B. SUDERSHAN REDDY, J.

( 1 ) THE Andhra Pradesh State Road transport Corporation (hereinafter referred to as the Corporation ) filed these applications seeking leave of this Court to file a review petition, to condone the delay of 5509 days in filing the review petition and to review the judgment dated 24-2-1989 passed in A. S. No. 1582 of 1982 by a learned single Judge of this Court. All these applications are being disposed of by a common order.

( 2 ) IN order to consider as to whether the petitioner-Corporation has made out any case requiring the interference of this Court to review the judgment rendered by this court after a period of 15 long years, a few relevant facts may have to be noticed.

( 3 ) THE petitioner-Corporation some time in June, 1974 placed a requisition with the revenue Divisional Officer, Kurnool to acquire an extent of Acs. 37. 17 cents of land covered by Sy. Nos. 412, 413, 415, 416, 417, 418 and 430 etc. , situated at Kallur Village of kurnool Town for construction of a bus station. The requisition was processed resulting in publication of the notification under Section 4 (1) of the Land Acquisition act, 1894 (for short the Act ) in the Official gazette on 2-1 -1975. The possession of the lands was taken as early as on 11-3-1977. The Land Acquisition Officer passed Award no. 1 of 1979 dated 25-1-1979 in respect of ac. 2. 03 cents of land covered by Sy. Nos. 415/2b and 417/a and B etc. , fixing the market value at Rs. 30,000/- per acre with attendant benefits as per the Act. The 2nd respondent-claimant is the owner of Ac. 1. 74 cents out of the said land admeasuring ac. 2. 03 cents in respect of which the award has been passed by the Land Acquisition officer.

( 4 ) THE respondent-claimant sought for a reference under Section 18 of the Act and it was numbered as O. P. No. 140 of 1979 on the file of the II Additional Subordinate judge, Kurnool. The learned Subordinate judge vide the award and decree dated 4-2-1982 assessed the market value of the acquired land at Rs. 50,000/- per acre and accordingly granted enhanced compensation.

( 5 ) THE Revenue Divisional Officer/land acquisition Officer, Kurnool preferred A. S. No. 1643 of 1982 challenging the correctness of the award and decree made in O. P. No. 140 of 1979. The amounts were deposited on 11-10-1984 in the Court.

( 6 ) THIS Court by its judgment dated 23-2-1989 dismissed the appeal in A. S. No. 1643 of 1982 upholding the decision of the reference Court. The Court while dismissing the appeal preferred by the Land acquisition Officer, however, observed that in addition to the market value of the land, the claimant shall be entitled to additional amount calculated at 12% per annum from the date of publication of the notification under Section 4 (1) of the Act till the date of award of the Collector, or the date of taking possession of the land whichever is earlier as provided for under Section 23 (1 -A) of the amended Act 68 of 1984. This Court also took the view that in addition to the market value of the land, the claimant shall be entitled to solatium of 30% on such market value under Section 23 (2) of the Act. That if the compensation is not deposited on or before taking possession of the land, the claimant shall be entitled to interest on such amount at the rate of 9% per annum from the date of taking possession only and if such a compensation or any part thereof is not paid or deposited within a period of one year from the date of taking possession, interest at the rate of 15% per annum shall be paid from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited as provided under Section 34 of the Act. However, so far as such payment of additional amount, solatium and interest is concerned, the Court observed that the same shall be subject to the decision of the supreme Court.

( 7 ) THE appeal in A. S. No. 1582 of 1982 filed by the claimant has come up for hearing before t

Click Here to Read the rest of this document