THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 25791 OF 2011 Dated: 15.09.2011 Between: Dulla Venkata Subbamma and 77 others ..... PETITIONERS AND The Government of Andhra Pradesh and 2 others ..... RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 25791 OF 2011 ORDER : The lands belonging to the petitioners herein situated in Malinenipatnam Village, Atloor Mandal, Kadapa District, were acquired under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’) for the purpose of Somasila Project. The notification under Section 4(1) of the Act was published on 10.09.1992 and the said lands were covered in reach No.15, invoking urgency clause 17(4) of the Act and dispensed with 5(A) enquiry proceedings acquired the land. Thereafter, compensation was determined vide Award No.5/93 and 4/94, dated 25.03.1994. Aggrieved by the compensation awarded, some of the claimants sought reference under Section 18 of the Act. Pursuant thereto, LAOP.Nos.139 and 55 of 1999 were registered on the file of the Court of the Senior Civil Judge, Rajampet and the same were tried and decided by Judgment dated 31.08.2000 enhancing the compensation by 80% over and above the market value awarded by the Land Acquisition Officer. The Reference Court has awarded solatium @30%, and additional market value @12% on enhanced market value and 9% interest on enhanced market value for one year and thereafter, @15% per annum till the date of realization. The Reference Court further awarded 12% additional market value per annum on the enhanced market value from the date of notification i.e., 10.09.1992 to till the date of passing of award i.e., 25.03.1994. Aggrieved by the Judgment of the Reference Court, the respondents preferred Writ Appeal No.1785 of 2008 and the same was dismissed by this Court by order dated 12.02.2009. Challenging the same though the State filed S.L.P.No.13755 of 2009 before the Hon’ble Supreme Court, the same was dismissed by Judgment dated 21.08.2009. It is stated that the petitioners herein, who could not seek reference under Section 18 of the Act, made applications under Section 28-A of the Act for re-determination of the compensation on the basis of the Judgment passed by the Senior Civil Judge, Rajampet in LAOP.Nos.139 and 55 of 1999. Aggrieved by the inaction of the respondents in re-determining the compensation under Section 28-A of the Act, the petitioners had earlier filed Writ Petition No.28288 of 2007 and pursuant to the orders of this Court, the 3rd respondent passed an order under Section 28-A of the Act vide Award No.20/08- 28-A, dated 18.06.2008, awarding the same market value that was granted to the claimants in LAOP.Nos.139 and 55 of 1999. However, the 3rd respondent awarded interest only from the date of the application under Section 28-A i.e., 12.02.2001. Hence, the present writ petition seeking a declaration that the petitioners are entitled to interest from the date of Section 4(1) notification. I have heard the learned counsel for the petitioners as well as the learned Government Pleader appearing for the respondents. There can be no dispute about the settled legal position that re-determination under Section 28-A of the Act shall be made on the basis of compensation awarded by Reference Court including the interest and other statutory benefits. It is brought to my notice that in identical circumstances, Writ Petition No.13241 of 2008 was disposed of by this Court setting aside the order passed by the Land Acquisition Officer to the extent of awarding interest from the date of application under Section 28-A of the Act instead of the date of Section 4(1) notification. The fact that the petitioners herein are also similarly situated has not been disputed by the learned Government Pleader. In the circumstances, I deem it appropriate to dispose of the Writ Petition setting aside the impugned order to the extent of the interest awarded and holding that the petitioners herein shall be entitled to interest in terms of the award passed by the Senior Civil Judge, Rajampet in LAOP.Nos.139 and 55 of 1999 as modified by this Court in Appeals. Accordingly, the writ petition is 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 (8) weeks from the date of receipt of this order. No costs. ​ ____________ G. ROHINI, J Date: 15.09.2011 Ivd