IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE TWENTY SEVENTH [27H] DAY OF APRIL, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE A.GOPAL REDDY & HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2317 of 2000 Between: The Special Deputy Collector (LA) Srisailam Project, Kurnool … Appellant And: B. Subba Laxmamma & another … Respondents HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2317 of 2000 JUDGMENT:[Per AGR, J] Special Deputy Collector (Land Acquisition), Kurnool, is in appeal against the enhancement of compensation from Rs.1,800/-, awarded by the Land Acquisition Officer, to Rs.5,600/- per acre fixed by the Senior Civil Judge, Atmakur in LAOP No.665 of 1992 dated 06.07.1999. 2. An extent of Ac.4.31 guntas of land belonging to the respondents-claimants was acquired for the purpose of Srisailam Project by issuing draft notification under Section 4(1) of the Land Acquisition Act [for short ‘the Act’] on 14.03.1974 followed by the draft declaration under Section 6(1) of the Act, published in the A.P. Gazette on 11.09.1975. Possession of the land was taken on 31.12.1977. The Land Acquisition officer, after following due formalities, passed an award on 29.11.1977 fixing the compensation for the acquired land at Rs.1,800/- per acre as against the claim of Rs.10,000/- per acre by the claimants. The claimants, not satisfied with the fixation of the compensation, sought reference of the matter under Section 18 of the Act. On reference being made, on receipt of the notices from the Court, the claimants filed claim statements, seeking compensation at Rs.10,000/- per acre. 3. In order to prove the inadequacy of the market value, the claimant himself was examined as PW.1 and one more witness was examined as PW.2 and Exs.A.1 to A.4 were marked on his behalf. On behalf of the Referring Officer, the Special Deputy Collector (LA) was examined as RW.1 and copy of the award was marked as Ex.B.1. 4. PW.1 deposed that for the lands acquired for the same purpose i.e., Srisailam Project, the civil Court enhanced the market value and fixed the compensation at Rs.5,600/- per acre in OP No.4535 of 1987. Under Ex.A.1 registration copy of the sale deed dated 31.07.1970 an extent of Ac.1.50 cents of land was sold at Rs.8,500/- per acre. PW.2 is the attestor of the sale deed- Ex.A.1. RW.1 admitted in the cross-examination about the enhancement of the compensation for the similar lands at Rs.5600/- per acre in OP Nos.4535 of 1987 and batch dated 28.03.1991. He further admitted that in the Lok Adalath, the compensation was enhanced and fixed at Rs.7,000/- per acre in respect of similar lands which were acquired for Srisailam Hydro Electric Project. 5. In that view of the matter, fixation of the market value by the reference Court for the acquired lands at Rs.5,600/-, relying on Ex.A.1 registration copy of the sale deed dated 31.07.1970 and the earlier order passed in O.P.No. 4535 of 1987, is just and reasonable and the same do not call for any interference. 6. Since, the award itself was passed on 29.11.1977, the claimants are not entitled to 12% additional market value under Section 23(1A) of the Act, as rightly pointed out by the learned Government Pleader for Appeals. 7. We accordingly allow the appeal in part appeal to the extent of setting aside the award on additional market value at 12% per annum, but confirming the award in all other respects. It is needless to say that the claimants are entitled to interest at 9% per annum not only on the enhanced compensation but also on the 30% solatium as per law. No order as to costs. ________________ A.GOPAL REDDY, J __________________ G.V.SEETHAPATHY, J 27th April, 2010 Bss/lrkm