IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT: THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4370 OF 2010 BETWEEN: P. Prabhakar Rao S/o. Venkanna Joshi and others …. Petitioners AND The Government of Andhra Pradesh, Rep. by its Special Deputy Collector (LA), Singoor Project. …. Respondent THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4370 OF 2010 ORDER: The petitioners have filed this writ petition, seeking to declare the action of the respondent in not calculating the interest on the solatium while making deposit as per the decrees granted by the Civil Court in OP Nos.14/88, 15/88, 149/87, 160/87, 161/87 and 162/87 on the file of the Subordinate Judge, Medak, as illegal and arbitrary, and consequently, to direct the respondent to calculate the interest as ordered by the Civil Court, not only on the principal enhanced compensation amount, but also on the 30% solatium amount and deposit to the credit of the above mentioned cases. 2. Heard learned counsel for the petitioner and the learned Government Pleader for Land Acquisition, appearing for respondent. 3. The petitioners are the owners of lands in different survey numbers at Khadrabad Village of Regode Mandal in Medak District and as their lands were going to be submerged in Singoor Project, proceedings were initiated under the Land Acquisition Act, 1894 (for short ‘the Act) for acquisition of said lands. The respondent, being the Land Acquisition Officer, has conducted an enquiry and passed the award, fixing the compensation at the rate of Rs.5,000/- per acre. Aggrieved by the said Award, the petitioners sought for a reference to the Civil Court, under Section 18 of the Act. Accordingly, the matters were referred to the Civil Court in OP Nos.14/88, 15/88, 149/87, 160/87, 161/87 and 162/87, and the Civil Court has increased the compensation to Rs.12,500/- per acre and also granted 30% solatium, and further, interest at 9% per annum on the compensation amount, including 30% solatium, for one year from the date of taking possession of the lands, and thereafter, at 15% per annum till the date of realization, and the Civil Court further awarded 12% additional amount from the date of notification till the date of realization. Aggrieved by the judgment of the Civil Court, the respondent carried the matter in appeal to this Court in A.S. No.2711 of 1990 and batch. 4. This Court, initially granted stay on condition of respondent depositing 50% of the enhanced compensation amount as awarded by the Civil Court, and accordingly, the respondent deposited 50% of the awarded amount, including solatium. On 26-10-1997, this Court dismissed the appeals by confirming the decree of the Civil Court, enhancing the compensation. 5. In this writ petition, the limited grievance of the petitioners is that after dismissal of appeals by this Court, the respondent is required to deposit the remaining 50% of the compensation and the solatium with interest as awarded by the Civil Court, but, while depositing the remaining 50% of the compensation, the respondent has not calculated the interest on solatium. 6. As much as the Civil Court has already passed the decree, granting interest on solatium, the petitioners have to approach such Court and initiate execution proceedings, but they cannot agitate such a grievance in this writ petition filed under Article 226 of the Constitution of India, and that too, nearly after more than 12 years of disposal of first appeals by this Court in A.S. No.2711 of 1990 and batch, on 26-10-1997. 7. In that view of the matter, keeping it open to the petitioners to take appropriate steps before the Civil Court, this Writ Petition is dismissed. No order as to costs. _____________________ R. SUBHASH REDDY, J February 25, 2010. KTL