IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.28014 of 2008 Between: 1 M.Ramachandra Reddy S/o.Pedda Obula Reddy R/o.Kudamalur village Vontimitta Mandal,Kadapa District 2 MamidiDinnemedi Obula Reddy S/o.Late Obula Reddy R/o.Kudamalur village Vontimitta Mandal,Kadapa District 3 Pallem Yella Reddy s/o.Yella Reddy R/o.Kudamalur village Vontimitta Mandal,Kadapa District 4 Vardhinoina Narayana S/o.Narasimhulu R/o.Kudamalur village Vontimitta Mandal,Kadapa District 5 Vardhinoina Narasimhulu S/o.Penchalaiah R/o.Kudamalur village Vontimitta Mandal,Kadapa District 6 Vardhinoina Sudhakar S/o.Narasimhulu R/o.Kudamalur village Vontimitta Mandal,Kadapa District 7 Minuku Subba Narasaiah S/o.Late M.Yanadaiah R/o.Kudamalur village Vontimitta Mandal,Kadapa District 8 Bhommireddy Venkata Subbaiah S/o.Late B.Venkata Subbaiah R/o.Kudamalur village Vontimitta Mandal,Kadapa District 9 Gudi Ramanaiah S/o.Pitchaiah R/o.Kudamalur village Vontimitta Mandal,Kadapa District ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep.by its Secretary Irrigation & CAD Department, Secretariat, Hyderabad 2 The Special Collector (LA) , GNSS, Galeru Nagari Sujala Sravanthi,Shankarapuram, Kadapa, Kadapa district 3 The Special Deputy Collector (LA), Somasila project Unit-IV, Rajampet,Kadapa District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus directing the respondents No.1 to 3 herein to award interest on the market value solatium and additional market value from the date of 4(1) notification i.e. 31.8.1996 to date of realization instead of from the date of 28-A applications i.e.9.3.2007on par with the LAOP.No.936 of 2001 on the file of the court of the Principal District Judge, Kadapa and which was referred to Lok Adalat in LAC.No.514 of 2006 dated 13.12.2006 on the file of the District legal Services Authority, Kadapa which was enhanced 80% on the market value fixed by LAO and pay the same to the petitioners herein in pursuance of the petitioners applications dated 9.3.2007 filed under section 28-A of the L.A.Act and pass Counsel for the Petitioners: MR.Y.VENKATASATYAM Counsel for the Respondent No.1: GP FOR IRRIGATION Counsel for the Respondent Nos.2 and 3: GP FOR LAND ACQUISITION The Court made the following : ORDER: It is the case of the petitioners that they are residents of Kudamalur Village, Vontimitta Mandal, Kadapa District and their houses and structures of the village were acquired by the Government for a public purpose viz., for foreshore submersion of Somasila Project under a notification dated 31.08.1996 published under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). Pursuant thereto, after conducting necessary enquiry, the Land Acquisition Officer passed Award No.1/98-99 dated 30.06.1998. Aggrieved by the said award, some of the awardees/claimants sought for reference under Section 18 of the Act and the matter was referred to the Court of District Judge, Kadapa and it was numbered as L.A.O.P No.936/2001. Subsequently, the said O.P. was referred to the Special Lok Adalat, Kadapa for settlement and the Special Lok Adalat passed an Award on 13.12.2006 in L.A.C.No.514 of 2006 enhancing the compensation 80% over and above the market value fixed by the Land Acquisition Officer and granting all statutory benefits. Pursuant thereto, the claimants therein were paid the compensation with all statutory benefits. Having come to know of the Award passed by the Special Lok Adalat, Kadapa, the petitioners herein made an application before the third respondent under Section 28-A of the Act on 09.03.2007 seeking re-determination of the amount of compensation on the basis of the Award passed by the Special Lok Adalat, Kadapa as they are also similarly situated persons. The third respondent, having entertained the same, passed an order dated 29.05.2008, which is challenged in this writ petition to the extent of not granting interest on the enhanced compensation from the date of 4(1) notification till the date of the application made by the petitioners under Section 28-A of the Act. When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioners and admitted to by the learned Government Pleader for Land Acquisition that the subject matter of this writ petition is squarely covered by the judgment of this Court in W.P.No.13241 of 2008, dated 02.07.2008, and they agreed to the disposal of the present writ petition in terms thereof. Hence, following the judgment dated 02.07.2008 in W.P. No.13241 of 2008, this writ petition is disposed of setting aside the impugned order dated 29.05.2008 to the extent of interest awarded and holding that the petitioners herein shall be entitled to interest in terms of the Award passed by the Special Lok Adalat, Kadapa in L.A.C.No.514 of 2006, dated 13.12.2006. Accordingly, the writ petition is disposed of, modifying the impugned order to the extent mentioned above. No costs. _________________ N.V.RAMANA, J Date: 08.06.2009 va