellant, was acquired for the purpose of widening of Road No.36, Jubilee Hills. Notification under Section 4(1) of the Act was published on 22.04.2008. The Land Acquisition Officer, after conducting necessary enquiry, passed Award, dated 30.09.2008, fixing the market value for the subject land at Rs.26,146/- per Square Yard.

4. Not satisfied with the compensation awarded by the Land Acquisition Officer, the appellant sought reference under Section 18 of the Act and the same was numbered as L.A.O.P.No.2229 of 2011 on the file of the learned III Additional Chief Judge, City Civil Court, Hyderabad.

5. Before the reference Court, the appellant got himself examined as PW.1 and got marked Ex.P1. On behalf of the Land Acquisition Officer, RW.1 was examined, but no documents were marked.

6. The reference Court, considering the oral and documentary vide evidence on record, impugned order and decree, dated 14.06.2018, enhanced the market value of the subject land to Rs.35,944/- per Square Yard, besides granting 30% solatium on the enhanced market value and 12% additional amount from the date of notification till the date of Award along with interest. Not satisfied with the compensation awarded by the reference Court, the present appeal is filed by the appellant seeking enhancement of compensation.

7. Learned counsel for the appellant had contended that the land to an extent of 67.88 Square Yards situated at Road No.36 in Jubilee Hills area belonging to the appellant was acquired for the purpose of widening of Road No.36, Jubilee Hills, by invoking urgency clause. The Land Acquisition Officer has fixed the market value for the subject land at Rs.26,146/- per Square Yard and the reference Court has enhanced the market value to Rs.35,944/- per Square Yard by relying on the Sale Deed referred to by the Land Acquisition Officer.

8. Learned counsel for the appellant had further contended that before the reference Court, though the appellant has relied upon Ex.P1-Sale Deed, dated 04.02.2008, which is prior to issuance of notification under Section 4(1) of the Act, and the judgments of the Honourable Supreme Court in Sagunthala (Dead) through Lrs. v. Special Tahsildar (L.A.) and others1, Ahsanul Hoda v. State of

1 Civil Appeal Nos.6240-6243, 6244-6248 of 2001 and 495-504 of 2002

Bihar, [Civil Appeal No.5311 of 2012] and Sunder v. Union of India, [AIR 2001 Supreme Court 3516], the reference Court has not even dealt with the same in the entire judgment.

9. Learned counsel for the appellant had further contended that as per Ex.P1-Sale Deed, the value of the land in Road No.36 of Jubilee Hills is Rs.92,000/- per Square Yard and that the Land Acquisition Officer has also not taken note of the said Ex.P1, while passing the Award. The Land Acquisition Officer has referred only three sales alleged to have taken place in the vicinity of Road No.36. Neither the reference Court nor the Land Acquisition Officer has considered Ex.P1. Therefore, appropriate orders be passed in the appeal by setting aside the impugned order, dated 14.06.2018, for not relying on Ex.P1 and not awarding compensation in accordance with Ex.P1 and remit the matter to the reference Court for fresh consideration of the case of the appellant by duly taking into account Ex.P1 and the judgment