THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.1137 of 2000 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) The appellant is the claimant in O.P.No.320 of 1991 on the file of the Senior Civil Judge, Peddapuram. The house along with the site of the appellant was acquired, pursuant to the Notification issued under Section 4(1) of the Land Acquisition Act, dated 12-11-1987, and the Land Acquisition Officer passed an award fixing compensation for the house at 5,146/- and for the house site at Rs.8/- per sq. yard. On reference, the Civil Court in the said O.P. by judgment, dated 06-08-1999, enhanced compensation from Rs.5,146/- to Rs.7,204/- apart from granting other statutory benefits, interest and solatium over the enhanced amount. Dissatisfied by the said Award, the claimant filed the present appeal. Learned counsel appearing for the appellant submits that the Reference Court enhanced compensation in respect of the house at 40%, but the appellant is claiming 100% enhancement over and above the market value fixed by the Land Acquisition Officer. During the course of arguments, both the learned counsel appearing for the respective parties submit that the houses situated at Lakkavaram Village, East Godavari District, were acquired pursuant to 4(1) Notification, dated 12-11-1987, and a common award was passed on 20-07-2988 fixing the market value of the house at Rs.8/- per sq. yard and various amounts for the houses. On reference, the Civil Court only enhanced compensation in respect of the houses at 40% over and above the market value fixed by the Land Acquisition Officer. It is further stated that against the orders in O.P.Nos.242 of 1990, 245 of 1990 and 319 of 1990, the claimants therein filed appeals before this Court and this Court in A.S.No.1081, 1101 and 1121 of 2000 by order, dated 17-10- 2008, while taking into consideration the order issued by the Government in G.O.Rt.No.101, dated 20-02-2006, not to contest the awards where enhancement is made from 80% to 100% over and above compensation fixed by the Land Acquisition Officer, fixed the market value at 80% over and above the market value fixed by the Land Acquisition Officer in respect of the houses only, apart from entitlement of all other statutory benefits including interest on enhanced compensation and solatium. Following the aforesaid judgment, as the house acquired in the instant case is also covered by the very same award and covered by the very same Notification, we allow the appeal fixing the market value of the house at 80% over and above the market value fixed by the Land Acquisition Officer. The claimant is also entitled to all statutory benefits including interest on the enhanced compensation and solatium. There shall be no order as to costs. ________________ V.ESWARAIAH, J _______________ NOUSHAD ALI, J Date: 23-06-2010 Prv