IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTYTHIRD DAY OF DECEMBER TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD AND HON’BLE SRI JUSTICE K. G. SHANKAR A.S.No.136 of 2002 Between: Land Acquisition Officer and Special Deputy Collector, Y.R.P. Unit-III, Peddapuram .. Appellant AND Kommina Satyanarayana @ Abbulu .. Respondent JUDGMENT: (Per. K.G. Shankar, J) The Land Acquisition Officer-cum-Special Deputy Collector, Y.R.P. Unit-III, Peddapuram, preferred this appeal impugning the order of the reference Court in L.A.O.P.No.217 of 1996 dated 16-2-2001. The referring Court disposed of L.A.O.P.No.216 to 224 of 1996. Perused the common order. The present appeal however arises out of L.A.O.P.No.217 of 1996. An extent of Ac.3.12 cents in Sy.No.612/1 and an extent of Ac.5.75 cents in Sy.Nos.613/2, at J. Annavaram village were acquired in connection with submersion of Yeleru Reservoir Project. The respondent herein was the owner of the property in an extent of Ac.3.12 cents in Sy.No.612/1. He was also the owner of Ac.0.75 cents of Sy.No.613 of 2002. The claimant herein examined himself as PW.1. PW.2 is the vendee of Ac.0.88 cents property under Ex.A.2 sale deed. The Land Acquisition Officer examined RW.1 on his side. Basing on Ex.A.1-certified copy of the judgment of the High Court in respect of the neighbouring lands where the market value of the property was determined at Rs.40,000/- per acre in respect of dry lands, the Referring Officer determined the market value of the property at Rs.40,000/- per acre. He, however, did not grant interest over the additional market value and solatium that was ordered along with the value of the property as determined by the Referring Officer in the light of the prevailing view of the Supreme Court at that time that the claimants were not entitled interest over additional market value and solatium. Aggrieved by the judgment, the Land Acquisition Officer preferred the present appeal. Smt. A.B. Lalitha, learned Assistant Government Pleader and Sri S. Subba Reddy, learned counsel representing Sri V.L.N.G.K. Murthy, learned counsel, advanced submissions in favour their respective claims. The learned Assistant Government Pleader contended that the value of the acquired property at Rs.40,000/- by the reference Court is not just and proper. It may be pointed out that the reference Court based its award on an earlier judgment of this Court marked as Ex.A.1 where the value of the neighbouring lands were determined at Rs.40,0000/- per acre for the dry lands. When the learned Senior Civil Judge, Pithapuram was following the earlier judgment of this Court in determining the market value of the acquired property, the finding of the reference Court is perfectly justified and is not amenable for re-consideration. The learned Senior Civil Judge, therefore, was perfectly justified in determining the market value of the acquired property at Rs.40,000/- per acre for the dry lands in view of the earlier judgment of this Court. Consequently, there are no merits in this appeal as the market value cannot be reduced below Rs.40,000/- per acre. It may be pointed out that in view of the subsequent observations of the Supreme Court after the impugned judgment that the claimants would be entitled to interest over additional market value and solatium apart from interest over the market value of the property acquired, the respondent herein whose lands were acquired is entitled to the statutory benefits of interest over not only the market value of the acquired property but also over the additional market value and solatium as well. The main appeal is found to be devoid of merit and is accordingly dismissed. No costs. _____________________ G. BHAVANI PRASAD, J ________________ K. G. SHANKAR, J Date: 23-12-2010 Ksn