HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.2383 of 2009 Date: February 11, 2010 Between: Koduri Subba Rao, S/o. Raghavulu, Aged 37 years, R/o. Nallajerla, West Godavari District, rep. by G.P.A., Holder Bikkini Veera Jaya Babu, S/o. Bhupathi Rao, West Godavari District … Petitioner And State of Andhra Pradesh, rep. by District Collector, West Godavari District, at Eluru, and two others … Respondents Order: The petitioner seeks a Writ of Mandamus directing the respondents to pay interest on the compensation amount of Rs.79,286/-, awarded to him pursuant to Award dated 14-08-2008, passed in Roc.A.62/2002. The petitioner was the owner and possessor of Ac.1.00 cents of land in R.S.No.663/3 of Nallajerla village, West Godavari District. The said land was acquired for the purpose of Y.R. project, which is a part of acquisition in a total extent of Ac.38.11 cents in Nallajerla village. Pursuant to acquisition, a consent award was passed in Award No.1 of 2004 on 21-01-2004, awarding compensation of Rs.80,000/- per acre for the acquired lands. Though compensation with regard to 56 coconut trees which were existing in Ac.1.00 cents of land, belonging to the petitioner, was fixed at Rs.79,266/-, no compensation was paid for the value of the trees. As such, the petitioner, earlier, approached this court by way of W.P.No.16911 of 2005, seeking directions for payment of compensation for the 56 coconut trees existing in the said land, which was acquired. This court, by order dated 07-07-2008, in W.P.No.16911 of 2005, directed the respondents to pass a supplemental award on the basis of material on record with regard to existence of coconut trees. The said order has become final. Consequent to the directions of this court in the said writ petition, a supplemental award to the original award is passed in proceedings Roc. A.62/2002 on 14-11-2008, determining the compensation payable to the petitioner with regard to coconut trees for an amount of Rs.79,286/- and the same is ordered to be paid to the petitioner herein. In this writ petition, it is the case of the petitioner that as much as the award is passed under the provisions of the Land Acquisition Act, 1894, he is also entitled for award of interest on the amount of Rs.79,286/- towards the value of the trees acquired. Counter affidavit is filed by the Revenue Divisional Officer on behalf of the respondents. In the counter affidavit, while, generally, denying the allegations of the petitioner, it is stated that the writ petition, as filed, is not maintainable and if the petitioner is aggrieved by the award dated 14-08-2008, the remedy available to him is to make an application for reference under Section 18 of the Land Acquisition Act, 1894. It is pleaded that as much as consent award is already passed under Section 11(2) of the Land Acquisition Act, 1894, awarding a package compensation of Rs.80,000/- per acre, including the standing trees on the land, as such, the petitioner is not entitled for any interest on the value of trees, under Section 34 of the Land Acquisition Act, 1894. I have perused a copy of the order passed by this court in W.P.No.16911 of 2005. Even in the earlier round of litigation, it was the case of the respondents that the petitioner is not entitled for award of any further compensation towards the value of the trees, in view of the consent award passed for fixing the compensation at Rs.80,000/- per acre. It is stated that the compensation awarded as per the consent award includes the value of the trees standing on the land in question. But, however, after perusing the original records and the proceedings of the negotiation committee, this court, by recording finding that, while passing the award also, value of the trees was not taken into consideration, issued directions to the respondents to pass a supplemental award by assessing the value of the trees which were existing in the land. Even the supplemental award, which is passed in view of the directions issued by this court, is under the provisions of the Land Acquisition At, 1894, as much as the land in question was notified under the provisions of the said Act. With regard to the compensation amount, which is to be payable pursuant to the award, the claimants are entitled to interest, under Section 34 of the Land Acquisition Act. Though it is contended on behalf of the respondents that a remedy of reference is available to the petitioner under Section 18 of the Land Acquisition Act, 1894, but, in absence of any factual dispute, and as the petitioner is seeking benefit of interest, which is provided under Section 34 of the Land Acquisition Act, 1894, I am of the view that there is no bar for him to seek directions for payment of interest, which is a statutory benefit, on the amount which is awarded consequent to passing of the supplemental award. The other objection of the respondents, namely, that the petitioner is not entitled to any interest on the ground that he was already awarded compensation as a package cannot be accepted, as similar contention advanced in the earlier round of litigation is not accepted by this court in W.P.No.16911 of 2005. In that view of the matter and when the said order has become final, while passing the supplemental award, there is no reason or justification in not awarding interest to the petitioner. In the circumstances, this writ petition is disposed of directing the respondents to pay interest at the rate of 9% per annum on the compensation amount of Rs.79,286/-, awarded to the petitioner, for a period of one year, and 15% thereafter, till compensation is paid to him. Interest, as indicated above, shall be paid to the petitioner within three months from the date of receipt of this order. The writ petition is accordingly disposed of. No order as to costs. ___________________ R. SUBHASH REDDY, J February 11 , 2010 MRR