The Land Acquisition Officer vs Balavardhan Reddy
2022 Latest Caselaw 4231 Tel

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

                    L.A.A.S. No. 959 of 2011

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

03.07.2002 and whereas the notification was issued on

20.02.2008. 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 23.08.2022 tsr

(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.959 of 2011 (per Justice G. Sri Devi)

DATE:23.08.2022