THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.27597 OF 2009 Dated: 31.08.2010 Between: Dandu Obul Reddy and 63 others. … Petitioners And The Special Collector, Land Acquisition, Telugu Ganga Project, Kadapa, Kadapa District and 2 others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.27597 OF 2009 ORDER : The petitioners seek a Mandamus directing the respondents 1 to 3 to award interest at 15% on the additional market value from the date of 4 (1) notification, dated 18.04.1981 to the date of realization instead of from the date of the applications made under Section 28-A of the Land Acquisition Act, 1894. The lands belonging to the petitioners were admittedly acquired vide Notification under Section 4 (1) of the Land Acquisition Act dated 18.04.1981 for a public purpose. By award dated 3.9.1986 the compensation to which the claimants were entitled to was fixed. At the instance of some of the claimants, matter was referred to the Civil Court under Section 18 of the Land Acquisition Act and after necessary enquiry LAOP.No.2442 of 1988 and batch was disposed of by the Court of Senior Civil Judge, Rajampet, Kadapa, by order dated 24.08.1998 enhancing the compensation in respect of houses and structures 80% over and above the market value fixed by the Land Acquisition Officer and awarding the statutory benefits such as interest on market value, solatium and additional market value. It is stated that the petitioners being illiterate could not seek reference under Section 18 of the Land Acquisition Act and having come to know about the order passed in LAOP.No.2442 of 1988 and batch they made applications under Section 28-A of the Land Acquisition Act for re-determination of compensation. Having entertained the same, by order dated 7.1.2008 the 2nd respondent ordered enhancement of market value to the petitioners on par with the claimants in LAOP.No.2442 of 1988 and batch, dated 24.08.1998. However, interest on the market value at the rate of 9% for one year and 15% thereafter was awarded from the date of the application under Section 28-A of the Land Acquisition Act i.e., 15.2.1999 instead of awarding interest from the date of 4 (1) notification i.e., 18.4.1981. Aggrieved by the same, the present writ petition has been filed. I have heard the learned counsel for the petitioners as well as the learned Government Pleader appearing for the respondents. In identical circumstances, a Division Bench of this Court in W.A.Nos.1765 and 1785 of 2008 by judgment dated 12.2.2009 negatived the contention on behalf of the State that the payment of interest in an award passed under Section 28-A of the Land Acquisition Act shall be restricted to the period from the date of filing of the applications. The Division Bench observed that as the statute conferred a benefit on the claimants for re-determination of compensation on the basis of award passed by the Court, no further distinction can be drawn between the parties who sought for reference and those who have not. In the light of the law laid down by the Division Bench, the impugned order dated 7.1.2008 to the extent of denying the interest on the market value for the period from the date of 4(1) notification cannot be sustained and it is declared that the petitioners herein shall be entitled to interest on par with the claimants in LAOP.No.2442 of 1988 and batch dated 24.08.1998 from the date of 4 (1) notification. Accordingly, the Writ Petition is disposed of modifying the impugned order dated 7.1.2008 to the extent mentioned above. The respondents shall pay the amounts to which the petitioners are entitled to in terms of this order as expeditiously as possible preferably within a period of 8 weeks from the date of receipt of a copy of this order. No costs. _____________ G. ROHINI, J. Dt. 31.08.2010 gbs