THE HON'BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
L.A.A.S. No. 370 of 2012
JUDGMENT: (per Justice G. Sri Devi)
The lis in this appeal preferred by the Land Acquisition
Officer-cum-Special Deputy Collector, L.A. Unit, Priyadarshini
Joorala Project at Gadwal, Mahabubnagar District, is directed
against the order passed by the civil Court in the reference
made under Section 18 of the Land Acquisition Act, 1894.
2. It is now brought to our notice that a Division Bench of
this Court, entertaining similar Appeals in L.A.A.S.Nos.331,
337, 339 and 371 of 2011, preferred by the Land Acquisition
officer, by its judgment, dated 01.10.2013, dismissed those
appeals finding no merit therein and confirmed the orders
passed by the reference Court.
3. Since it is agreed on either side that the reasoning
adopted by this Court in its judgment dated 01.10.2013 holds
good even in these cases, we dismiss this appeal confirming the
market value fixed by the reference Court. At this stage, it is
contended by the learned Counsel for the respondent(s)-
claimant(s) that as per the decisions of the Apex Court in 2 R.L.Jain (D) by LRs v. DDA and others1 and Tahera Khotoon and others v. Revenue Divisional Officer2 , the claimant(s) is/are entitled to the benefit of 15% additional interest from the date of taking possession of the land till the date of publication of the preliminary notification. The said fact has not been disputed by the learned Government Pleader for Appeals. Admittedly, the possession of the land was taken on 29.05.1989 and whereas the notification was issued on 23.07.2004. In the light of the aforesaid judgments, the respondent(s)/ claimant(s) is/are entitled for additional interest at 15% from the date of taking over of actual possession till the date of publication of notification under Section 4 (1) of the Act. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in these appeals shall stand closed.
______________________ JUSTICE G. SRI DEVI _______________________________ JUSTICE M.G. PRIYADARSINI 23.08.2022 tsr 1 (2004) 4 SCC 79 2 (2014) 13 SCC 613 3 THE HON'BLE JUSTICE G. SRI DEVI THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI L.A.A.S.No.370 of 2012 (per Justice G. Sri Devi) DATE:23.08.2022