THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE P.DURGA PRASAD A.S.NO.2352 OF 2002 JUDGMENT: {Per the Hon’ble Sri Justice B.Prakash Rao} The original appellant, who died and her legal representatives came on record, filed this appeal under Section 54 of the Land Acquisition Act, 1894 {“the Act” for brevity}, inter alia, seeking to assail the correctness of the order dated 26.08.2002 passed in O.P.No.17 of 1998 on the file of the Senior Civil Judge, Jagtial, in a reference arising under Section 18 of the Act, for fixation of market rate in respect of the lands, which have been acquired, only to the extent of restricting the awarding of interest. Heard both the sides. There is no dispute to the fact that the lands were acquired by issuance of a notification under Section 4 (1) of the Act dated 21.07.1996 and it was only thereafter, possession was taken. The Land Acquisition Officer fixed the market rate at Rs.14,000/- per acre and not satisfied with the said rate, the claimants referred the matter to the Court below for enhancement. During the course of trial, the Court below examined P.Ws.1 to 5 and marked Exs.A1 to A4 on behalf of the claimant. On behalf of the State, R.W.1 was examined and Exs.B1 and B2 were marked. On a consideration of the material available on record, the Court below fixed the market rate at Rs.20,000/- per acre and awarded 30% of solatium apart from the interest restricted at 9% per annum as per the proviso (2) to Section 28 of the Act for a period of one year from the date of that order and thereafter, at 15% per annum till the date of payment. It is this question, which is in controversy at present. Hence, the appeal. Having heard the submissions made on either side and on perusal of the material available on record, especially in view of the categorical provision as provided and there being absolutely no distinguished factor as such, the question of interest cannot be denied thereto. In view of the same, the appeal is allowed and the claimants are entitled to the interest from the date of notification till the date of realization on the entire market rate including the solatium. That apart, the claimants are also entitled to all other benefits as per the amended provisions of the Act. No costs. _________________ (B.PRAKASH RAO, J) __________________ (P.DURGA PRASAD, J) 14th March 2011 RRB