The Land Acquisition Officer, vs Chinna Narsimha
2022 Latest Caselaw 4142 Tel

          THE HON'BLE JUSTICE G. SRI DEVI
                        AND
     THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

                    L.A.A.S. No. 306 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

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 16.03.2005

and whereas the notification was issued on 02.09.2008. 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 16.08.2022 tsr /gkv

(2004) 4 SCC 79

(2014) 13 SCC 613

THE HON'BLE JUSTICE G. SRI DEVI

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

L.A.A.S.No. 306 of 2012 (per Justice G. Sri Devi)

DATE:16.08.2022