IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD AND HON’BLE SRI JUSTICE K. G. SHANKAR A.S.No.2377 of 1998 Between: Neeli Appa Rao .. Appellant AND The Land Acquisition Officer & Special Deputy Collector, Yeleru Reservoir Project, Unit-III, Peddapuram, East Godavari District .. Respondent JUDGMENT: (Per K.G. Shankar, J) The Land Acquisition Officer-cum-Special Deputy Collector, Yeleru Reservoir Project, Unit-III, Peddapuram, acquired various properties for the purpose of Yeleru Reservoir Project. An extent of Acs.3.17 cents in Sy.No.544 and an extent of Acs.5.27 cents in Sy.No.672/1 were acquired in this process. Compensation at Rs.12,000/- per acre was granted for the lands in Sy.No.544 as well as Acs.2.27 cents out of Acs.5.27 cents in Sy.No.672/1. Compensation was awarded at Rs.5160/- per acre for the remaining extent of Acs.3.00 of land in Sy.No.671/1. Having been aggrieved, the claimants sought for intervention of the Civil Court. The acquisitions were referred to the Senior Civil Judge, Peddapuram as O.P.Nos.56 and 57 of 1990. The learned Senior Civil Judge, Peddapuram, enhanced the market value to Rs.20,000/- per acre in respect of category-III lands and awarded benefits like solatium at 30% and additional market value at 12%, which are provided by the statute. Aggrieved by the value as determined by the reference Court through the common order dated 30-06-1998, the claimant in O.P.No.57 of 1990 preferred the present appeal. Sri M. Ram Mohan, learned counsel for the appellant and Sri S. Md. Haneef, learned Assistant Government Pleader for Appeals respectively represented the claimant and the Land Acquisition Officer and advanced their submissions. The land that is acquired is situate in Kambalapalem, hamlet of J. Annavaram village. The land falls within Category-III of the acquired lands being dry land. As already pointed out, the reference Court determined the market value of the acquired land at Rs.20,000/- per acre. Series of lands at J. Annavaram and surrounding villages were acquired by the Government for Yeleru Reservoir Project and series of land acquisition cases and appeals therefrom arose. In A.S.No.306 of 1989 and batch of cases, this Court considered that the market value of Category-III lands at J. Annavaram are Rs.20,000/- per acre. The certified copy of the judgment was exhibited as Ex.B.1 before the reference Court. Placing reliance upon the decision in Ex.B.1, the learned Senior Civil Judge, Peddapuram determined the market value of the lands of the claimants, which are Category-III lands at Rs.20,000/- per acre. Where the reference Court determined the market value of the acquired land on the basis of earlier decision of the Division Bench of this Court, the view of the reference Court cannot be found fault with. However, where the market value of the acquired property was already determined by the Division Bench of this Court in an earlier case in A.S.No.306 of 1989 covered by Ex.B.1, the claimant is not entitled to reopen the issue seeking for enhancement. The finding of the trial Court in this background determining the market value of the acquired property at Rs.20,000/- per acre is justified and needs no interference. However, the learned Senior Civil Judge, Peddapuram, did not grant interest on solatium and additional market value in accordance with the view of the Supreme Court as it was prevailing by the date of the impugned award. However, subsequently, the Supreme Court held in Sunder v. Union of India[1] that a claimant would be entitled to interest on additional market value and solatium also as much as on the principal market value. The claimant herein, therefore, is entitled to interest over the additional market value and solatium, apart from interest on the market value at 9% for one year from the date of Section 4 (1) notification and thereafter at 15% p.a. till payment. With this modification regarding the payment of interest, the rest of the claim of the claimant/appellant for enhancement of the market value as awarded by the reference Court is found to be devoid of merit and hence, the appeal is accordingly disposed of. No costs. _____________________ G. BHAVANI PRASAD, J ________________ K.G. SHANKAR, J Date: 20-01-2011 Ksn [1] 2001 (5) ALD 136