IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD and HON’BLE SRI JUSTSICE K.G. SHANKAR Appeal Suit No.3728 of 2000 Between: The Land Acquisition Officer and Special Deputy Collector (L.A.), Y.R.P. Unit.III, Peddapuram .. Appellant AND Chodisetty Narayanarao .. Respondent JUDGMENT: (Per K.G. Shankar,J) The Senior Civil Judge, Peddapuram passed the award in O.P. No.66 of 1992 fixing the market value of the property at Rs.40,000/- per acre when the land in an extent of Ac.4.91 cents in S.No.419/2 of J. Annavaram was acquired for the purpose of Yeleru Reservoir Project. The land situating in the same area was acquired in various other proceedings including the proceedings in O.P. No.410 of 1990 on the file of the same Court. In O.P. No.410 of 1990, the learned Senior Civil Judge, Peddapuram determined the market value at Rs.50,000/- per acre. When the determination was questioned before the High Court in A.S. No.1015 of 2001, a Division Bench of the Andhra Pradesh High Court through the judgment dated 27-12-2006 dismissed the appeal holding that there were no infirmities in the judgment of the learned Senior Civil Judge, Peddapuram in determining the market value at Rs.50,000/- per acre. The Senior Civil Judge fixed the market value at Rs.50,000/- per acre by adopting the value as determined by the High Court in earlier proceedings. Consequently, the Division Bench confirmed the orders in O.P. No.410 of 1990 of the learned Senior Civil Judge, Peddapuram. The present acquisition also relates to the same purpose. The lands are also situate in an adjoining village. The learned counsel for the respondent Sri V. Manohar Rao submitted that the learned Senior Civil Judge, Peddapuram has relied upon the same decision of the High Court of Andhra Pradesh referred to as Exs.R.1 and R.2 and determined the value at Rs.40,000/- per acre for dry lands and that the impugned judgment, therefore, was perfectly justified. Where the trial Court adopted the value of the property in terms of the values as fixed by the High Court through the judgments in Exs.R.1 and R.2 in respect of identical lands, we see no reason to differ from the view taken by the learned Senior Civil Judge, Peddapuram. The judgment under impugnment is perfectly justified. There are no merits in this appeal. One curious facet of the case is that the learned Senior Civil Judge did not grant interest on the additional market value and solatium as per the judicial view at the time of the award. The Supreme Court subsequently considered that the claimants would be entitled to interest over the additional market value and solatium also, which has been the view ever since. Therefore, it is made clear that the claimants are entitled to interest as provided by the Statute. So far as the main appeal relating to the award by the leaned Senior Civil Judge, Peddapuram is concerned, it is found that the orders of the Senior Civil Judge, Peddapuram are perfectly correct and do not need to be interfered with. The appeal, accordingly, is found to be devoid of merits and is, therefore, dismissed. No costs. _____________________ G. BHAVANI PRASAD, J _______________ K.G. SHANKAR, J Date: 22-12-2010 Svv