IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO A.S.NO. 859 OF 1995 DATE: 17/12/2009 Between: Gannamanni Ramakotivaraprasadamma ..... appellant AND Sub-Collector, Land Acquisition Officer, Tenali, Guntur .....respondent JUDGMENT: (per Sri Ghulam Mohammed, J) This appeal has been preferred by the by the claimant under Section 54 of the Land Acquisition Act (for short ‘the Act’), seeking enhancement of the compensation passed in O.P.No. 20 of 1990 dated 27.3.1995 on the file of the Subordinate Judge, Tenali, in respect of her land, which had been acquired for establishment of Autonagar. Brief facts of the case are that an extent of Ac. 54.87 cents of land in Katevaram Village of Tenali Mandalam belonging to the claimants was acquired by the Land Acquisition Officer for establishment of Autongar vide notification published in the gazette dated 17.2.1987 issued under Section 4(1) of the Act. The Land Acquisition Officer after following the procedure prescribed under law, passed an award on 17.9.1988 fixing the market value of the acquired lands at Rs. 27,500/- per acre. The claimant received the compensation under protest and contended that the amount awarded was insufficient. Being dissatisfied with the Award, the claimant sought for a reference under Section 18 of the Act and the Award has been accordingly referred, taken on file by the learned Principal Subordinate Judge, Tenali. In order to establish the claim, claimant examined PWs-1 to 5 and got marked Exs. A1 and A2 and on behalf of the referring officer RWs 1 to 4 were examined and got marked Exs. B1 & B2. The learned Subordinate Judge upon appreciation of both documentary and oral evidence available on record fixed the market value of the land at Rs. 40,000/- per acre and besides the market value, directed that the claimants are entitled to solatium at 30%, an amount equivalent to 12% per annum on the enhanced marked value from 17.12.1987, date of notification to 17.9.1988, date of award. It also awarded interest at 9% per annum from 9.3.1989, date of possession to 8.3.1990 and thereafter at 15% per annum till realisation. We have heard the learned counsel appearing for the appellant-claimant and also the learned Government Pleader for appeals. In similar circumstances, against the order passed in O.P.No. 65 of 1990 on the file of Subordinate Judge, Tenali, claimants preferred First Appeal Nos. 796 and 852 of 1995 before this Court and this Court held that the claimants are entitled to the market value at 60,000/- per acre and consequently the amount as fixed by the Court below stands enhanced to Rs. 60,000/- per acre and the claimants are also entitled to interest on solatium and additional market value. We have also perused the judgment of this Court passed in First Appeal Nos. 796 and 852 of 1995. The learned Government Pleader did not oppose the same. Hence, following the judgment rendered by this Court in First Appeal Nos. 796 and 852 of 1995, the compensation granted by the court below is enhanced from 40,000/- to 60,000/- per acre and the claimant is also entitled to interest on solatium and additional market value. Accordingly, the appeal is allowed in part. There shall be no order as to costs. GHULAM MOHAMMED, J NOOTY RAMA MOHANA RAO,J DATE: 17.12.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies