IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 5452 of 2008 Between: 1 Raju Penchala Reddy, S/o.Narasimha Reddy R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 2 Nagam Ramachandra Reddy S/o.Yella Reddy R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 3 Dulla Subba Reddy S/o.Venkataiah, R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 4 Patturu Rama Subba Reddy S/o.Sesha Reddy R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 5 Nagam Subba Reddy S/o.Yella Reddy R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 6 Nagam Yella Reddy S/o.Yella Reddy R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 7 Nagam Yella Reddy S/o.Pedda Subba Reddy R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 8 Patturu Sesha Reddy S/o.Govinda Reddy, R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 9 Nagam Rama Subba Reddy, S/o.Subba Reddy R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 10 Darisa Pullaiah S/o.Sesha Reddy R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 11 Paturi Veera Reddy S/o.Sesha Reddy R/o.Chenduvoy(V) Atloor(M) Kadapa Dist 12 Dulla Gangamma Died Her L.R Daughter Dulla Subba Lakshumma R/o.Chenduvoy(V) Atloor(M) Kadapa Dist ..... PETITIONERS AND 1 The Government of A.P, Rep.by its Secretary Irregation &CAD Department, Secretariat,Hyderabad 2 The Special Collector(LA) G.N.S.S. Sankarapuram,Kadapa Dist 3 The Special Deputy Collector(LA) Telugu Ganga Project,Unit-II Memillapalle,Kadapa Kadapa Dist .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ order or direction more particularly one in the nature of writ of Mandamus directing the respondents 1to 3 herein to award interest on the market value solatium and additional market value from the date of 4 of 28- applications i.e 7-7-2007 on par with the LAOP Nos.589/02 on the file of the Court of the IV Addl Dist Judge Kadapa and which was referred to Lok Adalath in LAC No.511 of 2006 dt.12-12-2006 on the file of the Dist Legal Services Authority Kadapa which was enhanced to 80% on the market value fixed by the L.A.O and pay the same to the petitioners herein in pursuance of their applications dt.7-12-2007 field under Section 28-A of the L.A.Act. Counsel for the Petitioners : MR. Y.VENKATASATYAM Counsel for the Respondents : GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.5452 OF 2008 ORDER : The houses and other structures belonging to the petitioners herein situated in Chenduvoy Village, Atloor Mandal, Kadapa District, were acquired under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’) for the purpose of foreshore submergence under 330 contour of Somasila Project. The notification under Section 4(1) of the Act was published on 2.1.1996 followed by a declaration under Section 6 of the Act dated 20.1.1997. Thereafter, compensation was determined vide Award No.21/1998-99, dated 21.1.1999. Aggrieved by the compensation awarded, some of the claimants covered by the notification dated 2.1.1996 sought reference under Section 18 of the Act. Pursuant thereto LAOP.No.589 of 2002 on the file of the Court of the IV-Additional District Judge, Kadapa, was registered and subsequently on reference to Lok Adalat, Kadapa, the same was numbered as LAC.No.511 of 2006 on the file of the District Legal Services Authority, Kadapa. After hearing both parties, the Lok Adalat, by order, dated 12.12.2006, enhanced the compensation by 80% on the market value fixed by the Land Acquisition Officer. It is stated that the petitioners herein, who could not seek reference under Section 18 of the Act, made an application under Section 28-A of the Act on 7.2.2007 for re-determination of the compensation on the basis of the Award passed in LAC.No.511 of 2006 on the file of the District Legal Services Authority, Kadapa. The said application was disposed of granting market value on the basis of the Award in LAC.No.511 of 2006 , however the interest on the market value at 9% for one year and 15% thereafter was erroneously awarded from the date of the application under Section 28-A of the Act instead of awarding interest from the date of notification under Section 4(1) of the Act. Aggrieved by the same, the present writ petition is filed. I have heard the learned counsel for the petitioners as well as the learned Government Pleader appearing for the respondents. There can be no dispute about the settled legal position that re-determination under Section 28-A of the Act shall be made on the basis of compensation awarded by Reference Court including the interest and other statutory benefits. It is brought to my notice that in identical circumstances W.P.No.13241 of 2008 was disposed of by this Court setting aside the order passed by the Land Acquisition Officer to the extent of awarding interest from the date of application under Section 28-A of the Act instead of the date of Section 4(1) notification. The fact that the petitioners herein are also similarly situated has not been disputed by the learned Government Pleader. In the circumstances, I deem it appropriate to dispose of the Writ Petition holding that the petitioners herein shall be entitled to interest in terms of the award passed by the Court in LAOP.No.589 of 2002, on the file of the Court of the IV- Additional District Judge, Kadapa, which was referred to Lok Adalat, Kadapa in LAC.No.511 of 2006 on the file of the District Legal Services Authority, Kadapa. Accordingly, the writ petition is disposed of. No costs. ______________ G. ROHINI, J. Dt. 24.07.2008 gbs