THE HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P.No.802 of 2010 ORDER: This Civil Revision Petition is directed against the order, dated 15-09-2009, passed in OEP No.63 of 1998 in O.P.No.22 of 1982 by the Principal Senior Civil Judge, Tirupati. The petitioner herein is the Land Acquisition Officer and the respondents herein are the claimants. The land and building of the respondents in T.S.Nos.20 and 3/2 of Tirumala Village, Tirupati, were acquired, pursuant to 4(1) Notification issued on 22-07-1976 and possession was taken on 13-08-1976. Thereafter, Award No.5 of 81 was passed on 10- 09-1981, fixing the market value of the land at Rs.680/- and building at Rs.72,275/-. Aggrieved thereby, the claimants filed a petition under Section 18 of the Land Acquisition Act, 1894 (for short “the Act”) to refer the matter to the Civil Court for enhancement of the compensation. Accordingly, the matter was referred to the Civil Court. On reference, the Civil Court, disposed of O.P.No.22 of 82 by order, dated 15-06-1989, which reads as follows:- “In view of the above discussion, I hold that the claimants are entitled for Rs.4,624/- for the vacant site of 68 sq. feet @ Rs.68/- per sq. feet and Rs.2,64,000/- for the built up area of 922 sq. feet of both ground floor and first floor by capitalisation method, the total of which comes to Rs.2,68,624/-. In the result, the Award is passed under Section 26 of the Act for Rs.2,68,624/- for the vacant site of 68 sq. feet and built up area of 922 sq. feet of both first and ground floor as market value on the date of notification with solatium at 30% and 12% per annum as additional market value and interest @ 9% per annum for one year from 13-08-76, the date of the possession and at 15% per annum from 13-08-1977 till the date of payment on the enhanced compensation with costs. The claimants are also entitled for equitable compensation of 4% on the compensation amount awarded for the delay in passing the award of five years from the date of taking possession till date of passing award in addition.” Aggrieved thereby, the Land Acquisition Officer filed an appeal before this Court in A.S.No.2602 of 89 and this Court by order, dated 01-07- 1987, allowed the appeal in part awarding compensation for the building at Rs.2,16,000/- instead of Rs.2,64,000/- and also held that the claimants are also entitled for solatium and interest as per the amended provisions of Sections 23 and 28 of the Act. It is further held that the claimants are entitled for interest @ 4% per annum on Rs.76,275/-. To execute the said order in O.P., as modified by this Court, the claimants filed O.E.P.No.63 of 98 in L.A.O.P.No.22 of 1982 on the file of the Principal Senior Civil Judge, Tirupati. The learned Judge vide its order, dated 15-09-2009, held that the claimants are entitled for the benefit as per the amended provisions of Sections 28 and 34 of the Act, Aggrieved by the same, the present Civil Revision Petition is filed by the Land Acquisition Officer contending that Sections 28 and 34 of the Act are amended with effect from 24-09-1984 and the possession of the land was taken long prior to the said amended provisions and, therefore, the claimants are entitled for the interest as per the un-amended provisions of Sections 28 and 34 of the Act. I am unable to accept the said contention of the learned Government Pleader, as the Reference Court in its order, dated 05-06-1989 held that the claimants are entitled for interest @ 9% per annum on the enhanced compensation for one year and @ 15% per annum after expiry of one year for non-payment of the enhanced compensation. Though the Reference Court has not specifically stated that the claimants are entitled for the benefits as per the amended provisions of the Act, the effect of the amended provisions have been mentioned, while passing the order. In fact, on an appeal filed by the Land Acquisition Officer, a Division Bench of this Court held that the claimants are entitled for the benefits of solatium and interest as per the amended provisions of Sections 23 and 28 of the Act. As per Section 28 of the Act, the claimants are entitled for interest @ 9% per annum from the date on which the Land Acquisition Officer took possession of the land to the date of payment of enhanced compensation into the Court and if such enhanced compensation is not paid within one year, the claimants are entitled for interest @ 15% per annum on the expiry of one year. As per Section 34 of the Act, the claimants are entitled for interest @ 9% per annum on the amount of compensation and if the compensation is not paid, after expiry of one year, the claimants are entitled for interest @ 15% per annum. Therefore, I am of the opinion that the court below had rightly held that the claimants are entitled for solatium and interest as per the amended provisions of the Act. Hence, I do not see any infirmity legal or otherwise in the impugned order, so as to call for interference by this Court. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ___________ 09-07-2010 Prv