THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A S NO. 1480 OF 1995 DT.16.11.2011 Between: The Revenue Divisional Officer, Nalgonda … Appellant And Gopagni Narsaiah and others … Respondents Counsel for the Petitioner: Govt Pleader for Appeals Counsel for respondents: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A S NO. 1480 OF 1995 JUDGMENT : (Per Sri Justice V Eswaraiah) The appellant herein is Revenue Divisional Officer, Nalgonda/Land Acquisition Officer and the respondents are claimants. The present appeal is filed against the Judgment and decree dated 25.7.1994 in O.P. No. 18 of 1989 on the file of the Subordinate Judge, Nalgonda. The lands of the claimants to an extent of Ac.12.38 guntas in Survey No. 557 to 562, Gundrampalli village of Ramannapet mandal, Nalgonda district were acquired pursuant to a notification issued under Section 4 (1) and Section 6 of the Land Acquisition Act dated 4.7.1986 for the purpose of submergence and R.F surplus course. The Land Acquisition Officer, passed an award granting compensation of Rs.4,000/- per acre. On reference, the Reference Court, on consideration of the matter, by its order dated 25.7.1994 enhanced the compensation from Rs.4,000/- to Rs.8,000/- together with 30% solatium and ordered that the claimants shall be entitled to additional amount calculated at the rate of 12 % per annum on such market value for the period commencing on and from the date of the publication of the notification under Section 4 (1) in respect of such land to the date of award of the Collector or the date of taking possession of the land, whichever is earlier and that if the amount of compensation is not paid or deposited on or before taking possession of the land, the claimants shall be entitled to interest on such amount at the rate of 9 % per annum from the date of so taking possession until it shall have been paid or deposited and that, if such compensation or any part thereof is not paid or deposited within a period of one year from the date of taking possession, interest at the rate of 15 % per annum shall be paid from the date of expiry of the said period of one year. Aggrieved by the said order, the present appeal is filed. The learned Government Pleader for Appeals submitted that the reference Court erred in enhancing the compensation to Rs.8,0000/- based on Ex.A1 and A2, which is excessive. He further submitted that the Reference Court erred in ordering payment of interest at the rate of 9% per annum from the date of taking possession which is incorrect. As seen from the record, the Reference Court enhanced the compensation from Rs.4,000/- to Rs.8,000/- based on documentary evidence in Ex.A1 and A2 where under compensation was fixed at Rs.7,000/- and Rs.9000/- per acre respectively, as such it cannot be said that the enhancement of the compensation to Rs.8,000/- is excessive. Though, we find some force in the contention of the learned Government Pleader for Appeal as regards entitlement of interest prior to the date of issuance of notification under Section 4 (1), we are not inclined to interfere with the order under appeal on the ground that notices were not yet served on any of the respondents inasmuch batta with petition and correct address of respondents 1 to 3 and 5 and steps to bring the legal representatives of respondent no.4 are due since long time and no steps were taken. In the circumstances we are of the considered opinion that the appeal does not survive and the same is accordingly dismissed. No costs. _____________ V ESWARAIAH,J _____________ K.S. APPA RAO,J DATE:16.11.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE K.S. APPA RAO A S NO. 1480 OF 1995 DT.16.11.2011