IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 825 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 10/07/2007 in WP NO : 2641 OF 2007 on the file of the High Court.) Between: 1 Vemasani Chinnabbaiah S/o.Subbaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 2 Ravuri Peddasubbaiah S/o.Venkata Subbaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 3 Thummala Peddanakaiah Naidu S/o.Narasappa Naidu residing at Griddaluru village, Sydapuram Mandal Nellore District 4 Cheekati Chinnamma W/o.Chinna Kambbaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 5 Kotapati Krishnaiah S/o.Papaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 6 Thummala Chinna Ankaiah Naidu S/o.Venkatappa naidu residing at Griddaluru village, Sydapuram Mandal Nellore District 7 Vemasani Pedda Subbaiah S/o.Subbaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 8 Thummala Parumalagari Narasimhulu Naidu S/o.Subbaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 9 Kotapati Badraieghari Ayyappa Naidu S/o.Ramaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 10 Thummala Perumalgari Venkata Subbaiah S/o.Ramaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 11 Thummala Ramaiah S/o.Papaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 12 Kotapati Somannagari Venkaiah S/o.Venkataiah residing at Griddaluru village, Sydapuram Mandal Nellore District 13 Kotapati Pottigari Venkataiah S/o.Tirupalaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 14 Kotapati Sommannagari Ramaiah S/o.Penchalaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 15 Kotapati Tirupalaiah (died), L.R.Buchamma (died) Her L.R.and son Papaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 16 Thummala Padma Naidu S/o.Vemula Naidu residing at Griddaluru village, Sydapuram Mandal Nellore District 17 Thummala Maniratnam Naidu S/o.Venkatappa Naidu residing at Griddaluru village, Sydapuram Mandal Nellore District 18 Thummala Munaiah Naidu S/o.Narasappa Naidu residing at Griddaluru village, Sydapuram Mandal Nellore District 19 Thummala Rangappagari Venkatamma W/o.Subbaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 20 Thummala Ranappagari Penchalaiah S/o.Rangaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 21 Thummala Venkataiah Naidu S/o.penchalaiah Naidu residing at Griddaluru village, Sydapuram Mandal Nellore District 22 Thummala Rangappagari narayana S./o.penchalaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 23 Gattamaneni Subbaramaiah S/o.Lakshmaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 24 Ravuri Ramaiah (died) His L,R. and son Venktaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 25 Thogaragunta Hussain Saheb S/o.Hussain Saheb residing at Griddaluru village, Sydapuram Mandal Nellore District 26 Thogurugunta Hussain Saheb S/o.and L.R.of Pakeer Sahebe residing at Griddaluru village, Sydapuram Mandal Nellore District 27 Thogurugunta Chinna Nabi Saheb S/o.hussain Saheb residing at Griddaluru village, Sydapuram Mandal Nellore District 28 Marruipati Himama Saheb S/o.Kaja Saheb residing at Griddaluru village, Sydapuram Mandal Nellore District s 29 Kodurupalli Peru Saheb S/o.Nabi Saheb residing at Griddaluru village, Sydapuram Mandal Nellore District 30 Kodurupalli Nabi Saheb S/o.Hussain Saheb residing at Griddaluru village, Sydapuram Mandal Nellore District 31 Chandra Rosaiah S/o.Pullaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 32 Thummala Perumallagari Venkatanarasaiah S/o.Papaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 33 Kotapati Somannagari Venkataiah (died) His LR and son nagaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 34 Kotapati Somannagari Subbarayudu S/o.Subbaiah residing at Griddaluru village, Sydapuram Mandal Nellore District 35 Vangapalli Mastan S/o.Ramtu Saheb residing at Griddaluru village, Sydapuram Mandal 36 Paritala Venkateswarlu (died) His LR andson Subba Rayudu residing at Griddaluru village, Sydapuram Mandal 37 Kotapati Sommannagari Subbaiah (died) His LR son Lakshmaiah residing at Griddaluru village, Sydapuram Mandal 38 Thgurugunta Himam Bee W/o.Nabi Saheb residing at Griddaluru village, Sydapuram Mandal 39 Gudigenlooru Pakeer Saheb S/o.Hussain Saheb residing at Griddaluru village, Sydapuram Mandal 40 Kotapati Penchalaiah (died) His LR & son Narasimhulu residing at Griddaluru village, Sydapuram Mandal s 41 Kotapati Venkatappa (died) His LR and Wife chanchamma residing at Griddaluru village, Sydapuram Mandal 42 Pydamari Subbarayudu S/o.Govindaiah residing at Griddaluru village, Sydapuram Mandal 43 Nagaurthigari Nabi Saheb S/o.Hussain Saheb residing at Griddaluru village, Sydapuram Mandal 44 Pulaguru Rosamma W./o.Pitchaiah residing at Griddaluru village, Sydapuram Mandal 45 Paduchauri Venkataiah S/o.Venkataiah residing at Griddaluru village, Sydapuram Mandal s 46 Nagaurthi Pakeeri Saheb S/o.Hussain Saheb residing at Griddaluru village, Sydapuram Mandal 47 Nagaurthi Karri nabi Saheb S/o.Hussain Saheb residing at Griddaluru village, Sydapuram Mandal 48 Nagurthi Nabi Saheb S/o.Hussain Saheb residing at Griddaluru village, Sydapuram Mandal 49 Kotapati pattigari Papaiah (died) His LR and son Ramaiah residing at Griddaluru village, Sydapuram Mandal 50 Kotapati Pottigari Peddaramaiah (died) His LR and son Narasimhulu residing at Griddaluru village, Sydapuram Mandal 51 Thmummala Hanumanthu Naidu S/o.Venkatappa Naidu residing at Griddaluru village, Sydapuram Mandal 52 Thummala Papa Naidu S/o.Venkatappa Naidu residing at Griddaluru village, Sydapuram Mandal 53 Kotapati Venkataramaiah (died) His LR and wife Narasamma residing at Griddaluru village, Sydapuram Mandal 54 Kotapati Pottaiah S/o.Tirupalaiah residing at Griddaluru village, Sydapuram Mandal 55 Kotapati Naramma (died) Her LR and son K.Chennaiah residing at Griddaluru village, Sydapuram Mandal 56 Ravuri Obaiah S/o.Venkata Subbaiah residing at Griddaluru village, Sydapuram Mandal 57 Thummala Ramaiah S/o.Ramaiah residing at Griddaluru village, Sydapuram Mandal 58 RAvuri Subbaramaiah S/o.Venkataiah residing at Griddaluru village, Sydapuram Mandal 59 Kotapati Venkataswami S/o.Jangamaiah residing at Griddaluru village, Sydapuram Mandal 60 Kotapati Musalagari Subbarayudu (died( His son and LR subbaiah residing at Griddaluru village, Sydapuram Mandal 61 Kotapati Chinnamma W/o.Venkataiah residing at Griddaluru village, Sydapuram Mandal 62 Thummala Venkatappa Naidu(died) His son and LR Muniratnam Naidu residing at Griddaluru village, Sydapuram Mandal 63 Polu Chinnapu Reddy S/o.Ramireddy residing at Griddaluru village, Sydapuram Mandal 64 Paritala China Subbarayudu (died) His LR and son Venkateswarlu residing at Griddaluru village, Sydapuram Mandal 65 P.Poliaiah (died) His LR and son Subbarayudu residing at Griddaluru village, Sydapuram Mandal 66 P.Lakshmamma (died) Her LR and son P.Subba Reddy residing at Griddaluru village, Sydapuram Mandal 67 P.Subbaiah (died) His LR and wife of Kondamma residing at Griddaluru village, Sydapuram Mandal 68 Chanda Roasaiah S?o.Pullaiah residing at Griddaluru village, Sydapuram Mandal 69 Chanda Ramanaiah S/o.Polaiah residing at Griddaluru village, Sydapuram Mandal s 70 T.Venkatappa naidu (died) His LR and son Ramaiah residing at Griddaluru village, Sydapuram Mandal 71 Pavudipu Subbaramaiah S/o.Subbaiah residing at Griddaluru village, Sydapuram Mandal 72 Pobati Pullaiah S/o.Ramaiah residing at Griddaluru village, Sydapuram Mandal 73 Methakalla Chinnaiah S/o.Pedda Chennaiah residing at Griddaluru village, Sydapuram Mandal 74 M.Chinnabbai (died) His son and LR santaiah residing at Griddaluru village, Sydapuram Mandal 75 Methakalla Bakkaiah S/o.Chinnaiah residing at Griddaluru village, Sydapuram Mandal 76 Sirigiri Obaiah S/o.pedda Obaiah residing at Griddaluru village, Sydapuram Mandal 77 Methakalla Atchamma W/o.Tirupalaiah residing at Griddaluru village, Sydapuram Mandal 78 Sirigiri Chinna Obaiah S/o.Pitchaiah residing at Griddaluru village, Sydapuram Mandal 79 sirigiri Bala Obaiah S/o.pedda Obaiah residing at Griddaluru village, Sydapuram Mandal 80 Sirigiri Nagaiah S/o.Seshaiah residing at Griddaluru village, Sydapuram Mandal 81 Sirigiri Narayana S/o.Pedda Obaiah residing at Griddaluru village, Sydapuram Mandal 82 Manikala Ankaiah (died) His son and LR Ramanaiah residing at Griddaluru village, Sydapuram Mandal 83 K.Ramappagari Pitchaiah(died) His LR and wife Narasamma residing at Griddaluru village, Sydapuram Mandal 84 Manikala Ramaiah (died) His LR and son Buddaiah residing at Griddaluru village, Sydapuram Mandal 85 Korrapati Subbaramaiah S/o.Nagaiah residing at Griddaluru village, Sydapuram Mandal 86 Korrapati Subbarayudu S/o.Papaiah residing at Griddaluru village, Sydapuram Mandal 87 Kaki Ramaireddy (died) His LR and son Narasimha Reddy residing at Griddaluru village, Sydapuram Mandal 88 S.Seshadri (died) His LR and son in law Gattamaneni Subbaramaiah residing at Griddaluru village, Sydapuram Mandal s 89 Anguru Narasamma W/o.Nagaiah residing at Griddaluru village, Sydapuram Mandal 90 Anguru Peddamastan S/o.Nagaiaha residing at Griddaluru village, Sydapuram Mandal 91 Anguru Chinnamastan S/o.Nagaiah residing at Griddaluru village, Sydapuram Mandal 92 Anguru Nagaiah S/o.Nagaiah residing at Griddaluru village, Sydapuram Mandal 93 M.Pitchaiah (died) His Lr and son Tirupalaiah residing at Griddaluru village, Sydapuram Mandal 94 Manikala Tirupalaiah S/o.Pitchaiah residing at Griddaluru village, Sydapuram Mandal s 95 Manikala Chinnaiah S/o.Pitchaiah residing at Griddaluru village, Sydapuram Mandal 96 Yerru Obulamma W/o.Venkata Reddy residing at Griddaluru village, Sydapuram Mandal 97 Sirigiri Chennaiah S/o.Seshaiah residing at Griddaluru village, Sydapuram Mandal 98 Yerru Venkatareddy (died) His LR andson Y.Obulamma residing at Griddaluru village, Sydapuram Mandal 99 Sannapureddy Venkataiah S/o.Subbaiah residing at Griddaluru village, Sydapuram Mandal 100 Pasupulati Naraiah S/o.Naraiah residing at Griddaluru village, Sydapuram Mandal 101 Pasupulati Eswaraiah S/o.chinnaiah residing at Griddaluru village, Sydapuram Mandal 102 Kothuru Mallaiah (died) His LR and son in Law Yerru Ramanaiah residing at Griddaluru village, Sydapuram Mandal 103 Patan Basha S/o.Pedda Kadhir residing at Griddaluru village, Sydapuram Mandal 104 Shaik Khadaramma W?o.Peeru Saheb residing at Griddaluru village, Sydapuram Mandal 105 Sirigiri Subbarayudu S/o.Seshaiah residing at Griddaluru village, Sydapuram Mandal 106 Nallam Annaiah (died) His LR and son N.Ramanaiah residing at Griddaluru village, Sydapuram Mandal ..... APPELLANT(S) AND 1 Government of Andhra Pradesh, rep.by its Principal Secretary, Department of Irrigation & Command Area Development, Secretariat, Hyderabad 2 The Special Collector, G.N.N.S.Project, Kadapa 3 The Special Deputy Collector, Somaseela Project Unit-IV,project at Rajampet, Kadapa District .....RESPONDENT(S) Counsel for the Appellant:MR.M.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : JUDGMENT: (Per Anil R. Dave, CJ) Admit. At the request of the learned Advocates, the appeal is finally heard today. The short question involved in this appeal is with regard to payment of interest on the amount of compensation, which the appellants are entitled to. The facts, which are necessary for the purpose of deciding this appeal are that the land belonging to the appellants-original petitioners had been acquired under notification issued on 15-12-1977 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). Compensation was paid to the appellants. The appellants did not file any reference under Section 18 of the Act. But upon knowing that some of the awardees had filed reference application under Section 18 of the Act and when higher amounts had been awarded by the Court, they also filed an application under Section 28-A of the Act on 7-11-1996. The said application was filed within the period of limitation. The said application was rejected on 2-9-2003 for reasons with which we are not concerned at this stage. Being aggrieved by the order of rejection, the appellants filed petition, namely, W.P.No. 2641 of 2007 on 12-2-2007 i.e., almost after four years. The aforestated petition was partly allowed. The learned Single Judge has given certain directions with regard to payment of interest. Being aggrieved by some of the directions, this appeal has been filed. The aforestated facts are not in dispute at all. It is also not in dispute that the appellants did not file the writ petition immediately after the application under Section 28-A of the Act was rejected on 2-9-2003. The question is whether the appellants should be paid interest for the period during which they remain indolent and did not approach this Court i.e., during the period from 2-9-2003 to 12-2-2007. The petition has been ultimately allowed, but, in our opinion, interest for the aforestated period need not be paid, because there was delay on the part of the appellants in approaching this Court. The learned Single Judge has directed that interest would become payable only if the amount remains unpaid after October, 2007. In our opinion, the said direction is not warranted and therefore, we quash and set aside the said direction. Thus the order passed by the learned Single Judge is modified to the effect that the direction with regard to paying the interest if the amount remains unpaid after October, 2007 is quashed and it is further directed that interest for the period commencing from 2-9-2003 to 12-2-2007 shall not be paid for the reason that the appellants-petitioners had approached this Court after substantial time without any justifiable reason. Subject to the above direction, the appeal stands disposed of as allowed with no order as to costs. _____________________ ANIL R. DAVE, CJ 20th August, 2008. ______________________________ VILAS V. AFZULPURKAR, J GRR