LAWS(APH)-2008-12-16

STATE OF A P Vs. ATTIL NARAYANA

Decided On December 19, 2008
STATE OF ANDHRA PRADESH Appellant
V/S
ATTIL NARAYANA Respondents

JUDGEMENT

(1.) THIS review petition has been filed by the State represented by the District Collector and Competent Authority, Visakhapatnam, requesting to review the order of this Court Dated 26. 7. 1989 granting interest and solatium, which is prohibited as per the judgment of the Division Bench in Competent Authority, Special Deputy Collector, L. A. (D) v. T. Penta Reddy, AIR 1988 AP 208 and as land was acquired under Requisitioning and Acquisition of Immoveable Property Act (30 of 1952 ).

(2.) THE learned Counsel for the respondent resisted the application by submitting that there are judgments in support of the contention that there shall not be any discrimination in awarding compensation irrespective of the Act under which the acquisition was made, therefore, this Court was right in granting solatium and interest.

(3.) THE learned Government Pleader representing the review petitioner submits that since there is no express provision in the Requisitioning and Acquisition of Immoveable Property Act (30 of 1952), granting of interest and solatium are prohibited, therefore, the order has to be reviewed by deleting the direction to pay solatium and interest.