Boya Balakka v. Special Deputy Collector (Lao)

THE HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA L.A.A.S.No.701 of 2007 JUDGMENT: (Per Hon'ble Sri Justice A.Shankar Narayana) The present appeal is preferred by the claimant requesting to grant interest on solatium and additional market value on the ground that he was deprived of the same by the Reference Court, which passed the order dated 26.03.1999 in O.P.No.512 of 1997.

2. Heard Sri B.D.Maheswara Reddy, learned counsel for the appellant, and Sri A.V.Sivaiah, learned Government Pleader for the respondent.

3. The Senior Civil Judge, Atmakur has passed the common order in O.P.Nos.506, 507, 508, 509, 510, 51, 512, 513 and 514 of 1997. However, he has not granted interest on solatium and additional market value. The batch of appeals preferred by the claimants against the judgments in other O.Ps have been disposed of by this Court. One such judgment was passed on 27.12.2006 in A.S.Nos.2059, 3989 and 3991 of 2003. The latest judgment was passed on 17.06.2016 in A.S.No.3990 of 2003. Thus, the issue is squarely covered by the judgment passed by us in A.S.No.3990 of 2003.

4. In view of the same, the award passed by the Reference Court is modified holding that the claimant is entitled

to interest at the rate of 9% p.a. on the enhanced compensation and also on additional market value and solatium from the date of judgment rendered by the Hon'ble Supreme Court in Sunder vs. Union of India[1], for a period of one year and thereafter at 15% p.a.

5. Accordingly, the instant appeal is allowed. There shall be no order as to costs. Pending miscellaneous applications, if any, in the instant appeal shall stand closed. ________________________________ JUSTICE V.RAMASUBRAMANIAN _________________________________ JUSTICE A.SHANKAR NARAYANA 20.06.2016 v v [1] AIR 2001 SC 3516