HON'BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE B. CHANDRA KUMAR A.S. Nos. 704 and 1128 of 1999 O R D E R: (per Hon'ble Sri Justice A. Gopal Reddy) These two Appeals by the Land Acquisition Officer, under Section 54 of the Land Acquisition Act, 1894 (for short, ‘the 1894 Act’), have been preferred, questioning the orders, dated 29.06. 1983 and 10.02.1994 passed by the reference Court in O.P. Nos. 24 of 1989 and 24 of 1988 respectively, enhancing the market value awarded by the Land Acquisition Officer from Rs.6,300/- to Rs.30,000/- per acre. Notifications, dated 24.11.1988 and 21.02.1987, under Section 4(1) of the 1894 Act were issued by the Land Acquisition Officer, notifying certain lands in various survey numbers in Gudipally Village for the purpose of excavation of SLBC canal for the reach from K.M. 33 to 35. The Land Acquisition Officer, after issuing notice under Section 9(1) and 10 of the Act, inviting objections from the claimants, conducted enquiry under Section 5-A of the Act and passed the Awards fixing the market value at the rate of Rs.6,300/- per acre. Dissatisfied with the same, the claimants sought for a reference before the civil Court. The reference Court enhanced the market value to Rs.30,000/- per acre. Hence, these Appeals. For the lands covered by the notification, dated 27.11.1984, acquired for the very same purpose for the reach from K.M. 31.400 to K.M.36.808, the Land Acquisition Officer awarded Rs.6,000/- per acre for the developed dry land and Rs.5,000/- per acre for the dry land. On reference being made to the civil Court in O.P. No. 29 of 1989, the compensation was enhanced to 30,000/- and Rs.32,000/- per acre for dry and developed dry lands. On appeal being preferred by the Land Acquisition Officer, in A.S. No. 535 of 1999, this Court reduced the market value and fixed at Rs.25,000/- per acre for both dry and developed dry land, based on Ex.A3-judgment and decree in O.P. No. 46 of 1990. Therefore, following the judgment dated 24.03.2006 in A.S. No. 535 of 1999, both these Appeals are partly allowed, fixing the market rate at Rs.25,000/- as against Rs.30,000/- per acre awarded by the reference Court. However, the claimants are entitled to solatium at the rate of 30% and additional market value at 12% on the enhanced compensation, with interest at 9% per annum from the date of taking possession for a period of one year and thereafter, at 15% per annum, as per the law laid down by the Supreme Court in Sunder v. Union of India[1]. No costs. ----------------------- (A. GOPAL REDDY,J) --------------------------- (B. CHANDRA KUMAR, J) 10th August 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR} [1] AIR 2001 SC 3516