KOKA SURYANARAYANA RAO Vs. LAND ACQUISITION OFFICER AND REV DIV OFFICER
LAWS(SC)-2011-3-3
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on March 17,2011

KOKA SURYANARAYANA RAO Appellant
VERSUS
LAND ACQUISITION OFFICER Respondents

JUDGEMENT

V.S. Sirpurkar, J. - (1.) Leave granted in all special leave petitions.
(2.) By these appeals the judgment passed by the learned Single Judge of the Andhra Pradesh High Court allowing the civil revision petitions filed by the Land Acquisition Officer and Revenue Division Officer, Kakinada are in challenge. By the instant judgment, the said civil revision petitions were allowed and some directions were given to the Executing Court which was executing the decrees earned by the Appellants herein. These civil revisions were filed against the order passed by the Court of IInd Additional Senior Civil Judge, Kakinada which was dealing with the execution petitions filed by the Appellants herein. In those execution petitions, the calculations made by the decree holder-Appellants herein regarding the decretal amount were accepted and the Land Acquisition Officer-judgment debtor was directed to deposit the amounts in terms of the calculations made by the decree holders.
(3.) Lands belonging to the Appellants were acquired for the purpose of construction of bus station complex at Pithapuram. This was done on the basis of a requisition made by Andhra Pradesh State Road Transport Corporation (hereinafter called APSRTC for short). Possession was already taken of the land with building and trees on 29.1.1978 itself and award came to be passed on 1.6.1981 awarding compensation @ Rs. 10 per square yard (48,400/- per acre) for the land, and Rs. 97,930/- for permanent structures and Rs. 740/- towards tress. A reference was made under Section 18 of the Act by the Appellants herein and the reference Court by its order and decree dated 25.4.1984 enhanced the compensation @ Rs. 40/- per square yard from Rs. 10/- per square yard. It also increased the compensation for buildings as well as the trees. It also ordered the solatium @ 15% and interest @ 4 % per annum from the date of taking possession of the acquired land. Appeals came to be filed against this judgment. The High Court, however, confirmed the said judgment by its judgment dated 5.2.1992 in appeal No. 1970 of 1985. While confirming the compensation awarded and the rate fixed by the reference Court, the High Court further held that in addition to the market value of the land, the claimants shall be entitled to the additional amount calculated @ 12 % per annum on such market value for the period commencing on and from date of publication of notification under Section 4(1) of the Act to the date of award of the Collector or the date of taking possession of the land, whichever was earlier as contemplated under Section 23(1)A of the Amendment Act No. 68 of 1984. It was also ordered that the claimants-Appellants-decree holders would also be entitled to solatium @ 30 % and interest @ 9 % per annum from the date of taking possession till the date of payment.;


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