HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2262 OF 1999 Dated: 29-03-2010 Between: Smt. K.Vinutha Appellant AND The Land Acquisition Officer, HUDA, Hyderabad. Respondent. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2262 OF 1999 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal is preferred by the claimant under Section 54 of the Land Acquisition Act, 1894 (for short ‘Act’) questioning the order and decree of I Additional Subordinate Judge, R.R.District at Saroornagar, Hyderabad made in O.P.No.137 of 1989, dated 4.3.1997. An extent of Ac.5.06 gts. of land, situated in Kharmanghat Village, R.R.District was acquired by Hyderabad Urban Development Authority for formation of Inner-ring Road, out of which, an extent of 453 sq.yds. belonged to the claimant-appellant herein was also acquired, by issuing draft notification under Section 4(1) of the Act. The Land Acquisition Officer, after conducting due enquiry and after obtaining necessary sale statistics, passed an award fixing the market value of the acquired land at Rs.10/- per sq.yd. and by deducting 1/3rd therefrom towards lay out losses, fixed the net market value at Rs.6.67 ps. per sq.yd. Aggrieved by the said fixation of the market value, the claimant filed an application under Section 18 of the Act for referring the matter to the civil Court for due determination of the market value of the acquired land. On reference being made, the claimant appeared before the reference Court and filed claim statement claiming compensation at the rate of Rs.250/- per sq.yd. The reference Court by the impugned order fixed the market value of the acquired land at Rs.30/- per sq.yd. without any deductions towards lay out losses and awarded the additional amount at 12% per annum together with statutory benefits. Feeling aggrieved, the present appeal has been filed by the claimant. Learned counsel appearing for the appellant-claimant would contend that for the lands acquired by the very same notification, the market value fixed by the reference Court at Rs.30/- per s.yd. has already been confirmed by this Court, but however, interest was awarded not only on the enhanced compensation but also on the additional market value and solatium, which the reference Court did not award in the present case. Learned Government Pleader for Land Acquisition has not disputed the factum of claimant’s entitlement of interest not only on the enhanced compensation but also on the additional market value and solatium as per the law declared by the Apex Court in Sunder v. Union of India[1]. In that view of the matter, while confirming the fixation of the market value by the reference Court, we modify the decree passed by it by awarding interest not only on the enhanced compensation but also on the additional market value and solatium. The appeal is accordingly allowed in part. No costs. ________________ A. GOPAL REDDY, J. __________________ MARCH 29, 2010 G.V. SEETHAPATHY, J. Tsr. [1] AIR 2001 SC 3516