THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.1725 OF 2004 JUDGMENT: (Per the Hon’ble Sri Justice N.V. Ramana) The Land Acquisition Officer (Special Deputy Collector), Unit –II, S.S.P., Kollapur, Mahabubnagar, has filed this appeal against the judgment and decree dated 7.11.2001 passed by the Senior Civil Judge, Nagarkurnool, in O.P.No.63 of 1996. The land in the present case was acquired for the purpose of Srisailam Hydro Electric Project across the river Krishna at Srisailam. On reference made by way of filing the above O.P., the Court below fixed the compensation at the rate of Rs.7,000/- per acre basing on Ex.A2-order in O.P.No.110 of 1981 and batch, dated 27.2.1982. Today when the appeal was taken up for hearing, it is submitted by the learned Assistant Government Pleader for the appellant and admitted to by the learned Counsel for the respondents-claimants that appeal arising out of the judgment in O.P.No.110 of 1981, which was the basis for the order impugned herein, being A.S.No.1810 of 1982 by judgment dated 12.4.1988, was dismissed by this Court with the following modifications: “This Court in dismissing this appeal and in modification of the decree of the lower Court doth order and decree as follows: 1. That, in addition to the market value of the land, the claimant shall be entitled to additional amount calculated at the rate of 12% per annum on such market value for the period commencing on and from the date of the publication of the notification under Section 4, Sub- Section (1) in the respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier as contemplated under Section 23(1-A) of the amended L.A.Act, 68 of 1984. 2. That, in addition to the market value of the land, the claimant shall also be entitled to solatium, a sum of 30% on such market value, as stipulated under section 23(3) of the said Act; 3. That if the amount of compensation is not paid or deposited on or before taking possession of the land, the claimant shall be entitled to interest, on such amount, at the rate of 9% p.a., from the time of so taking possession until it shall have been paid or deposited and that if such compensation or any part thereof is not paid or deposited within a period of one year from the date of taking possession, interest at the rate of 15% p.a., shall be paid from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited as provided under Section 34 of the said Act; 4. That in the event the Supreme Court holds that the Amendment Act has no retrospective effect, the Government is at liberty to file an application to review the decree with regard to enhanced solatium and interest; 5. That, subject to the modification as stated in clauses (1) to (3) supra, the decree of the lower Court do stand confirmed in all other aspects; 6. that the lower Court do calculate and pay the amounts due to the claimant in respect of additional amount as stipulated in clause (1) supra and also solatium and interest as contemplated in clauses (2) and (3) supra and in accordance with the directions contained in the judgment herein, less the amounts already paid if any; and 7. that there be no order as to costs in this appeal.” In the circumstances, following the above judgment and for the reasons mentioned therein, this appeal is also dismissed by and in terms thereof. However, it is made clear that the respondents-claimants are entitled to all the statutory benefits including benefits under Section 23(1-A) from the date of taking possession. While communicating this order, a copy of the judgment in AS No.1810 of 1982, dated 12.4.1988 shall be annexed. No costs. _______________ N.V.RAMANA, J _______________ K.S. APPA RAO, J Dated: 4.07.2011 Nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. No.1725 OF 2004 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 4.7.2011