HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1520 of 2000 Dated: 26-04-2010 Between: The land Acquisition Officer (Sub Collector), Utnoor. Appellant AND Mohd.Fazlullah & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1520 of 2000 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is directed against the orders of the Senior Civil Judge, Adilabad, dated 01.03.2000 made in O.P.No.60 of 1996 whereby the compensation for the acquired land was enhanced from Rs.9,600/- to Rs.28,000/- per acre. An extent of Ac.4.27 guntas of land belonged to the claimants- respondents herein situated in Utnoor Village was acquired by Government for construction of Bus-stand and Bus Depot at Utnoor Village by publishing draft notification under Section 4(1) of the Act on 11.8.1988. The Land Acquisition Officer after conducting enquiry, passed an award on 29.12.1989 fixing the market value of the acquired land at Rs.9,600/- per acre. The claimants having not satisfied with the fixation of the market value, sought for reference to the Civil Court for due determination of the market value. On reference being made, the claimants appeared and filed claim statements before the reference Court claiming compensation at Rs.2,00,000/- per acre. Before the reference Court, on behalf of the claimants, P.Ws.1 to 4 were examined and Exs.P.1 to P.6 were marked. On behalf of the referring officer, R.W.1 was examined and Exs.R.1 to R.6 were marked. On consideration of the evidence available on record, the reference Court fixed the market value at Rs.28,000/- per acre. Aggrieved by the same, the present appeal is filed by the Land Acquisition Officer. In respect of other lands covered by the very same survey and acquired through the very same notification, on reference being made to civil Court in O.P.No.47 of 1991, the reference Court fixed the market value at Rs.28,000/- per acre. Therefore, basing on the fixation of the market value in O.P.No.47 of 1981, the reference Court fixed the market value of the acquired land at Rs.28,000/- per acre. Further, the Land Acquisition Officer, as against the order, dated 27.12.1993 made in O.P.No.47 of 1991, marked as Ex.P.3, preferred A.S.No.35 of 1995 and this Court by judgment dated 15.12.2003 dismissed the appeal confirming the enhancement of market value made by the reference Court. In that view of the matter, the claimants herein are also entitled to the very same market value as enhanced by the reference Court in O.P.No.47 of 1991. In the result, the appeal is dismissed confirming the enhancement of compensation made by the reference Court at Rs.28,000/- per acre. It is needless to say that the claimants are entitled to interest not only on the enhanced market value but also on the additional market value and 30% solatium, at the rate of 9% per annum from the date of taking possession of the land for a period of one year and thereafter at 15% per annum till realization as per the law declared by the Apex Court in Sunder v. Union of India[1]. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 26, 2010 G.V. SEETHAPATHY, J. Tsr. [1] AIR 2001 SC 3516