GOVT OF A P Vs. NAGANABOINA VENKATAIAH

JUDGEMENT

(1.) Aggrieved by the order dated30-7-l 993 passed by the single Judge in Writ Petition Nos. 11296 and 10357 of 1990, Writ Appeal Nos. 1532 and 1533 of 1995 are filed by the Government and Writ Appeal Nos. 1383 and 1384 of 1993 are filed by the claimants.

(2.) Writ Petition No. 11296 of 1990 is filed by the Government questioning the award of the Land Acquisition Officer in granting in terest at the rate of 6% per annum from 29-6-1979 to 29-4-1982 and at the rate of 15% per annum from30-4-1982 to 2-4-1990.Writ Petition No. 10357 of 1990 is filed by the claimants to declare that they are entitled to interest at the rate of9% per annum for one year and 15%per annum from 29-6-1989 to 29-4-1992 and additional market value at the rate of 12% per annum on the compensation awarded.

(3.) The facts of the case are that the lands measuring Ac. 10-04 1/8 guntas in S.Nos. 174,177,181,191 to 193,195 to 198,326 to 334 of Desaipet village and O-19 1/2 guntas in S.No. 412 of Palavelpula village belonging to the claimants were acquired for the purpose of construction of filter beds, service reservoir and staff quarters of water works department. The notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published on3-8-1978. Enquiry underSection 5-A of the Act was dispensed with by invoking urgency clause. Possession of acquired lands taken over on 29-6-1979. Again, notification under Section4(l)was issued on l-10-1987for acquisition of Ac. 14-23 5/8 guntas of land and the declaration under Section 6 was published on 9-9-1988. After conducting enquiry, the Land Acquisition Officer passed the award on 2-4-1990. The Land Acquisition Officer fixed the market value at Rs. 87/- per square yard for the lands at Desaipet village and Rs. 13-30ps., for the land at Pulavelpula village. He granted solatium of 3 0% and interest at the rate of 6% from the date of taking possession i.e., 29-6- 1979to29-l-1982 and at the rate of 15% from 30-4-1982 to the date of award i.e., 2-4-1990. He did not grant additional market value. Assailing the award, the writ petitions filed by the Government and the claimants.