THE HON’BLE SRI JUSTICE G. BHAVANI PRASAD AND THE HON’BLE SRI JUSTICE K.G. SHANKAR A.S.No. 101 of 2002 Date: 23.12.2010 Between: The Land Acquisition Officer and Special Deputy Collector, YRP Unit-III, Peddapuram. .. Appellant/ Referring Officer AND Kesamsetti Raja Rao (died) and 6 others .. Respondent/ Claimant THE HON’BLE SRI JUSTICE G. BHAVANI PRASAD AND THE HON’BLE SRI JUSTICE K.G. SHANKAR A.S.No.101 of 2002 JUDGMENT (per Hon’ble Sri Justice K.G. Shankar): The lands situate in Krishnavaram village of Kirlampudi Mandal was acquired for Yeleru Reservoir Channel. The value of the land acquired determined at Rs.17,000/- per acre and Rs.28,500/- per acre for different categories was questioned by the owners of the property, through a reference under Section 18 of the Land Acquisition Act before the Senior Civil Judge, Peddapuram. The learned Senior Civil Judge, Peddapuram passed common judgment in OP Nos. 49 to 52, 54 to 56, 58 to 63, 65 and 66 of 1993 on 30.12.2010. 2. The reference Court determined the market value of the property at Rs.50,000/- for wet land per acre and at Rs.40,000/- for dry land by allowing the claims of various claimants in part. The State preferred this appeal in respect of the claim of the claimant in O.P.No.51 of 1993. 3. Sri S. Md. Haneef, Assistant Government Pleader for Appeals representing the appellant and the learned counsel for the respondents are heard. 4. The reference Court determined the market value of the property on the basis of the judgment of this Court in A.S.No.2052 of 1998 and batch dated 11.10.1999. The batch of judgments related the acquisition of lands situate in J. Annavaram, Ramanayyapeta, Lakkavaram and Marriveedu. The Division Bench of this Court determined the market value of wet lands in these areas at Rs.50,000/- per acre and the market value of dry lands in these areas at Rs.40,000/- per acre. The land in question in the present appeal is situate in Krishnavaram village, which is adjoining village of the villagers covered by the judgment of the Division Bench of this Court. The value of the acquired property therefore deserves to be in accordance with the value as determined by the Division Bench of this Court in its judgment dated 11.10.1999. The learned reference Judge precisely adopted this method and determined the value of the acquired lands at Rs.50,000/- per acre for wet land and Rs.40,000/- per acre for dry land. 5. Where the reference Court determined the market value of the property in terms of the judgment of the Division Bench of this Court, the same is not amenable for questioning, where the acquired lands are situate in an adjoining village to the villagers where the lands acquired in the case before the Division Bench of this Court are situate. 6. Consequently, the determining of the market value at Rs.50,000/- for wet land and at Rs.40,000/- per acre for dry land by the learned reference Judge is definitely justified and deserves to be confirmed. 7. The State is not entitled to questioning the market value as determined by the learned reference Judge in this background. The appeal accordingly is devoid of merits and deserves to be dismissed. 8. It may be pointed out that the learned reference Judge did not grant interest over the additional market value and solatium, in view of the then prevailing view of the Supreme Court. The Supreme Court subsequently has taken the view in Sundar v. Union of India[1] that the claimants in land acquisition cases would be entitled to interest over the additional market value and solatium also. The claimant in the present case would be entitled to interest on the additional market value and solatium also as awarded by the learned reference Judge. 9. The appeal is devoid of merits and is accordingly dismissed. No costs. ________________ G. Bhavani Prasad, J ________________ K.G. Shankar, J Date: 23.12.2010 Isn [1] 2001 (5) ALD 136