A.Sai Reddy Died By Lrs Appellant No. 2 ... vs The Special Deputy Collector,
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Telangana High Court

A.Sai Reddy Died By Lrs Appellant No. 2 ... vs The Special Deputy Collector, on 12 March, 2025

Author: Abhinand Kumar Shavili

Bench: Abhinand Kumar Shavili

      HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
                                         AND
          HON'BLE SMT JUSTICE TIRUMALA DEVI EADA
                              L.A.A.S.No.403 OF 2009

JUDGMENT:

(Per Hon'ble Sri Justice Abhinand Kumar Shavili)

Aggrieved by the judgment and decree dated 05.04.2007

passed in O.P.No.134 of 1991 by the Senior Civil Judge,

Wanaparthy, the present appeal is filed by the appellants.

A perusal of the record shows that at the first instance,

due to default committed by the 1st appellant, the Reference

Court closed the OP on 21.02.1983 and thereafter, the OP was

restored to its file. Again due to the death of the 1st appellant

and the LRs of the 1st appellant did not pursue the OP, the

Reference Court again closed the OP on 16.03.1991. Thereafter,

on filing restoration application by the LRs of the 1st appellant,

the OP was again restored to its file and finally, the OP was

partly allowed vide order dated 05.04.2007, however, the

Reference Court has denied interest on the enhanced

compensation from the date of closure of the Reference at first

on 21.02.1983 till the date of restoration of the Reference which

is on 2.3.2007, but granted solatium at 30%. The Reference

Court has not granted additional market value of 12% since the

Award was passed on 4.7.1979 by the Land Acquisition Officer

which was much prior to the amendment made to the Act on

30.04.1982. Due to the lapses on the part of the appellants in

pursuing the OP diligently, the State should not suffer by paying

huge interest and hence, the question of granting interest on the

enhanced compensation does not arise. Therefore, the

Reference Court has rightly not granted interest on the

enhanced compensation to the appellants. Hence, this Court is

not inclined to interfere with the order passed by the Reference

Court.

Accordingly, the Appeal is dismissed. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

__________________________________ JUSTICEABHINAND KUMAR SHAVILI

_____________________________ JUSTICE TIRUMALA DEVI EADA

Date: 12.03.2025 rkk