THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 14491 of 1997 Date: 21.11.2011 Between: Chittaluri Venkata Subba Rao and another. … Petitioners And The Land Acquisition Officer, East Godavari District. … Respondents HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 14491 of 1997 O R D E R : The land belonging to the petitioners admeasuring Ac.9.82 cents situated in Sy.No.81 of Yeleru Village, East Godavari District was acquired for the purpose of Yeleru Reservoir Project under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’). By award dated 25.06.1983 the market value of the said land was fixed and the compensation was paid to the petitioners. However, at the instance of the petitioners the matter was referred under Section 18 of the Act and O.P.NO.2 of 1984 was taken up by the Court of the Subordinate Judge, Peddapuram. By judgment dated 18.11.1985 passed in O.P.No.2 of 1984, the market value of the land was enhanced from Rs.8,000/- to Rs.15,000/- per acre. However, the claim of the petitioners for differential amount of interest and solatium was rejected by the civil Court. Aggrieved by the same, the petitioners filed W.P.No.4116 of 1997. The said writ petition was disposed of by this Court by order dated 07.04.1987 with a direction to the Land Acquisition Officer to consider and dispose of the petitioners’ application dated 20.12.1995 and the subsequent representation dated 26.01.1997 according to the provisions of the law within six weeks. In pursuance thereof, the petitioners got issued a notice dated 25.04.1997 requesting the respondents to pay the interest at the rate of 9% per annum for the first year from the date of taking possession and at the rate of 11% per annum for the subsequent period till the date of payment. The petitioners also sought payment of additional amount of 12% under Section 23 (1A) of the Act. The said request of the petitioners was rejected by the Land Acquisition Officer by order dated 12.05.1997 on the ground of pendency of C.R.P.No.2119 of 1997 arising out of E.P.No.92 of 1994 in O.P.No.2 of 1984. Subsequently, C.R.P.No.2119 of 1997 filed by the Land Acquisition Officer was dismissed by this Court by order dated 13.06.1997 as withdrawn. However, the Land Acquisition Officer by proceedings dated 02.06.1997 informed the petitioners that the request of the petitioners for payment of additional amount on differential interest as per the amendment Act, 68 of 1984 cannot be considered since Section 13-A (1) of the Act did not empower the Land Acquisition Officer to correct the clerical or arithmetical mistakes after a laps of six months. The said order dated 02.06.1997 is under challenge in this writ petition. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition appearing for the respondents. It is to be noticed that the amendment Act, 68 of 1984 has come into force with effect from 24.09.1984. As per Section 34 of the Act, as amended by Act 68 of 1984, the petitioners are entitled to interest at the rate of 9% per annum from the date of taking possession until the compensation is paid. Similarly, Section 23(1-A) of the Act, as inserted by Act 68 of 1984 in addition to the market value of the land the petitioners are entitled to receive additional amount calculated at the rate of 12% per annum on the market value for the period commencing on and from the date of publication of the notification till the date of the award of the Collector or the date of taking possession which ever is earlier. Admittedly, the award was passed on 25.06.1983 i.e. prior to the coming into force of Act 68 of 1984. Therefore, as rightly submitted by the learned counsel for the petitioners, the omission of the said benefits is not a clerical or arithmetical mistake within the meaning of Section 13-A (1) of the Act since as on the date of the award dated 25.06.1983, the Act 68 of 1984 did not come into force at all. It is only by virtue of the amendment brought out by Act 68 of 1984 the petitioners are entitled to the interest at 9% for the first year and at the rate at 15 % for subsequent years apart from the benefit of additional amount under Section 23(1-A) of the Act. It is also not disputed before this Court that by the date of commencement of Act 68 of 1984, O.P.No.2 of 1984 was pending on the file of the Court of the Subordinate Judge, Peddapuram. The law is well settled that the benefits under Section Act 68 of 1984 apply to all proceedings pending on the date of the said amendment Act. Therefore, the impugned order dated 02.06.1987 rejecting the request of the petitioners for grant of benefits under Act 68 of 1984 cannot be sustained. For the aforesaid reasons, the impugned order dated 02.06.1970 is hereby set aside and the writ petition is disposed of with a direction to the respondent-Land Acquisition Officer to calculate the amounts to which the petitioners are entitled to under Section 34 of the Act i.e. interest at the rate of 9% from the date of taking possession and the additional amounts payable under Section 23(1A) of the Act and pay the said amounts to the petitioners as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of this order. The Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J Date: 21.11.2011 KLP