Telangana High Court
AS/375/2003 of P. Seetharavamma Vs The Revenue Divisional officer, on 30 December 2010
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD and HON’BLE SRI JUSTICE K.G. SHANKAR Appeal Suit No.375 of 2003 Between: Pendyala Seetharavamma (died) and others .. Appellants And The
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD
THURSDAY THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TEN
HON’BLE SRI JUSTICE G. BHAVANI PRASAD
and
HON’BLE SRI JUSTICE K.G. SHANKAR
Appeal Suit No.375 of 2003
Between:
Pendyala Seetharavamma (died) and others .. Appellants
And
The Revenue Divisional Officer,
Gudivada (L.A.O.) ..
Respondent
JUDGMENT:(Per G. Bhavani Prasad, J)
Heard Sri T. Lakshminarayana, learned counsel for theappellants and Sri Karanam Ramesh, learned Government Pleaderfor the respondent.
The appeal is directed against the award in O.P. No.55 of1989 on the file of the Senior Civil Judge’s Court, Gudivada, dated31-10-2001 in pursuance of the common judgment of the saidCourt in O.P. No.49 of 1989 and batch.
The awards in O.P. Nos.54, 57, 56 and 50 of 1989 coveredby the same common judgment were the subject of A.S. Nos.904
of 2002, 1601 of 2003, 2052 of 2003 and 455 of 2004 on the file ofthis Court. They were disposed of by a common judgment of aDivision Bench of this Court on 26-04-2007. The Division Benchfound on merits that the market value as on the date of notificationhas to be fixed in respect of the acquired lands at Rs.111/- persquare yard without any deduction towards developmental chargesin the already developed area. The Division Bench also clarifiedthat 12% additional market value on the enhanced compensationfrom the date of notification under Section 4(1) of the LandAcquisition Act to the date of award, solatium and interest at 9 percent per annum from the date of notification under Section 4(1) ofthe Land Acquisition Act for one year and thereafter at 15 per centper annum till the date of realization also should be awarded to theclaimants. The said judgment of the Division Bench had obviouslybecome final.
The present appeal arising out of the said common judgmentin O.P. No.55 of 1989 is on identical grounds and the identicalreasons as adopted by the Division Bench apply for theadjudication of this appeal also.
Hence, the appellants/claimants are declared entitled toRs.111/- per square yard towards the market value as on the dateof notification in respect of the land of the appellants acquired,along with the consequential additional market value of 12% fromthe date of notification under Section 4(1) of the Land AcquisitionAct to the date of award, solatium and interest at 9 per cent perannum for one year from the date of notification under Section 4(1)of the Land Acquisition Act and thereafter at 15 per cent perannum till the date of realization and the award, dated 31-10-2001is modified accordingly and the appeal is allowed to that extentwithout costs.
Date: 30-12-2010
Svv
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G. BHAVANI PRASAD, J
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K.G. SHANKAR, J