IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTIETH NINETH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. Nos. 1604 & 2195 OF 2001 Between: The Land Acquisition Officer, Revenue Divisional Officer, Mancherial Appellant in both the appeals AND Nalla Pochammallu and others Respondents in AS No. 11604 of 2001 Surmilla Lasmaiah (died) and others Respondent in AS No. 2195 of 2001 The Court made the following : COMMON JUDGMENT: (per THE HON’BLE SRI JUSTICE V.ESWARAIAH) These appeals are preferred by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short the Act) questioning the orders and decrees dated 16.2.2001 passed by the learned Senior Civil Judge, Asifabad, Adilabad District in O.P. No.55 and 35 of 1991 respectively. The subject matter of the appeal in AS No. 1604 of 2001 is the land to an extent of Ac.2.28 in Sy.No.62, Ac.4.05 guntas in Sy. No.69 Ac.1.21 guntas in Sy.No. 67, Ac.8.37 guntas in Sy. No.68, totaling to 28.35 guntas situated at Teegalapahad village, Mancherial Mandal, acquired for the purpose of mining operation by Singareni Collieries Company Limited, pursuant to the notification issued under Sec. 4(1) of the Land Acquisition Act dated 12.9.1983 and the Award dated 23.9.1986 was passed fixing the market value of the acquired land at Rs.9,880/- per acre. At the request of the claimants, the matter was referred under Sec.18 of the Act and the Reference Court by the orders impugned, enhanced the market value of the acquired land fixing the same at Rs.20,000/- per acre. Aggrieved by the same, these two appeals are filed by the Land Acquisition Officer. In both these appeals, the notification under Sec. 4(1) of the Act was issued on 12.9.1983 though the award in AS No. 2195 of 2001 was passed on 6.10.1985 and in AS No. 1604 of 2001 it was passed on 23.9.1986. The subject matter of the land in AS No.2195 of 2001 is an extent of Ac.2.07 guntas in Sy. No. 67 of the same village Teegalapahad. The Court below passed the orders on the same day. In both the O.Ps. common exhibits i.e. Exs. B1 to B-3 are relied upon. The claimant in OP No. 55 of 1991 was examined as RW-1. He stated that the acquired lands are situated in Teegalapahad village, Mancherial Mandal i.e. erstwhile Luxettipet Taluk. The distance between Mancherial town and Teegalapahad is only 3 KMs. and the total area on either side of the land is developed by way of residential houses, business establishments, etc. Admittedly, the lands are acquired for the purpose of Singareni Collieries Company Limited. It is stated that though the market value of the land is ranging from Rs.80,000/- to Rs.1.00 lakh per acre, registrations were effected at the rate of Rs.1,000/- per gunta. Under Exs.B-1 and B-2, the land was sold at Rs.1,000/- per gunta and under Ex.B-3, the land was sold at Rs.2,000/- per gunta. Thus even if the value of the land is taken at Rs.1,000/- per gunta, the market value comes to Rs.40,000/- per acre and it will be Rs.80,000/- if Ex.B-3 is taken into consideration. He further stated that the claimants have claimed Rs.1.00 lakh per acre. Admittedly Exs. B-1 to B-3 are prior to the notification under Sec. 4(1) of the Act. The Reference Court deducted 50% of the land price and fixed the market value at Rs.20,000/- per acre, which in our considered view is most reasonable and reflects the true and correct market value prevailing as on the date of notification under Sec. 4(1) of the Act. Learned Government Pleader for appeals appearing for the appellants submits that in respect of certain extents of land, possession was taken prior to the date of notification under Sec.4 (1) of the Act and the Reference Court instead of granting interest from the date of notification under Sec. 4(1) of the Act, erroneously awarded interest prior to the date of notification under Sec. 4(1) of the Act. Therefore, it is made clear that the claimants are entitled to interest only from the date of notification under Sec. 4(1) of the Act. They are entitled to additional market value also, only from the date of notification under Sec.4(1) of the Act to the date of passing award. Insofar as the solatium and interest components are concerned, the claimants are entitled to the same as ordered by the court below. With this modification in the orders and decrees, both the appeals are dismissed. No order as to costs. ________________ Justice V.Eswaraiah __________________ Justice K.S. Appa Rao December 20, 2011 MAS