IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE FIFTEENTH [15TH] DAY OF APRIL, TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE A.GOPAL REDDY & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.671 of 2000 Between: The State, through Land Acquisition Officer Jagdevpur … Appellant And: Kumari Balaiah & 5 others … Respondents HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY AS No.671 of 2000 JUDGMENT: [Per AGR, J] This appeal, under Section 54 of the Land Acquisition Act, 1894, by the State through the Land Acquisition Officer, Jagdevpur, questioning the enhancement of the compensation passed by the learned Subordinate Judge, Siddipet in OP No. 27 of 1989 dated 31.12.1990. 2. A notification under section 4(1) of the Land Acquisition Act (for short ‘the Act’) was issued on 25.9.95 for acquiring an extent of Ac.3.23 guntas situated in Chetlapalli village for providing house sites to the weaker sections. The Land Acquisition Officer after complying due formalities, by his award dated 06.04.1987 Ex.B.1 fixed the market value of the acquired land at Rs.4,000/- per acre. Dissatisfied with the fixation of the market value, the claimants sought reference of the matter to the civil Court under Section 18 of the Act and the matter was referred to the civil Court and on receipt of the notices in the above OP, the claimants field claim statements claiming compensation at Rs.20/- per square yard. 3. To prove the market value, the first claimant examined himself as PW.1 and marked Ex.A.1 certified copy of the order in OP No.61 of 1987. On behalf of the referring Officer, the Mandal Revenue Officer, Jagdevpur was examined as RW.1 and marked Ex.B.1 award. 4. PW.1 deposed that the Government acquired their lands for construction of the houses to the weaker sections. One Savitramma Jagdeswari filed petition under Section 18 of the Act and the matter was referred to the civil court in OP No.61 of 1987 and the civil Court fixed the market value at Rs.16,000/- per acre. The land covered under Ex.A.1 OP No.61 of 1989 and the acquired lands are situated side by side. The Mandal Revenue Officer, Jagdevpur, who examined himself as RW.1 also stated that the Government has not preferred any appeal in the above matter against the enhancement of the compensation fixed by the Civil Court for the acquired land in OP No.61 of 1987 and the same has become final. Since it is a previous award as per the evidence adduced by the claimants and also the Land Acquisition Officer, the same can be taken basis for fixation of the market value. In view of the same, fixation of the market value by the reference Court at Rs.16,000/- over and above Rs.4,000/- fixed by the Land Acquisition Officer in the above OP i.e., Rs.20,000/- per acre, the reference Court rightly fixed the compensation at Rs.20,000/- per acre as against Rs.4,000/- awarded by the Land Acquisition Officer, which is the market value prevailing as on the date of the issuance of the notification. Further, we have also noticed that the appeal has been dismissed against 5th respondent for default i.e., non payment of batta and the compensation fixed at Rs.20,000/- per acre against him has been confirmed. In view of the same, we see no merits in this appeal. 5. It is needless to say that the claimants are entitled interest on the enhanced compensation including additional market value and 30% solatium from the date of taking possession at 9% per annum for one year and thereafter at 15% per annum as per the law laid down by the Apex Court in ‘Sunder vs. Union of India[1]’ 6. In the result, the appeal is dismissed. No order as to costs. __________________ A.GOPAL REDDY, J ___________________ G.V.SEETHAPATHY, J Date: 15.04.2010 bss [1] AIR 2001 SC 3516