THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1425 OF 1999 Dated. -12-2010 Between: The Land Acquisition Officer, L.A.Unit, Warangal …Appellant Vs. L.Venkatanarasaiah ..Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1425 OF 2002 JUDGMENT (Per NRLN,J) The appeal is filed against the order in O.P.No.26 of 1997 on the file of the court of I Additional Senior Civil Judge, Warangal enhancing the market value of the acquired land to Rs.25,000/- as against the market value of Rs.11,500/- granted by the Land Acquisition Officer. An extent of Ac.1.36 guntas of land situated at Oorugonda Village of Atmakur Mandal belonging to the claimant was acquired for excavation of 5L of IR of DBM-31 from 0.000 to 0.850. A draft notification was given on 25-09-1991 and an award enquiry was conducted and the Land Acquisition Officer has fixed the market value at Rs.11,500/- per acre. The claimant was not satisfied with the above market value and wanted that the matter be referred to the civil court. He claimed the market value is at Rs.50,000/- to Rs.60,000/-. During the course of enquiry, claimant was examined as PW.1 and also examined PW.2, who is said to be a claimant in O.P.No.180 of 1995 in which his lands were also acquired. The claimants marked Exs.A-1 to A-6. On behalf of the Referring Officer, Exs.B-1 and B-2 were marked. After considering the evidence on record the learned I Additional Senior Civil Judge enhanced the compensation. Aggrieved by the said order the present appeal is filed. The points that arise for consideration are:- (1) Whether the enhancement of the market value by the learned Senior Civil Judge is legal and sustainable? (2) To what relief? POINTS:- In support of the claim of the claimant in enhancement, PW.1 claimed that the land is fertile and also contended that for similar acquisition of the lands in his village the court has awarded a sum of Rs.20,000/- per acre and relied upon the decree in O.P.No.53 of 1986 under Exs.A-1 and A-2. He also relied upon the judgment and decree in O.P.No.180 of 1995 under Exs.A-3 and A-4 and the judgment and decree in O.P.No.150 of 1988 as Exs.A-5 and A-6. The learned Senior Civil Judge considered these orders and relied upon the evidence of PW.2 who stated that he was awarded a compensation in O.P.No.180 of 1995. The learned Senior Civil Judge found that all the above claims relates to the land in the same village and the High Court in a connected matter in AS No.334 of 1988 fixed the market value at Rs.20,000/-. Taking into consideration that the notification in this case is of the 1991 whereas the other acquisitions were earlier to this notification, fixed the compensation at Rs.25,000/- per acre and granted additional market value and solatium but did not grant the interest on solatium or additional market value. Evidently, the learned Senior Civil Judge has taken into consideration the market value of the lands which were acquired in the same village for the same purpose and the award of the court, which fixed the compensation. It cannot be said that the order of the learned Senior Civil Judge is not legal and that enhancement granted by him is arbitrary. Therefore, we do not find any reason to interfere with the order of the lower court insofar as it concerns the fixation of the market value and grant of solatium and the additional market value. The learned Senior Civil Judge has not granted the interest on solatium and additional market value but however in view of the decision of the Supreme Court in Sunder Vs. Union of India([1]), the claimant will be entitled to the same. Accordingly, the Appeal Suit is allowed in part. The award of the lower court is modified while confirming the market value. The claimant will be entitled to the interest on the solatium, additional market value and interest thereon which was not granted by the lower court. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 20-1-2011 TSNR [1] 2001 (5) ALT 51 (SC).