THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 9149 of 2010 Date: 04.08.2011 Between: 1. Mekapati Rajaiah and others. … Petitioners And The Govt., of A.P., Rep., by its Secretary, I & CAD Department, Secretariat Buildings, Hyderabad and others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.9149 of 2010 O R D E R : This writ petition is filed seeking a declaration that the Award dated 18.01.2008 made by the respondent No.3 to the extent of not awarding the interest on the enhanced compensation from the date of the notification till the date of the application made under Section 28-A of the Land Acquisition Act, 1894 is arbitrary and illegal. The petitioners claim to be the owners of Houses/structures situated at Virur Village, Atloor Mandal, Kadapa District. By Notification dated 30.10.1995 published under Section 4 (1) of the Land Acquisition Act, 1894, the said houses and structures were acquired for the purpose of foreshore submergence under Somasila Project. By Award, dated 28.11.1997 compensation was fixed by the Land Acquisition Officer. Not being satisfied with the quantum of compensation awarded, some of the similarly situated persons, whose lands were also acquired under the same notification, sought reference under Section 18 of the Act. Pursuant thereto, L.A.O.P.No.903 of 2000 on the file of the Court of the Principal District Judge, Kadapa was registered. By order dated 09.04.2002 in LAOP.No.903/2000, the learned Principal District Judge granted enhancement of 100% over and above the market value fixed by the Land Acquisition Officer together with solatium, 12% additional market value and interest. Having come to know of the said order, the petitioners herein submitted their applications dated 24.06.2002 for re-determination of the compensation under Section 28-A of the Land Acquisition Act. Having considered the same, the 3rd respondent passed an order dated 18.01.2008 awarding the same market value that had been awarded to the claimants in L.A.O.P.No.903 of 2000. However, the interest was awarded from the date of the application under Section 28-A of the Act, i.e. 24.06.2002 instead of the date of Section 4(1) notification i.e. 30.10.1995. Aggrieved by the said action of the respondents, the present writ petition is filed. I have heard the learned counsel for both the parties. The very same question relating to grant of interest while passing an order on an application under Section 28-A of the Land Acquisition Act for re-determination of the compensation was considered by this Court in W.P.No.13241 of 2008 and W.P.No.2183 of 2008 and etc., and it was held that the petitioners therein were entitled to receive interest and all other statutory benefits in terms of the Award passed by the Reference Court and the same was upheld by the Division Bench in W.A.No.1785 of 2008. It is brought to my notice that SLP No.13755 of 2009 preferred by the State was dismissed by the Supreme Court by order dated 21.08.2009. Therefore there cannot be any dispute as to the entitlement of the petitioners to receive interest in terms of the Award passed by the Court of the Principal District Judge, Kadapa, dated 09.04.2002. Accordingly, the impugned order passed by the 3rd respondent, dated 18.01.2008, is set aside to the extent of awarding interest and it is hereby declared that the petitioners shall be entitled to interest in terms of the Award passed by the Court of the Principal District Judge, Kadapa, dated 09.04.2002. The Writ Petition is accordingly 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 weeks from the date of receipt of this order. No costs. _____________ G. ROHINI, J. Dt. 04.08.2011 ISL/gbs