THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.20722 OF 2010 DATED: 04.08.2011 Between: B. Arunachalam and another … Petitioners And 1. The Govt. of A.P., represented by its Secretary, I & CAD Dept., Secretariat, Hyderabad And others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.20722 OF 2010 ORDER: This writ petition is filed seeking a declaration that the Award dated 08.10.2009 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 House structures situated in S.P.R.No.198, Reach No.X of Obulampet, H/o. Rangayapalle, Nandaluru Mandal, Kadapa District. By Notification dated 3.9.1981 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 20.09.1986 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.1926 of 1988 on the file of the Court of the Senior Civil Judge, Rajampet, was registered. By order dated 24.08.1998 in LAOP.No.1928/1988 and batch, the learned Senior Civil Judge granted enhancement of 80% 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 made applications on 23.11.1998 under Section 28-A of the Land Acquisition Act for re-determination of the compensation in respect of their houses and structures. Aggrieved by the inaction on the part of the respondents in considering the said applications, the petitioners herein filed W.P.No.17592 of 2008 and the same was disposed of by this Court by order dated 13.08.2008 with a direction to consider the applications of the petitioners dated 23.11.1998 and pass appropriate orders as per law within four weeks. When the respondents have not complied with the said order, the petitioners filed C.C.No.1328 of 2009 before this Court. In the meanwhile, the respondents passed an award on 8.10.2009 awarding the same market value that was allowed to the claimants in LAOP.No.1926 of 1988 & batch. However the interest was awarded from the date of the applications under Section 28-A of the Land Acquisition Act, dated 23.11.1998 instead of Section 4 (1) Notification. Aggrieved by the same, the present Writ Petition is filed contending that the petitioners are entitled to interest from the date of 4(1) Notification as provided under Section 28-A of the Land Acquisition Act. A counter-affidavit has been filed on behalf of the respondents contending that the petitioners are entitled to statutory benefits and interest from the date of applications under Section 28-A only and therefore the impugned order warrants no interference. 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 Senior Civil Judge, Rajampet, in LAOP.No.1926 of 1988 & batch, dated 24.8.1998. Accordingly, the impugned order passed by the 3rd respondent, dated 08.10.2009, 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 Senior Civil Judge, Rajampet, in LAOP.No.1926 of 1988 & batch, dated 24.8.1998. 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