THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLESRI JUSTICE VILAS V. AFZUL PURKAR AS No.455/1998 Date of Order: 05-03-2010 Between: T. Pedda Linganna ..Appellant And Special Deputy Collector, Srisailam Project, Atmakur. ..Respondent The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLESRI JUSTICE VILAS V. AFZUL PURKAR AS No.455/1998 Judgment: (Per Hon’ble Sri Justice A.GOPAL REDDY) This appeal by the claimant under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) seeking enhancement of the compensation, is directed against the award and decree of the I Additional Subordinate Judge, Kurnool dt. 31-8-1984 passed in OP No.3154/1980. An extent of 682 sq.feet covered by house/hut belonging to the claimant was initially acquired by issuing a notification under Section 4(1) of the Act in the year 1965 for the purpose of submergence under Srisailam Project. Later, the same was de-notified and again notified in the year 1975 and ultimately acquired in 1978-79. The Land Acquisition Officer by his award No.59/78 dt. 3-11-1978 fixed the market value of the acquired site at Rs.0-04 paise per sq.ft and house at Rs.8066/-. Dissatisfied with the said fixation, the claimant sought for reference under Sec. 18 of the Act to the civil court, where it was numbered as OP No.3154/80. Before the reference court, on behalf of the claimant, R.Ws.1 and 2 were examined and Exs.B-1 was marked. On behalf of the Referring Officer, P.W.1 was examined and Exs.A-1 to A-7 were marked. The reference court while considering the evidence adduced by the parties, discarded Ex.B-1, whereunder 5 cents of house site was sold for a sum of Rs.2000/-, which works out to Rs.40,000/- per acre, on the ground that it is an exaggerated and exorbitant figure and the cost of one acre would be less than Rs.40,000/- at that point of time. Further, the sale deeds was brought into existence during the period when the lands were de- notified and re-acquired to claim higher compensation. After excluding Ex.B-1 from consideration and after taking into consideration the oral evidence, the reference court, on hypothetically enhanced the compensation 100% over and above the compensation granted by the Land Acquisition Officer with all statutory benefits. Though there is no sufficient evidence made available on record by the claimant, the reference court enhanced the compensation 100% over and above the compensation granted by the Land Acquisition Officer. In our view, it needs no interference. Since the reference is pending on the date of enforcement of Act 68 of 1984 before the reference court and it was decided after the Amending Act was enforced, the claimant is entitled to 30% solatium on the enhanced market value and interest at 9% for a period of one year from the date of taking possession till the date of payment and thereafter at 15%. The impugned award and decree stand modified in the above terms. The appeal is accordingly allowed in part. There shall be no order as to costs. _________________ A.GOPAL REDDY, J. ____________​__________ VILAS V AFZUL PURKAR, J. 05-03-2010 KMR