THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO L.A.A.S. Nos.410 of 2008 and 83 of 2010 COMMON JUDGMENT: (Per the Hon’ble Sri Justice N.V. Ramana) Both the appeals arise out of the very same order and decree, dated 5.3.2008 passed by the learned Principal Senior Civil Judge, Asifabad, in O.P.No.67 of 2001. The General Manager, Singareni Collieries Company Limited, Srirampuri (Projects), filed A.S.No.410 of 2008 challenging enhancement of compensation by the Court below whereas the claimants filed L.A.A.S.No.83 of 2010 seeking enhancement of compensation. The brief facts of the case are as follows: The General Manager, Singareni Collieries Company Limited, Srirampur Area filed a requisition for acquisition of lands at Tallapally, Teegalpahad villages of Mancherial Mandal to an extent of Ac.201-12 gts, viz., Ac.175.10 gts., in Tallapally village and Ac.26.02 gts., in Teegalaphad village, for opening of new Mines SRP-3 and SRP-3A Inclines. An award was passed for Ac.45.10 gts., of Teegalpahad vide proceedings No.A/455/89, dated 14.11.1990 fixing the market value at the rate of Rs.14,000/-. Some of the claimants and others filed WP No.5920 of 1991 seeking to declare the entire proceedings Memo No.A/455/89 dated 2.5.1990 and the action of the Land Acquisition Officer deleting the lands of the petitioners therein in the award No.A/455/89, dated 14.11.1990 as illegal and avoid. This Court allowed W.P. by setting aside the award No.A/455/89 dated 14.11.1990 holding that the petitioners/claimants therein are entitled for compensation in terms of the Land Acquisition Act, and directing the respondents therein to complete the land acquisition proceedings and pay necessary compensation to the petitioners therein within six months. The appeals filed against the said order were dismissed and hence, the orders in the above WP had become final. Pursuant to the orders of this Court, the Land Acquisition Officer passed the award in the proceedings A/1047/92, dated 8.8.1995 for Sy.No.35 of Tallapally village taking into consideration the market value at the rate of Rs.14,000/- per acre. Out of Ac.175.10 gts., in sy.No.35 of Tallapally, in respect of acquisition of an extent of Ac.84.10 gts. only, reference has been made to the civil Court under Section 18 of the Land Acquisition Act on the request of the claimants by filing the present O.P. On reference being made, the claimants appeared before the Court below and filed claim statements. According to them, claimants No.1 to 20 are entitled to compensation at the rate of Rs.2,50,000/- per acre and claimants No.21 to 27 and others are entitled to compensation at the rate of Rs.9,00,000/- per acre, in addition to the other amended benefits. Before the Court below, P.Ws.1 and 2 were examined and Exs.A.1 to A.13 were marked on behalf of the Land Acquisition Officer. On behalf of the Claimants, R.Ws.1 to 4 were examined and Exs.B1 to B5 were marked. On appreciation of oral and documentary evidence, the Court below allowed the O.P. fixing the market value of the acquired land at the rate of Rs.40,000/-per acre as on the date of 4(1) Notification dated 12.6.1989 with all other statutory benefits. The Court below also held as follows: a) In addition to the market value, the claimants are entitled to additional market value on the market value at the rate of 12% per annum from the date of 4(1) Notification dated 12.6.1989 to the date of Award dt.8.8.1995 or date of taking possession whichever is earlier. The possession was taken on 1.6.1984. b) The claimants are entitled to solatium at the rate of 30% on the enhanced market value. c) Since the possession of the property was taken on 1.6.1984 prior to passing of award, the claimants are entitled to interest on the enhanced market value at the rate of 9% per annum for one year from the date of taking possession and thereafter at the rate of 15% per annum till the enhanced amount is paid or deposited. d) The amounts already received by the claimants shall be deducted from the amounts payable; e) Each party is directed to bear their own costs. Challenging the enhancement of compensation, the General Manager, Singareni Collieries Company Limited, Srirampuri (Projects), filed A.S.No.410 of 2008 whereas the claimants filed L.A.A.S.No.83 of 2010 being not satisfied with the compensation awarded by the Court below. Though the Counsel argued the matter at length, but ultimately, the Counsel for the claimants accepted the proposal put forward by Sri Subba Reddy, learned Senior Counsel appearing for the Singareni Collieries Company Limited, with regard to reduction in the compensation payable and other aspects and agreed for disposal of the appeals as follows: 1) The market value fixed by the Court below in the above O.P. viz., Rs.40,000/- per acre be reduced to Rs.39,000/- per acre; 2) In addition to the market value the claimants are entitled to additional market value on the market value at the rate of 12% p.a., from the date of 4(1) Notification dated 12.6.1989 to the date of Award 08.08.1995 or the date of taking over possession of the land whichever is earlier ; 3) The claimants are entitled to solatium at the rate of 30% on the enhanced market value. 4) Since possession was taken prior to the issuance of notification under Section 4(1) of the Act, in view of the judgment of the Apex Court in R.L. JAIN (D) By LRs v. DDA AND BROTHERS[1], the claimants are not entitled to any interest on the enhanced market value for the period from the date of taking possession till the date of notification under Section 4(1) of the Act. However, the claimants are entitled to interest on the enhanced market value as awarded by the Court below from the date of 4(1) notification till the enhanced amount is paid or deposited. 5) Rest of the clauses viz., Clause (d) and (e) in the order impugned herein shall remain unaltered. Accordingly, as agreed by both the parties, the appeals are disposed of in terms above. ___________________ Justice N.V. Ramana _____________________ Justice K.S. Appa Rao Date: 27.6.2011 Nn. THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO LAAS NO.410 OF 2008 and 83 of 2010 (Order delivered by the Hon’ble Sri Justice N.V. Ramana) 27.6.2011 [1] (2004) 4 SCC 79