THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.5510 of 2008 ORAL ORDER: The petitioner herein claims to be residents Bedusupalle, hamlet of Chenduvoy Village, Atloor Mandal, Kadapa District. It is stated that houses and structures belonging to the petitioners were acquired for a public purpose viz., for foreshore submergence of Somasila Project under the notiﬁcation dated 20.02.1995 published under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act"). Pursuant thereto, after conducting necessary enquiry, the Land Acquisition Oﬃcer passed Award No.5/1995 dated 31.08.1995 awarding compensation. Not being satisﬁed with the quantum of compensation, some of the claimants sought reference under Section 18 of the Act and, accordingly, the matters were referred to the District Court, Kadapa and numbered as L.A.O.P.Nos.248, 249 and 250 of 2000. The learned District Judge after conducing due enquiry by order dated 26.02.2002 enhanced the compensation for houses and structures by 100% over and above the market value fixed by the Land Acquisition Officer. Having come to know of the Award passed by the reference Court in L.A.O.P.Nos.248, 249 and 250 of 2000, the petitioners made applications before the 3rd respondent on 23.04.2002 and 24.06.2002 under Section 28-A of the Act seeking re-determination of amount of compensation on the basis of the Awards made in L.A.O.P.Nos.248, 249 and 250 of 2000. Aggrieved by the inaction on the part of the 3rd respondent in considering their request, they ﬁled W.P.No.23424 of 2006 and this Court disposed of the same by order dated 10.11.2006 directing the respondents therein to consider the representations of the petitioners, if the same are in order and pass appropriate orders within a period of four weeks. In the meanwhile, the Government preferred Appeal before this Court against the order of the reference Court in L.A.O.P.Nos.248, 249 and 250 of 2000 dated 26.02.2002. A Division Bench of this Court allowed a batch of appeals in part reducing the compensation from 100% to 80% and awarding all statutory beneﬁts, such as interest on solatium and additional market value. Thereafter, the 3rd respondent by order dated 11.01.2008 disposed of the applications made by the petitioners under Section 28-A of the Act awarding compensation on the basis of the Awards passed by the reference Court in L.A.O.P.Nos.248, 249 and 250 of 2000 dated 26.02.2002. However, interest on the market value was awarded at 9% for one year and at 15% thereafter, from the date of the applications ﬁled under Section 28-A instead of granting from the date of taking possession. Aggrieved by the said action of the respondents in not granting interest on the enhanced compensation from the date of taking possession, the present writ petition is filed. On behalf of the respondents, a counter aﬃdavit has been ﬁled by the Special Deputy Collector, Land Acquisition, Telugu Ganga Project, Unit-II, Kadapa stating that the Land Acquisition Oﬃcer is not competent to award interest for the period prior to passing of the Award under Section 28-A of the Act. I have heard learned counsel for the petitioners as well as the learned Government Pleader appearing for the respondents. The law is well-settled that the re-determination under Section 28-A of the Act shall be on the basis of the amount of compensation awarded by the reference Court including interest. Nothing could be placed before this Court by the learned Government Pleader to show that the petitioners are not entitled for the interest as awarded by the reference Court in L.A.O.P.Nos.248, 249 and 250 of 2000. It is also brought to my notice by the learned counsel for the petitioners that in identical circumstances, W.P.No.13241 of 2008 was disposed of by this Court by order dated 2.07.2008 with a direction to the respondents to grant interest in terms of the Awards passed by the reference Court. It is not disputed by the learned Government Pleader that the petitioners herein are also similarly situated. Accordingly, the writ petition is disposed of holding that the petitioners herein are entitled to interest in terms of the Awards passed by the District Court, Kadapa, in L.A.O.P.Nos.248, 249 and 250 of 2000 dated 26.02.2002, as modiﬁed by this Court by judgment dated in A.S.No.449 of 2004. No costs. 08.09.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.5510 of 2008 Between: 1 Shaik Rahamathullah, S/o. Imam Saheb, resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 2 Shaik Imambee, S/o. Imam Saheb, resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 3 M. Annapurnamma, D/o. Yanadi Reddy, Resident of Jonnavada Village, Nellore District. 4 Bellam chinna Penchal Reddy, S/o. Narasa Reddy, Resident of Jonnavada Village, Nellore District. 5 M. Chandrasekhar Reddy, S/o. Yanadi Reddy, Resident of Jonnavada Village, Nellore District. 6 M. Subbamma, W/o. Yanadi Reddy, Resident of Jonnavada Village, Nellore District. 7 M. Ravichandra Reddy, S/o. Yanadi Reddy, Resident of Jonnavada Village, Nellore District. 8 Subbanarasa Reddy, S/o. Chinnapenchal Reddy, Resident of Jonnavada Village, Nellore District. 9 Bommireddy Pedda Yella Reddy Died his L.R. Wife B. Lakshumma, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 10 P. Mahesh Reddy, S/o. Subba Reddy, Resident of Chinnachowk, Kadapa Town, Kadapa District. 11 Mamidi Suman Reddy, S/o. Sesha Reddy, Balaji nagar, Nellore Town, Nellore District. 12 Mamidi Obulamma, S/o. Konda Reddy, Balaji nagar, Nellore Town, Nellore District. 13 Gopavarapu Thulasamma, W/o. Penchalaiah, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 14 Gopavarapu Penchalaiah, S/o. Narasimhulu, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 15 Gopavarapu Chinna Narasimhulu, S/o. Narasimhulu, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 16 Bodagala Ramesh, S/o. Venkata Ramaiah, Resident of Sankarapuram, Kadapa Town, Kadapa District. 17 Gopavaram Sanjemma died her L.R. Daughter Bodagala Vanaja, W/o. Anjaneyulu, Madhavaram Village, Sidhout Mandal, Kadapa District. 18 Bodagala Anantaramaiah, S/o. Ramaiah, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 19 Bodagala Ramalakshumaiah, S/o. Ramaiah, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 20 Gorentla Siddeswarlu, S/o. Prasad Rao, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 21 Gorentla Satyamma, S/o. Prasad Rao, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 22 Bodagala Chinnaiah, S/o. Chinnaiah, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 23 Mamidi Abbireddigari Subba Reddy died his L.R. Grand Daughter M. Gopalamma, W/o. Venkatasubba Reddy, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 24 Bellam Veera Reddy, S/o. Narasaiah, R/o. Sidhout Village and Mandal, Kadapa District. 25 Mamidi Buchi Reddy, S/o. Palakonda Reddy, R/o. Chanduvoy Village, Atloor Mandal, Kadapa District. 26 Shaik Fakeer Saheb, S/o. Kamal Saheb, Resident of Badvel Town and Village, Kadapa District. 27 Katabattina Subramanyam, S/o. C.V. Subramanyam, R/o. Sankarapuram, Kadapa Town, Kadapa District. 28 Paturi Venkata Subbamma died his L.R. sister Somireddy Vijayalakshmi, W/o. Narayana Reddy, R/o. Madhavaram Village, Sidhout Mandal, Kadapa District. 29 Koppolu Ramasubbamma, W/o. Subba Reddy, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 30 Somireddy Vijayalakshumma, W/o. Narayana Reddy, R/o. Madhavaram Village, Sidhout Mandal, Kadapa District. 31 Bellam Penchal Reddy, W/o. Veera Reddy, R/o. Sidhout Village, Sidhout Mandal, Kadapa District. 32 Bellam Lakshmi Narasamma Died her L.R. Husband B. Narasimha Reddy, R/o. Sidhout Village, Sidhout Mandal, Kadapa District. 33 Bellam Veera Reddy, S/o. Narasimha Reddy, R/o. Sidhout Village, Sidhout Mandal, Kadapa District. 34 Bellam Pedda Penchalreddy, S/o. Narasa Reddy, R/o. Sidhout Village, Sidhout Mandal, Kadapa District. 35 Pelleti Narasimha reddy, S/o. Rami Reddy, R/o. Vemuluru Village, Atloor Mandal, Kadapa District. 36 Bellam Subbamma, W/o. Venkata Reddy, R/o. Jonnavada Village, Nellore District. 37 Bellam Sulochanamma, W/o. Narayana, R/o. Jonnavada Village, Nellore District. 38 Bellam Ramanamma, W/o. Rami Reddy, R/o. Jonnavada Village, Nellore District. 39 Mamidi Narayanamma, W/o. Konda Reddy, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 40 Nagam Subbaramireddy, W/o. Gangi Reddy, R/o. Madhavaram Village, Sidhout Mandal, Kadapa District. 41 Gurrampati Ramasubbamma, W/o. Pedda Gopi Reddy, R/o. Madhavaram Village, Sidhout Mandal, Kadapa District. 42 Gurrampati Ramasubbamma, W/o. Pedda Gopi Reddy, R/o. Madhavaram Village, Sidhout Mandal, Kadapa District. 43 Kaluvai Venkata Subbamma, W/o. Venkatasubba Reddy, R/o. Ibrahimpet Village, Vontimitta Mandal, Kadapa District. 44 Bellam Narasa Reddy, S/o. Veera Reddy, R/o. Sidhout Village, Sidhout Mandal, Kadapa District. 45 Gurrampati Nagi Reddy, S/o. Venkata Subbaiah, R/o. Atloor Village and Post, Atloor Mandal, Kadapa District. 46 Pidugu Achamma, W/o. Narapa Reddy, Resident of Bedusupalle Village, Atloor Mandal, Kadapa District. 47 Mamidi Sesha Reddy, S/o. Konda Reddy, Balajinagar, Nellore Town, Nellore District. 48 Venkatasubbamma, W/o. Palle Subba Reddy, Nehru Nagar, Kadapa Town, Kadapa District. 49 Mamidi Venkata Subba Reddy died his L.R. Wife Mallamma, Nehru Nagar, Kadapa Town, Kadapa District. 50 M. Adilakshumma, W/o. Maadu Venkata Reddy, Resident of Somasila, Nellore District. 51 Kudumala venkata subbamma, W/o. Gangi Reddy, Resident of Salebad Village, Vontimitta Mandal, Kadapa District. 52 Sriram Venkatasubbaiah @ Yanadaiah, S/o. Subbaiah, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 53 Gorentla Nagaraju, S/o. Nagaraju, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 54 C. Narasimhulu, S/o. Narasimhulu, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 55 Mamidi Peddapullaiahgari Venkatasubba Reddy, S/o. V. Subbareddy, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 56 Mamidi Pullaiahgari Obul Reddy, S/o. Venkatasubba Reddy, R/o. Badvel Village, and Town Badvel Mandal, Kadapa District. 57 Mamidi Obul Reddy, S/o. Venkatasubba Reddy, R/o. Nehru Nagar, Kadapa Town, Kadapa District. 58 Siddam Rosaiah, S/o. Narasimhulu, R/o. Seetapuram Village, Vontimitta Mandal, Kadapa District. 59 Balli Narasimhulu, died his L.R. Wife B. Lakshumma, Resident of Bedusupalle Village, Atloor Mandal, Kadapa District. 60 Vaanarasi Bharati, W/o. Narayana, Resident of Bedusupalle Village, Atloor Mandal, Kadapa District. 61 Goturu Chinnaiah, S/o. Ramaiah, R/o. Madhavaram Village, Sidhout Mandal, Kadapa District. 62 Balli Gangaiah died L.R. son B. Obulesu, R/o. Somasila Village, Nellore District. 63 Balli Obulesu, S/o. Gangaiah, Resident of Bedusupalle Village, Atloor Mandal, Kadapa District. 64 Neerugattu Lakshmi Devi, W/o. Yellaiah, Resident of Madhavaram Village, Sidhout Mandal, Kadapa District. 65 Pungani Papaiah, S/o. Papaiah, R/o. Kumbhagiri Village, Atloor Mandal, Kadapa District. 66 Segi Subbaiah died his L.R. son Nagaiah, R/o. Madhavaram Village, Sidhout Mandal, Kadapa District. 67 Vaanarasi Narasimhulu, S/o. Naraiah, R/o. Madhavaram Village, Sidhout Mandal, Kadapa District. 68 M. Leelavathi, W/o. Gangi Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 69 M.A. Narapa Reddy, Son of Rami Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 70 Yandrapalli Eswara Reddy, S/o. Konda Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 71 Yandrapalli Konda Reddy, S/o. Konda Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 72 Yandrapalli Konda Reddy, S/o. Konda Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 73 Yandrapalli Eswara Reddy, S/o. Konda Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 74 Yandrapalli Ramasubba Reddy, S/o. Konda Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 75 Palli Obulamma, S/o. Ramasubba Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 76 Paturu Jayamma, W/o. Subba Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 77 Paturu Venkatasubbamma, W/o. Vemul Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 78 Paturu Ramasubba Reddy, W/o. Subba Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 79 Paturu Subbamma, W/o. Gangi Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 80 Yandrapalli Eswara Reddy, S/o. Konda Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 81 Yandrapalli Ramulamma, W/o. Easwara Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 82 Yandrapalli Adilakshumma, W/o. Konda Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 83 Mamidi Abbireddygari Rami Reddy, S/o. Obaiah, R/o. Lakshminagar, Kadapa Town, Kadapa District. 84 Yandrapalli Bhagyamma, W/o. Subba Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. 85 Meda Yanadaiah, S/o. Obaiah, R/o. Lakshminagar, Kadapa Town, Kadapa District. 86 Mamidi Gangi Reddy, S/o. Gangi Reddy, R/o. Lakshminagar, Kadapa Town, Kadapa District. ..... PETITIONERS AND 1 The Govt. of A.P., Rep. by its Secretary, Irrigation and Command Area Development Depertment, Secretariat, Hyderabad. 2 The Special Collector (LA), (GNSS), Galeru Nagari Sujala Sravanthi, Sankarapum, Kadapa, Kadapa District. 3 The Special Deputy Collector (LA), Telugu Ganga Project, Unit-II, Mamillapalle, Kadapa. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus directing the respondents 1 to 3 herein to award interest on the market value, solatium and additional market value from the dated of award dt. 31-8-1995 (date of taking possession) to date of realization instead of from the date of 28-A applications i.e., 23-4-2002 and 24-6-2002 on par with the Judgment and Decree of the District Judge, Kadapa, adated 26-2-2002, in LAOP.NO. 248, 249 and 250 of 2000, and pay the same to the petitioners herein in pursuance of their applications ﬁled Under Section 28-A dated 23-4-2002 and 24-6-2002, and pass such other order or orders as this Hon'ble Court may deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: Mr. D.KODANDARAMI REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION Govt. Pleader for Irrigation & Command Area Development (R1) The Court made the following: