THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 14691 of 2010 Dated: 10.08.2011 Between: Malle Chennamma and 13 others ..... PETITIONERS AND The Govt of Andhra Pradesh rep.by its Secretary Irrigation & CAD Department, Secretariat, Hyderabad and 2 others .....RESPONDENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14691 OF 2010 ORDER : The houses belonging to the petitioners herein situated in Jonnavaram Village, Atloor Mandal, Kadapa District, were acquired under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’) for the purpose of foreshore submergence of Somasila Project. The notification under Section 4(1) of the Act was published on 10.12.1995 followed by a declaration under Section 6 of the Act. Thereafter, compensation was determined vide Award No.1/98-99, dated 05.11.1998. Aggrieved by the compensation awarded, some of the claimants sought reference under Section 18 of the Act. Pursuant thereto, LAOP.No.94 of 2008 was registered on the file of the Court of the IV Additional District Judge, Kadapa. It was renumbered as LAC No.155 of 2008 in LAOP.No.94 of 2008 on transfer to the Special Lok Adalat, Kadapa and the same was tried and decided by Judgment dated 15.04.2008 fixing the compensation for houses and structures by 80% over and above the market value awarded by the Land Acquisition Officer. It is stated that the petitioners herein, who could not seek reference under Section 18 of the Act, made applications under Section 28-A of the Act for re-determination of the compensation on the basis of the Award passed by the Special Lok Adalat, Kadapa in LAC No.155 of 2008 in LAOP.No.94 of 2008. In the meanwhile, the Government preferred Appeals against the order of the Reference Court in LAOP.Nos.1074 & 1075 of 2001. The said appeals were allowed by a Division Bench of this Court in part reducing the compensation from 100% to 80%, however awarding all statutory benefits including interest, solatium and additional market value. Thereafter, the 3rd respondent by award dated 12.08.2009 re-determined the compensation as sought by the petitioners in LAC No.155 of 2008 in LAOP.No.94 of 2008. However, the interest was awarded from the date of application under Section 28-A of the Act instead of the date of 4(1) notification. Aggrieved by the said order, dated 12.08.2009, the present writ petition is filed. I have heard the learned counsel for the petitioners as well as the learned Government Pleader appearing for the respondents. There can be no dispute about the settled legal position that re-determination under Section 28-A of the Act shall be made on the basis of compensation awarded by Reference Court including the interest and other statutory benefits. It is brought to my notice that in identical circumstances, Writ Petition No.13241 of 2008 was disposed of by this Court setting aside the order passed by the Land Acquisition Officer to the extent of awarding interest from the date of application under Section 28-A of the Act instead of the date of Section 4(1) notification. The fact that the petitioners herein are also similarly situated has not been disputed by the learned Government Pleader. In the circumstances, I deem it appropriate to dispose of the Writ Petition setting aside the impugned order to the extent of the interest awarded and holding that the petitioners herein shall be entitled to interest in terms of the award passed by the Special Lok Adalat, Kadapa in LAC No.155 of 2008 in LAOP.No.94 of 2008 as modified by this Court in Appeals. Accordingly, the writ petition is disposed of with a direction to the respondents to pay the amounts to which the petitioners are entitled to in terms of this order within a period of eight (8) weeks from the date of receipt of this order. No costs. ___________ G. ROHINI, J Date: 10.08.2011 Ivd