HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR L.A.A.S.NO.580 OF 2007 Dt.20.11.2009 Between: Special Deputy Collector-cum- Land Acquisition Officer (LA), SRBC Nandyal .. Appellant And Sandola Yangamma .. Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR L.A.A.S.NO.580 OF 2007 JUDGMENT: (Per Sri Justice V.Eswaraiah) Heard both the counsel. This appeal is filed by the Land Acquisition Officer, S.R.B.C., Nandyal, against the judgment and decree dated 28.9.2006 in O.P.No.188 of 2005 on the file of the Principal Senior Civil Judge, Nandyal. Respondent herein is the claimant whose land admeasuring Ac.9.73 cents comprising in two survey numbers 655/2B1 & 655/2B7 situated in Sangapatnam Village, Owk Mandal, Kurnool District, was acquired for the purpose of formation of bund across Gollaleru valley embankment. Notification under Section 4(1) of the Land Acquisition Act was published on 27.11.1992 and possession was taken on 9.2.1993. The award was passed vide award No.17/1992-93, dated 20.3.1993 by the Land Acquisition Officer in respect of the said land of the claimant as well as many other similarly situated persons. The Land Acquisition Officer granted Rs.20,000/- per acre along with other statutory benefits. At the request of the claimant, the matter was referred under Section 18 of the Act to the Court and the Principal Senior Civil Judge, Nandyal vide impugned order dated 28.9.2006 enhanced the compensation as follows: 1. that the market value of the lands is fixed at Rs.28,000/- (Rupees twenty eight thousands only) per acre. 2. that in addition to it, additional market value at the rate of 12% p.a., on such market value from the date of notification till the date of award, shall be calculated. 3. that 30% solatium on the market value fixed as provided under Section 23(2) of the Act. 4. that the interest at 9% p.a., from the date of possession for a period of one year and thereafter at 15% p.a., till the date of payment of the enhanced market value, additional market value and solatium too. 5. that the amount already paid by the LAO shall be deducted from the compensation fixed by the court. 6. that the claimant is entitled for interest at 9% p.a., on the market value of Rs.20,000/- per acre of the land for the one year from 20.3.1993 to 19.3.1994 and thereafter at 15% p.a., till the date of payment i.e., 4.11.2004 and also on solatium and additional market value. 7. that each party to bear their own costs. The O.P. was allowed accordingly following the earlier common order in O.P.No.522 of 1997 and batch, dated 2.4.1999. Learned Government Pleader for Appeals appearing on behalf of the appellant submits that the orders in O.P.No.522 of 1997 have become final and the claimants also received the entire amount. If that be so, we are of the opinion that the claimant- respondent is also entitled for the benefit of the impugned order. The said judgment in O.P.No.522 of 1997 was also marked as Exs.B-1 and B-2. In fact, the said O.P. arises out of the same award No.17/1992-93, got referred the matter to the civil court and the civil court after due enquiry had enhanced the amount to Rs.28,000/- per acre from Rs.20,000/-. The court below did not commit any error in enhancing the market value from Rs.20,000/- to Rs.28,000/- as the acquisition was in the year 1992. We are also of the view that the market value of the said area at Rs.28,000/- is just and reasonable which reflects the true market value. Therefore, we do not see any merit in the appeal and the appeal is liable to be dismissed. Learned Government Pleader for the appellant requests six weeks time for depositing the entire decretal amount. But, however, the learned counsel for the claimant opposed the same and states that only four weeks time may be granted. The appeal is accordingly dismissed. But, however, we grant six weeks time for the appellant to deposit the entire E.P. amount. If the amount is not deposited within six weeks from today, it is open for the claimant to proceed with the execution petition. No order as to costs. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 20.11.2009 kpr