HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY JUDGMENT: (per Hon’ble Sri Justice Laxmi Narayana Alishetty)

Heard learned Assistant Government Pleader for Appeals, appearing for the appellant-Land Acquisition Officer and Sri Sunil B.Ganu, learned senior counsel appearing for Sri Pavuluri Sreenivasulu, learned counsel for the respondents/claimants.

2. This appeal, under Section 54 of the Land Acquisition Act, 1894, (for short ‘the Act’) is filed by the Land Acquisition Officer aggrieved by the order and decree dated 11.08.2010 passed in LAOP.No.36 of 2002 on the file of the I Senior Civil Judge, City Civil Court, Hyderabad (hereinafter referred to as “the Reference Court’).

3. In nut-shell, the facts of the case are that on a requisition made by the Project Director, MRTS and Additonal Commissioner (T & T) MCH, lands admeasuring Ac.0.35 guntas, equivalent to 4,235 square yards, in Sy.Nos.43, 44 and 54 of Fatehnagar Village, Balanagar Mandal, Ranga Reddy District, which includes the lands belonging to the claimants, were acquired for the purpose of development of Railway Station under MRTS Project; that draft notification under Section 4(1) of the Act and draft declaration under Section 6 of the Act were published in A.P. Gazette on 11.04.2002 and 12.04.2002 respectively; that after following the procedure prescribed under the Act and after conducting enquiry, the Land Acquisition Officer passed Award No.E/923/2001, dated 20.06.2002, fixing the market value of the acquired lands @ Rs.1,050/- per square yard.

4. The claimants received the compensation awarded by the Land Acquisition Officer under protest and sought reference under Section 18 of the Act and the same was referred to the competent civil Court and numbered as L.A.O.P.No.36 of 2002 on the file of the Reference Court.

5. Before the Reference Court, on behalf of the claimants, P.Ws.1 and 2 were examined and Exs.A-1 to A-10 were marked and on behalf of the Referring Officer, D.W.1 was examined and Exs.B-1 to B-10 were marked.

6. On due appreciation of oral and documentary evidence available on record, the Reference Court enhanced the market value of the acquired land from Rs.1,050/- to Rs.6,300/- per square yard, apart from granting other statutory benefits under the Act, viz., additional market value, solatium and interest on the enhanced market value. Aggrieved by the enhancement of the market value of the acquired lands, the present appeal is filed by the Land Acquisition Officer.

7. Learned Assistant Government Pleader contended that the Reference Court erred in appreciating the evidence adduced on behalf of the Referring Officer in correct perspective; that the Reference Court erred in taking into consideration Ex.A-10-sale deed, whereunder a meager extent i.e., 1 square yard of land was sold and further, erred in adopting the said sale deed for fixing the market value of the acquired lands; and that the Reference Court erred in taking into account the Valuation Register and thereby, enhancing the market value of the acquired lands though the claimants failed to prove their claim by filing admissible evidence.

By contending thus, he prayed to allow this Appeal.

8. Per contra, learned senior counsel appearing for the respondents/claimants contended that the Reference Court has enhanced the market value of the subject acquired lands by appreciating the evidence on record in a proper perspective; that the land covered by the sale deed adopted by the Land Acquisition Officer is situated 4 ½ kms away from the acquired land and as such, the said sale deed ought not to have been adopted by the Land Acquisition Officer, which was rightly observed by the Reference Court. He further contended that Exs.A-9 and A-10 are sale deeds in respect of lands situated at a distance of about 2 kms and 1.4 kms, respectively, from the subject acquired lands, therefore, the market value reflected therein is rightly taken as yardstick for determining th