IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTYNINETH DAY OF DECEMBER TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD AND HON’BLE SRI JUSTICE K. G. SHANKAR A.S.No.8 of 2002 Between: Saladai Venkataramana .. Appellant AND The Land Acquisition Officer-cum-Special Deputy Collector, Peddapuram .. Respondent JUDGMENT: (Per. K.G. Shankar, J) The Senior Civil Judge, Peddapuram passed order on 6-8-1999 in O.P.No.322 of 1991 with reference to the reference under Section 18 of the Land Acquisition Act, 1894 in the claim by the claimant. The house site admeasuring 44 square yards together with thatched house and the cattle shed in Lakkavaram village belonging to the claimant was acquired for Yeleswaram Reservoir Project through Section 4 (1) notification. The value of the property was determined at Rs.8/- per square yard by the Land Acquisition Officer. He also determined the value of the thatched house at Rs.3,062/- and cattle shed at Rs.1399/-. The claimant was not agreeable for the valuation of the acquired property as arrived at by the Land Acquisition Officer. He consequently, got the compensation referred to the Civil Court under Section 18 of the Land Acquisition Act. Before the Senior Civil Judge, Peddapuram, the Land Acquisition Officer did not choose to examine any one. The claimant examined himself as RW.1 and examined another witness as RW.2. He placed a reliance on a Registered Sale deed executed by Sk. Hussain Saheb towards comparable sale. The learned Senior Civil Judge, Peddapuram rejected the claims so far as the value of the house site is concerned. He enhanced the market value of the thatched house and cattle shed jointly at Rs.6,246/-. He also granted additional market value and solatium. The reference Court did not grant any interest on the additional market value and on the solatium. Aggrieved by the same, the present appeal is laid by the claimants whose lands were acquired. Heard Sri V. Manohar Rao, learned counsel for the claimant and Sri Karanam Ramesh, learned Government Pleader for appeals. The learned counsel for the claimant drew our attention to the judgment of the Division Bench of this Court in A.S.No.1137 of 2000, dated 23-6-2010. When the land, house and house sites were acquired under the same award and the question came up before the Division Bench of this Court, this Court relying on the earlier decision of this Court in A.S.Nos.1081, 1101 and 1121 of 2000, dated 17-10-2008 determined the market value of the acquired property at 80% over and above the market value as fixed by the Land Acquisition Officer. The Division Bench also granted statutory benefits like interest on the enhanced compensation, additional market value and solatium. Where the present acquisition is for the same purpose and where the land in dispute is under the same notification and also covered by the same award, the claimant herein is also entitled to the same amount of compensation as awarded by the Division Bench of this Court in A.S.No.1137 of 2000. Accordingly, the appellant herein is entitled to the enhanced compensation at 80% over and above the amount of compensation awarded by the Land Acquisition Officer for the thatched house and the cattle shed. The claimant is entitled to additional market value and solatium also over the enhanced amount. The claimant is also found to be entitled to interest over the enhanced market value as well as additional market value and solatium. The appeal is allowed accordingly. No costs. _____________________ G. BHAVANI PRASAD, J ________________ K. G. SHANKAR, J Date: 29-12-2010 Ksn