ZTHE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1206 OF 2002 Dated. 04-2-2011 Between: The Land Acquisition Officer, Prathipadu …Appellant Vs. J.Satyanarayana and others ..Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1206 OF 2002 JUDGMENT (Per NRLN,J) This appeal is filed against the order in O.P.No.229 of 1985 on the file of the court of Principal Senior Civil Judge, Guntur enhancing the market value from Rs.15,000/- to Rs.30,000/-. An extent of Ac.1.88 cents of land belonging to the claimants in Sy.No.309 and 310 of Kopparru village was acquired for providing house sites and a draft notification was given on 26-09-1981 and an award enquiry was conducted and award was passed on 31-08-1983 fixing the market value at Rs.15,000/- per acre. The claimants were not satisfied with the said compensation and claimed that the land acquired is adjacent to the village and they are surrounded by houses and the lands itself is fertile and therefore they are entitled to a compensation of Rs.70,000/-. Accordingly, the matter was referred to the civil court. On behalf of the claimants CWS.1 to 4 were examined and marked Exs.B-1 to B-3. On behalf of the referring officer, RW.1 was examined and marked Exs.B-1 and B-2. The learned Senior Civil Judge after considering the material evidence on record, enhanced the compensation to Rs.30,000/- and also awarded solatium at 30% without any interest and no award was made granting additional market value as contemplated under Section 23-1A of the Land Acquisition Act,1894 ( for short "the Act"). Aggrieved by the said order the present appeal is filed. The points that arise for consideration are:- (1) Whether the enhancement granted by the learned Senior Civil Judge is legal and sustainable? (2) To what relief? POINTS:- Apart from the evidence on record, the learned Senior Civil Judge found that the lands in Sy.Nos.248 and 309 are subject matter of the earlier award in LAOP Nos.422 to 424 of 1985 and the court enhanced the market value at Rs.30,000/- per acre. The date of notification in the earlier order under Ex.B-3 and the acquired lands are similar and the date of notification is also very close. CW.4 is also one of the claimants for the lands covered under Ex.B-3 common order. It is also further informed before the court that the order under Ex.B-3 has become final. The learned Senior Civil Judge found that considering the location of the lands and particularly the sale deed under Ex.B-1 very proximate to the date of notification and also the award under Ex.B-3, enhanced the compensation to Rs.30,000/-. The reasons given by the learned Senior Civil Judge are clear and unambiguous and it does not call for any interference. However, the learned Senior Civil Judge was not granted interest on the solatium and he was also not granted 12% additional market value as contemplated under Section 23-1A of the Act. Evidently, the award was passed subsequent to the amendment and in such circumstances there is no reason to deny the statutory benefits to the claimants. The claimants will be entitled to additional market value and also interest on the solatium since they are all for components of the same and by applying the decision in Sunder Vs. Union of India([1]) the claimants cannot be denied their statutory benefits. Therefore, the appeal suit is liable to be dismissed so far enhancement is concerned. The points are therefore answered. The Appeal Suit is therefore dismissed sofar as it relates to the enhancement of compensation. However, the award is modified holding that the claimants are found entitled to the statutory benefits mentioned above and the lower court shall determine on the application being filed by the claimants for the above benefits and pass necessary orders. No order as to costs ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 04-2-2011 TSNR [1] 2001 (5) ALT 51 (SC).