THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.22764 OF 2010 DATED: 29.06.2011 Between: Shaik Nabi Rasool and 41 others. … Petitioners And 1. The Special Deputy Collector (LA) TGP Unit-1, Kadapa, and 2 others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.22764 OF 2010 ORDER: This writ petition is filed seeking a declaration that the Award dated 31.10.2009 made by the respondent No.1 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 different extents of land situated in Chenduvoi Village, (Bedusupalli) Atloor Mandal, Kadapa District. By Notifications dated 5.5.1992, 30.04.1993 and 9.7.1993 published under Section 4 (1) of the Land Acquisition Act, 1894, the said lands were acquired for the purpose of foreshore submergence under Somasila Project. By separate Awards, dated 3.3.1994 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 notifications, sought reference under Section 18 of the Act. Pursuant thereto, O.P.No.296 of 2002 on the file of the Court of the IV- Additional District Judge, Kadapa, was registered, which was subsequently re-numbered as LAC No.67 of 2007 on reference to the Special Lok Adalat, Kadapa. By order dated 19.2.2007 the Special Lok Adalat granted enhancement of 80% on 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 an application on 9.65.2007 under Section 28-A of the Land Acquisition Act for re-determination of the compensation in respect of their lands. Aggrieved by the inaction on the part of the respondents in considering the said application, the petitioners herein filed W.P.No.29073 of 2008 and the same was disposed of by this Court by order dated 21.01.2009 with a direction to consider the applications of the petitioners dated 9.5.2007 and pass appropriate orders as per law within six weeks. In pursuance thereof, the 1st respondent by order, dated 31.10.2009 awarded the same market value that was allowed to the claimants in L.A.O.P. No.296 of 2002 (LAC.No.67 of 2007). However the 1st respondent awarded interest only from the date of the application under Section 28-A i.e., 9.5.2007. 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 application 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 District Lok Adalat, Kadapa in LAC. No.67 of 2007, dated 19.2.2007 (LAOP.No.296 of 2002). Accordingly, the impugned order passed by the 1st respondent, dated 31.10.2009, 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 District Lok Adalat, Kadapa in LAC. No.67 of 2007, dated 19.2.2007 (LAOP.No.296 of 2002). 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. 29.06.2011 gbs