Jangareddy v. The Govt. Of A.P.

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE S. RAVI KUMAR A.S. Nos.921 AND 3795 OF 2003 COMMON ORDER:

Against the order passed by the Learned Senior Civil Judge, Sangareddy, in O.P. No.223 of 1991 dated 08.11.2002, the claimants have preferred A.S. No.921 of 2003 and the A.P. Housing Board has preferred A.S. No.3795 of 2003. The Learned Senior Civil Judge, Sangareddy passed a common order in O.P. No.223 of 1991 and O.P. No.37 of 1992 on 08.11.2002 fixing the market value of the acquired land at Rs.50/- per square yard and, in addition, granted the claimants 30% solatium on the market value under Section 23(2) besides 12% per annum additional amount on market value from the date of the Section 4(1) notification till the date of award, and interest under Section 34 of the Land Acquisition Act at 9% per annum from the date of possession for one year and at 15% per annum thereafter till payment.

Aggrieved by the order passed by the Learned Senior Civil Judge, in O.P. No.37 of 1992, the claimants preferred A.S. No.538 of 2003 and the State Government and the A.P. Housing Board preferred A.S. No.1894 of 2004. A Division bench of this Court, by its order dated 10.09.2013, enhanced the market value from Rs.50/- per square yard to Rs.100/- per square yard.

As the present appeals have been preferred against the order passed in O.P. No.223 of 1991 dated 08.11.2002, and a common order was passed by the Learned Senior Civil Judge,

Sangareddy in O.P. No.223 of 1991 and O.P. No.37 of 1992 on 08.11.2002, these appeals must also be disposed of in accordance with, and in terms of, the order passed by the Division bench in A.S. No.538 of 2003 and A.S. No.1894 of 2004 dated 10.09.2013 enhancing the market value of the acquired land from Rs.50/- per square yard to Rs.100/- per square yard. The claimants shall also be entitled to all the statutory benefits as awarded by the Division bench in A.S. No.538 of 2003 and A.S. No.1894 of 2004 dated 10.09.2013. Consequently A.S. No.921 of 2003 is allowed, and A.S. No.3795 of 2003 is dismissed without costs.

The miscellaneous petitions pending, if any, shall also stand disposed of. No costs.

___________________________ RAMESH RANGANATHAN,J ___________________ S. RAVI KUMAR, J Date: 28.10.2015 MRKR