IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE TWENTY FIRST DAY OF JULY, TWO THOUSAND AND ELEVEN WRIT PETITION No.14165 of 2007 Between: Jenni Valasayya and others. … Petitioners And The Special Deputy Collector, Land Acquisition Project, Bobbili, Vizianagaram District. … Respondent Counsel for the petitioners: Sri K.Somakonda Reddy. Counsel for the respondent: GP for Land Acquisition. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of respondent in not awarding interest on the amount of compensation paid to the petitioners from the date of their dispossession till payment of compensation and also additional market value on par with the patta land holders as illegal, arbitrary and discriminatory. The petitioners are assignees of the lands, which were taken over for the purpose of Gomukhi reservoir. A supplementary award was passed in favour of the petitioners, wherein a sum of Rs.27,000/- per acre was fixed as compensation. The petitioners were, however, not awarded interest and also additional market value on the ground that G.O.Ms.No.1307, Revenue Department, dated 23-12-1993, does not envisage payment of the said components to the assignees of the Government lands. The petitioners, however, placed reliance on the Seven Judge Bench Judgment of this Court in Land Acquisition Officer- cum-RDO, Chevella Division, Domalaguda, Hyderabad Vs. Mekala Pandu – 2004(2) ALD 451 (LB) – in support of their plea that the assignees are entitled to the market value of the land, including all the benefits available under the provisions of the Land Acquisition Act, 1894 on par with the owners of the private lands. At the hearing, Sri K.Somakonda Reddy, learned counsel for the petitioners, has made his submissions in reiteration of the above noted pleas raised by the petitioners. The learned Government Pleader for Land Acquisition, while fairly conceding this position, however, submitted that the judgment in Mekala Pandu (supra) is stayed by the Supreme Court in a civil appeal, which is pending. Since the judgment, on which the petitioners are placing reliance, is the subject matter of the proceedings before the Supreme Court in which its operation is stayed, the petitioners cannot be granted the relief at the moment on the basis of the said judgment. As of now they are governed by G.O.Ms.No.1307, Revenue (Assignment-I) Department, dated 23-12-1993, under which the petitioners are not entitled to payment of additional market value and interest. However, their entitlement to receive these components depends upon the outcome of the case pending before the Supreme Court. In the event the Supreme Court upholds the judgment of this court in Mekala Pandu (supra), the petitioners are entitled to make a representation to the respondent and, in such a case, they shall be paid the interest and additional market value in respect of the lands taken over from them. Conversely, if the judgment in Mekala Pandu (supra) is reversed, they will not be entitled to such payments. Subject to the above observations, the Writ Petition is disposed of. As a sequel, WPMP No.17779 of 2007 is disposed of as infructuous. -------------------------------------- C.V.NAGARJUNA REDDY,J Date:21-7-2011 MNR