THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S.No.2435 of 2000 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) by the Land Acquisition Officer and Revenue Divisional Officer, Manthani, is directed against the order and decree, dated 24.02.2000, passed by the Senior Civil Judge, Peddapalli in O.P.No.27 of 1991, whereby the reference Court enhanced the market value of the acquired land to Rs.80,000/- per acre as against Rs.16,000/- per acre awarded by the Land Acquisition Officer. An extent of Ac.13.33 guntas of land situated at Manthani and Angulur Villages of Manthani Mandal, Karimnagar District was acquired for formation of coal belt road between Manthani and Godavarikhani. The draft Notification under Section 4(1) of the Act was published in the Gazette on 24.02.1989, whereas possession of the land was taken on 01.04.1985. The Land Acquisition Officer, after following the due procedure prescribed under the Act, passed an award vide Award No.1/90, dated 10.04.1991, fixing the market value of the acquired land at Rs.16,000/- per acre. Dissatisfied with the fixation of the market value, the claimants sought to refer the matter to the Civil Court under Section 18 of the Act. On such reference being made, the Civil Court numbered the same as O.P.No.27 of 1991 and issued notices to the claimants. In pursuance of the said notices, the claimants appeared before the Civil Court. Claimant No.3 filed a claim statement claiming compensation for the acquired land at Rs.2,00,000/- per acre, along with all statutory benefits. Claimant Nos.1, 2 and 4 to 32 filed a memo adopting the claim statement filed by claimant No.3. To substantiate the market value of the acquired land, on behalf of the claimants, the third claimant was examined as P.W.1 and four more witnesses were examined as P.Ws.2 to 5 and Exs.A.1 to A.7 were marked. On behalf of the Land Acquisition Officer, R.W.1 was examined and Ex.B.1-copy of award was marked. Taking into consideration the evidence of P.Ws.2, 3 and 5 and the transactions under Exs.A.1, A.2 and A.5 i.e., the certified copies of sale deeds dated 22.04.1987, 16.05.1989 and 30.05.1988 respectively, the Court below enhanced the market value of the acquired land from Rs.16,000/- to Rs.80,000/- per acre. Since possession of the acquired land was taken on 01.04.1985, the Court below awarded additional market value @12% per annum from the date of taking possession till the date of award and interest @9% per annum from the date of taking possession for a period of one year and thereafter @ 15% per annum till the payment of enhanced compensation. Aggrieved by the same, the Land Acquisition Officer preferred this appeal. At the hearing, it is brought to the notice of this Court by both the counsel that in A.S.No.2511 of 2000, which arose out of the judgment and decree dated 24.02.2000 passed by the Senior Civil Judge, Peddapalli in O.P.No.34 of 1993, whereunder for the lands acquired in the same village, draft notification under Section 4(1) of the Act was published in the Gazette on 14.08.1989, whereas possession of the land was taken on 20.09.1986, and the reference Court enhanced the market value of the acquired land from Rs.12,000/- to Rs.80,000/- per acre, this Court, by judgment dated 17.10.2008, while confirming the fixation of the market value by the reference Court, held that the claimants therein are entitled to additional market value from the date of issuance of notification i.e., from 14.08.1989 till the date of passing of award and interest @9% per annum on the enhanced compensation from the date of notification for a period of one year and thereafter @15% per annum till the date of realisation. Following the said judgment and for the reasons mentioned therein, fixation of the market value of the acquired land by the Court below in the instant case @ Rs.80,000/- per acre is confirmed. However, the impugned order is modified to the extent of awarding 12% additional market value and interest and the claimants are entitled to additional market value from the date of issuance of notification i.e., from 24.02.1989 till the date of passing of award and interest @9% per annum on the enhanced compensation from the date of notification for a period of one year and thereafter @15% per annum till the date of realisation. In the result, the appeal is partly allowed to the extent indicated above. There shall be no order as to costs. _______________________ A. GOPAL REDDY, J _______________________ K.S. APPA RAO, J Date: 11.08.2011 va