HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.2512 of 2010 DT.23.07.2010 The Land Acquisition Officer and Special Deputy Collector, Peddapuram. …Petitioner V. Vagu Venkateswarlu … Respondent The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.2512 of 2010 ORDER:- Heard the learned Government Pleader for the petitioner. In site of service of notice on the respondent, he has not chosen to put up any appearance. This revision is filed for revising the order of the Senior Civil Judge, Peddapuram, dated 25.08.2009, passed in E.P.No.143 of 2003 in O.P.No.383 of 1990. In the above O.P., the Senior Civil Judge, Peddapuram enhanced the compensation of the acquired land and fixed at Rs.50,000/- per acre for an extent of Ac.2-00 of dry wet land and Rs.40,000/- per acre for an extent of Ac.6-66 cents of dry land, as against Rs.18,000/- and Rs.12,000/- respectively, awarded by the Land Acquisition Officer, with statutory benefits on the enhanced compensation namely 30% Solatium and interest at 9% per annum from the date of possession till one year and thereafter at 15% per annum till the date of realization, but denied the interest at 12% per annum on the additional market value and Solatium. On appeal being filed by the Land Acquisition Officer, this Court in A.S.No.488 of 2000 by its judgment dated 05.03.2001, allowed the same in part determining the compensation for the acquired lands at Rs.40,000/- per acre uniformly for both categories of land holding that the claimant is entitled to statutory benefits under the amended act except to the interest on the market value, which will be subject to the ultimate decision by the apex court, which appears to be an inadvertent mistake in denying the payment of the interest on the market value, holding that the same will be subject to the ultimate decision of the apex court. The fact remains that the Hon’ble Supreme Court in Sunder v. Union of India[1] on 19.09.2001 held that the claimants are entitled to interest on the enhanced compensation determined under Section 23 of the Land Acquisition Act, 1894, which includes Solatium and additional market value. The same has been clarified by the Constitutional Bench in Gurupreet Singh v. Union of India[2] holding that whenever the award of the Reference Court or that of the appellate Court does not specifically refer to the question of interest on solatium or in cases where claim had not been made and rejected either expressly or impliedly by the reference Court or the appellate Court, and merely interest on compensation is awarded, then it would be open to the execution court to apply the ratio of Sunder’s case (1 supra) and say that the compensation awarded includes solatium and in such an event interest on the amount could be directed to be deposited in execution and the execution court will be entitled to permit its recovery from the date of judgment in Sunder’s case (1 supra), i.e., 19.09.2001. In view of the same, the claimant is entitled to interest at 9% per annum on the enhanced compensation from 16.12.1988 for a period of one year and thereafter at 15% per annum till the date of deposit. The claimant is entitled to interest on Solatium and additional market value on the enhanced compensation at 15% per annum from 19.09.2001 till the date of deposit. Accordingly, the impugned order passed by the Senior Civil Judge, Peddapuram is set aside and the matter is remitted to the trial court to calculate the interest, in the light of the directions as referred to above. Parties are at liberty to file their calculation memos before the trial court. With the above observation, the Civil Revision Petition is allowed. No costs. _______________ A. GOPAL REDDY, J 23rd July 2010 lmv [1] AIR 2001 SC 3516 [2] 2006(8) SCC 457