The Revenue Divisional Officer-Cum-Land Acquisition Officer v. B.Koturubasappa
THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SMT. T. RAJANI L.A.A.S. No.109 OF 2012 DATED:20-03-2017 Between:
The Revenue Divisional Officer-cum- Land Acquisition Officer Adoni, Kurnool District ... Appellant And B. Koturu Basappa ... Respondent COUNSEL FOR THE APPELLANT: Government Pleader for Appeals (AP) COUNSEL FOR THE RESPONDENT: Mr. K. Rajanna THE COURT MADE THE FOLLOWING:
CVNR, J LAAS 109/2012 JUDGMENT: (per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) This appeal arises out of order and decree, dt.26.02.2010, in O.P. No.63 of 2006 on the file of the Senior Civil Judge, Adoni, whereby market value of Rs.3,00,000/- (Rupees three lakhs only) per acre has been fixed to the subject land, subject to deduction of 1/3rd thereof per acre, in addition to statutory benefits.
At the hearing, it is represented by the learned counsel for both the parties that this Court, vide judgment dt.14.7.2016, has partly allowed L.A.A.S. No.209 of 2014, wherein similar issues were involved, holding that the respondent - claimant therein is entitled to additional market value at 12% per annum on enhanced market value from the date of notification under Section 4(1) of the Land Acquisition Act, 1894, i.e., 26.09.1998 upto 23.03.1999, the date of taking possession and that the respondent is also entitled to interest at the rate of 9% per annum from 23.03.1999, the date of taking possession, for a period of one year and thereafter at 15% per annum till the date of payment of the enhanced market value, additional market value and the solatium. The order and decree of the reference court qua clauses 1, 2, 5 and 6 were confirmed.
In the light of the above, this appeal is also partly allowed following the aforementioned judgment with the direction that the judgment and decree in L.A.A.S. No.209 of 2014 shall form part of this order. As a sequel to disposal of the appeal, L.A.A.S.M.P. No.417 of 2012 shall stand disposed of as infructuous.
__________________________ C.V. NAGARJUNA REDDY, J _________________________ T. RAJANI, J 20-03-2017 bnr
CVNR, J LAAS 109/2012