The Land Acquisition Officer, vs Ramachandra Sharma Died Lr Added ...
2022 Latest Caselaw 4141 Tel

             THE HON'BLE JUSTICE G. SRI DEVI

                             AND

     THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

                   L.A.A.S. No. 53 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
                                       2




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 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 10.10.2001 and

whereas the notification was issued on 23.03.2006. 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.

(2004) 4 SCC 79

(2014) 13 SCC 613

Miscellaneous petitions, if any, pending in these

appeals shall stand closed.

______________________ JUSTICE G. SRI DEVI

_______________________________ JUSTICE M.G. PRIYADARSINI 16.08.2022 tsr /gkv

THE HON'BLE JUSTICE G. SRI DEVI

THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

L.A.A.S.No. 53 of 2012 (per Justice G. Sri Devi)

DATE:16.08.2022