HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.614 OF 2000 Dt.30.6.2000 Between: Adari Rama Rao and another ..Appellants And The Special Deputy Collector-cum- Land Acquisition Officer, VUDA, Visakhapatnam. ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.NO.614 OF 2000 JUDGMENT: (Per Sri Justice V.Eswaraiah) This appeal is directed against the orders of the Senior Civil Judge, Vizianagaram, in L.O.P.No.146 of 1988, dated 30.9.1999, whereunder the award passed by the Land Acquisition Officer was confirmed. Appellants herein are claimants. An extent of Ac.0.19 cents equivalent to 919.64 sq.yards of wet land in S.No.124/2B situate at Vizianagaram Town belonging to the claimants was acquired for the purpose of formation of III reach Inner and Intermediate ring road pursuant to 4(1) notification published on 23.2.1984. It is stated that total extent of Ac.2.11 cents in S.No.124/2C, 125/4B, 126/8A, 129/2B, 130/9B, 131/2C and 131/5B in Vizianagaram Town 1st bit was acquired for the purpose of formation of III reach inner and intermediate ring road. The Land Acquisition Officer passed award No.23 of 1987, dated 12.9.1987, awarding compensation at the rate of Rs.20/- per sq. yard and after deducting 1/3rd towards development charge granted compensation at the rate of Rs.13.34 ps. Per sq.yard. On reference made by the other claimants covered by the same award and notification, the learned Senior Civil Judge, Vizianagaram, in O.P.No.145 of 1988, dated 30.9.1999, did not enhance the compensation. Aggrieved by the same, the claimants therein filed A.S.No.731 of 2000 on the file of this Court and the Division Bench of this Court by judgment, dated 17.9.2008, fixed market value for the acquired land at Rs.20/- per sq.yard after deducting 50%. Heard both the learned counsel. It is not in dispute that Exs.B-1 to B-3 marked in O.P.No.145 of 1988 and the present appeal, which was filed against O.P.No.146 of 1988, are one and the same and on consideration of the entire oral and documentary evidence this Court fixed the market value at the rate of Rs.20/- per sq. yard holding that the claimants are entitled to all statutory benefits available under the Land Acquisition Act. The subject matter of this appeal is squarely covered by the judgment of the Division Bench of this Court in A.S.No.731 of 2000, dated 17.9.2008. Following the same, this appeal is allowed as follows: Accordingly, we fix the market value for the acquired land at Rs.20/- per sq.yard and the claimants are entitled to the enhanced compensation and also 12% additional market value under Section 23 (1-A) from the date of notification till the date of taking over possession of land or passing of award whichever is earlier and 30% solatium on the enhanced compensation excluding additional market value. Further, the claimants are entitled to interest at 9% per annum for a period of one year from the date of taking possession and thereafter at 15% per annum till the date of realization. We also make it clear that the claimants are entitled to all statutory benefits available to them as per the Land Acquisition Amendment Act, 68 of 1984 and in the light of the judgment of the Constitution Bench of the Apex Court in SUNDER v. UNION OF INDIA (AIR 2001 SC 3516). In the result, the appeal is allowed to the extent indicated above. The parties shall bear their own costs. ________________ V.ESWARAIAH, J. ________________ NOUSHAD ALI, J. 30.6.2010 kpr