HONOURABLE SRI JUSTICE V.ESWARAIAH & HONOURABLE SRI JUSTICE NOUSHAD ALI APPEAL SUIT No.1301 of 1994 Dated 24-8-2010. Between: The Special Deputy Collector, (LA & Reh.) S.S.P. Wanaparthy. …Petitioner. And: B.Pedda Sawaranna and another ...Respondents. HONOURABLE SRI JUSTICE V.ESWARAIAH & HONOURABLE SRI JUSTICE NOUSHAD ALI APPEAL SUIT No.1301 of 1994 ORDER: (Per the Honourable Sri Justice V.Eswaraiah) This appeal is filed by the appellant aggrieved by the order dated 10-10-1990 passed in O.P.No.62 of 1984 on the file of the Subordinate Judge, Gadwal. Appellant herein is the Referring Officer and respondents herein are the claimants. Parties will hereinafter be referred to as arrayed before the Court below for the sake of convenience. Lands of the respondents-claimants of an extent of Ac.9.26 Guntas in S.No.452/2 and Ac.7.36 Guntas in S.No.453 situated at Sasanul village, Allampur Mandal of Mahaboob Nagar District was acquired for Srisailam Project pursuant to the notification issued under Section 4 (1) published on 5-9-1974. On reference, the reference Court enhanced and fixed the compensation at the rate of Rs.7,000/- per acre and this appeal arises against the order in O.P.No.62 of 1984. We have perused the material available on record and the award in particular. The case of the appellant-Referring Officer is that the Reference Court erred in enhancing the compensation in respect of various lands ranging from Rs.950, 1000, 1500, 1900 and 2,000/- per acre alone. It is not known whether the enhancement in the instant case is Rs.950/- or Rs.2,000/- per acre. Even if it is taken at Rs.2,000/- , the enhancement by Reference Court from Rs.5,000/- to Rs.7,000/- is not much. However, the enhancement made by the Reference Court was based on the award passed in respect of the acquisition of similar lands of the self same village in O.P.No.1035 of 1985 wherein the compensation was fixed at the rate of Rs.7,000/- per acre which was carried in appeal by the Land Acquisition Officer to this Court and this Court vide Judgment in A.S.No.2471 of 1988 dated 12-7-1989 also confirmed the order of the reference court dismissing the appeal of the Land Acquisition Officer. In fact, the Reference Court relied on the earlier order passed by in O.P.No.778 of 1985 in respect of the same village. Therefore, we are unable to accept the contention of the learned counsel for the appellant that the enhancement is excessive and without any basis. But, however, in so far as granting of interest is concerned, he relied on a decision reported in R.L.JAIN v. DDA AND OTHERS ([1]). In view of the principles laid down in the said decision, the claimants are entitled to the interest from the date of 4 (1) notification issued on 5-9-1974. In that view of the matter and in view of the principles laid down in the decision cited supra, the direction in the order under appeal at paragraph 11.3 in which the relevant portion of “the interest at the rate of 9% per annum from the date of taking possession of the acquired lands is modified to that of “the interest at the rate of 9% per annum from the date of 4 (1) notification” and the remaining portion of direction is not interfered with in this paragraph 11.3. The other findings of the reference Court i.e., fixing the compensation at the rate of Rs.7,000/- per acre and awarding all other statutory benefits are confirmed and the same are not interfered with, except in so far as modifying the direction in respect of interest as stated above. Subject to the above modification, this appeal is dismissed. No costs. ________________________ JUSTICE V.ESWARAIAH ________________________ JUSTICE NOUSHAD ALI Dated 24-8-2010. Dvs HONOURABLE SRI JUSTICE V.ESWARAIAH & HONOURABLE SRI JUSTICE NOUSHAD ALI APPEAL SUIT No.1301 of 1994 (Judgment delivered by the Honourable Sri Justice V.Eswaraiah) Dated 24-8-2010. [1] (2004) 4 SCC 79