Sirigiri Lakshumma v. The Government Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND FIFTEEN WRIT PETITION NO. 8931 OF 2011 Between:

Sirigiri Lakshmumma & Ors. ... Petitioners V/s.

The Government of Andhra Pradesh Represented by its Secretary, Irrigation & Command Area Development, Secretariat Building, Hyderabad & Ors. ... Respondents Counsel for the Petitioners : Sri D.Kodanda Rami Reddy Counsel for the Respondents : GP for Land Acquisition The court made the following : [order follows]

WRIT PETITION NO. 8931 OF 2011 O R D E R :

Heard learned counsel for the petitioner and the learned Government Pleader for Land Acquisition.

2. With the consent of learned counsel, the writ petition is taken up for final disposal.

3. The petitioners pray for mandamus, directing respondents 1 to 3 to award interest on the market value, solatium and additional market value from the date of award dated 19/09/1986 till the date of taking possession instead of 22/11/1993 i.e., the date on which the application under section 28-A of the Land Acquisition Act was filed praying for parity of consideration and payment of compensation as decided by the Senior Civil Judge, Rajampet in LA.OP.No. 312 of 1991, dated 19/7/1993.

4. The facts are not in dispute. There is no factual issue for consideration but the issue relates to payment of interest on the market value, solatium and additional market value from the date of award dated 19/09/1986 till the date of taking possession.

5. The grievance of petitioners is that while computing the compensation payable to the petitioners, respondents 1 to 3 have calculated interest from 22/11/1993 instead of 19/9/1986 the date on which the respondents have taken possession of acquired land. The learned counsel appearing for the parties submit that the issue is substantially covered by the principle of law laid down by a Division Bench of this Court in GOVERNMENT OF A.P. & ORS. V/s. MUSALIKOPPU JANARDHANA AND ORS [1] and further submit that a learned single Judge in WP.No. 26552 of 2010 while considering the similar grievance in the same acquisition directed payment of interest pursuant to the adjudication

in LAOP.No. 313 of 1991.

6. The writ petition is allowed in terms of the decisions referred to above. Office is directed to append a copy of the order in WP.No. 26552 of 2010 to this order. The respondents are directed to take steps for payment of interest accordingly as held in these two decisions. No costs.

7. As a sequel, Miscellaneous Petitions if any, pending in this writ petition shall stand closed.

________________ JUSTICE S.V. BHATT.

18/02/2015 I s L

WRIT PETITION NO.8931 OF 2011 Circulation No.

Date: 18/02/2015 Court Master: I s L Computer No.43 [1] ) 2009 [2] ALD-567 [DB]