SEETHAYAMMA CH Vs. L A O

JUDGEMENT

(1.) This Revision Petition is directed against the Order and Decretal Order dated 1-7-1992 passed in LA. No.2546 of 1991 in O.P. No.93 of 1981 by the Principal Subordinate Judge, Kakinada, in East Godavari District, refusing to amend the Decree and the Award passed in O.P. No.93 of 1981.

(2.) The facts, in brief, resulting in filing of this Revision Petition are as follows:- The respondent-Land Acquisition Officer acquired an extent of Ac.3.00 in S.No.531/4 situated in Bheemavaram, Samalkota village for providing site for summer storage reservoir. The said land belonged to the revision petitioner. The respondent by his Award No.2/79 dated 16-1-1979 fixed the compensation at Rs.15,000/- per acre. At the instance of the petitioner, a reference under Section 18 of the Land Acquisition Act was made to the Subordinate Judge, Kakinada. The said reference was numbered as O.P.No.93 of 1981. After enquiry, the learned Principal Subordinate Judge by his Award dated 20-11-1984 enhanced the compensation amount to Rs.18,000/- per acre and also awarded solatium at 15% and interest at 4% per annum on the enhanced compensation foom 15-12-1978, the date on which the acquired land was taken possession, till the date of payment. On 3-6-1991 the petitioner filed LA. No.2546 of 1991 under Section 152 read with Section 151 of the Code of Civil Procedure for amendment of the decree and to incorporate 30% instead of 15% solatium and 9% instead of 4% interest for the first year from the date of taking possession of the land and subsequently at 15% till the date of payment on the ground that while O.P. No.93 of 1981 was pending the provisions of Land Acquisition Act have been amended and that the amended provisions came into force with effect from 24-9-1984. The petitioner sought for amendment of paras 2 and 3 of the Decree as follows:-

(3.) Heard the learned Counsel for the revisicn petitioner and the Government Pleader for Land Acquisition and perused the lower Court records.