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2002 Supreme(AP) 874
Andhra Pradesh High Court
Judges : DALAVA SUBRAHMANYAM, S.R.NAYAK
Land Acquisition Officer/revenue Divisional Officer, Miryalaguda - Appellant
Versus
Lavoori Deshya - Respondent
Decided On : 07-19-02
Headnote:
Land Acquisition Act - Section 4 (1) - Land Acquisition and Requisition – Land acquired land for extension of tank – Compensation granted – Seeking Enhancement of Compensation - Officer-cum-Revenue Divisional Officer filed A. S. against decree and award passed in OP on file of Senior Civil Judge, Miryalguda in enhancing compensation at Rs. 55,000. 00 per acre for lands acquired with solatium and further interest from 8-2-1971 at 9% per annum for one year and thereafter at 15% per annum till date of realization - LAO, Miryalguda filed AS No. 1157 of 2001 against decree and award passed in OP No. 57 of 1994 in enhancing compensation at Rs. 55,000. 00 per acre for the acquired lands with solatium and further interest at 9% per annum from 8-2-1971 for one year and thereafter at 15% per annum till date of realization - Held, Court have gone through the decisions of apex Court which are relied on by the Advocates for respondents - Provisions of Section 30 (3) (a) and (b) of Amendment Act was not considered and interpreted in those decisions - It is necessary to interpret provisions of Section 34 of Act read with Section 30 (3) (a) and (b) of Amendment Act by this Constitutional Bench - It was held "even though Amendment Act was prospective and transitory provision had only retro limited activity" - Considering the above provisions and after hearing Additional Advocate-General and Counsel for respondents, we are of view that intention of Legislature was only to give benefits for lands acquired before 30-4-1982 till date of new Act came into force i. e. , 24-9-1984. The words "from that date" would only imply 30-4-1982 but not prior date – Court hold that claimants are entitled to the benefits of Amendment Act 68 of 1984 only from 30-4-1982 and interest awarded prior to 30-4-1982 by lower Court at the rate of 9% for one year and thereafter at 15% per annum is not maintainable, but they are entitled to interest as per Madras Act XII of 1953 i. e. , at the rate of 4% per annum only - AS partly allowed.
( 1 ) THE Land Acquisition Officer-cum-Revenue Divisional Officer, Miryalguda, Nalgonda District (for short the LAO ) filed A. S. No. 3286 of 2000 against the decree and award dated 26-8-2000 passed in OP No. 59 of 1994 on the file of the Senior Civil Judge, Miryalguda in enhancing the compensation at Rs. 55,000. 00 per acre for the lands acquired with solatium and further interest from 8-2-1971 at 9% per annum for one year and thereafter at 15% per annum till the date of realisation.
( 2 ) THE LAO, Miryalguda filed AS No. 1157 of 2001 against the decree and award dated 17-1-2001 passed in OP No. 57 of 1994 in enhancing the compensation at Rs. 55,000. 00 per acre for the acquired lands with solatium and further interest at 9% per annum from 8-2-1971 for one year and thereafter at 15% per annum till the date of realisation.
( 3 ) WRIT Appeals 1417 of 1997 and 1431 of 1997 were tiled by the Government against the common order dated 14-9-1995 passed in WP No. 12276 of 1994 and WP No. 17858 of 1995 in directing the LAO to pay interest at 9% per annum from 8. 2. 1971 for a period of one year till 8. 2. 1972 and thereafter at 15% per annum till the date of realisation for the lands acquired.
( 4 ) WA No. 608 of 1998 was filed by the LAO against the order dated 27-3-1996 passed in WP No. 2551 of 1996 in directing the respondents to pay interest at 9% per annum from 8-2-1971 to 8-2-1972 and thereafter at 15% per annum from 9-2-1972 till the date of realisation for the lands acquired.
( 5 ) WA No. 424 of 1999 was filed by the LAO against the order dated 17-4-1996 in WP No. 7377 of 1996 in directing the LAO to pay interest at 9% per annum from 8. 2. 1971 to 8. 2. 1972 and thereafter at 15% per annum till the date of realisation for the lands acquired.
( 6 ) THE brief facts of the above cases are as follows:
( 7 ) THE Government acquired an extent of Ac. 159. 08 guntas of wet land for extension of tank called bhairavuni cheruvu situated in several survey numbers in Damaracherla village and Mandal in Nalgonda District, out of which an extent of Ac. 101. 05 1/2 guntas of land belong to the claimants in OP No. 59 of 1994 and the remaining extent of land belong to the claimants in O. P. No. 57 of 1994 on the file of the Senior Civil Judge, Miryalguda. The LAO issued notification under Section 4 (1) of the Land Acquisition Act (for short the Act ) on 8-11-1990. The LAO held enquiry with regard to the market value and, after conducting the enquiry, adopted the comparable sale transactions and passed an award on 24-11-1992 fixing the market value for the acquired lands at Rs 12. 5007- per acre. Advance possession of these lands were taken on 8-2-1971 invoking the urgency clause contemplated under Section 17 (3-A) of the Act. Most of the claimants belong to Scheduled Tribe and their sole livelihood was lost. They were raising two crops in an year and getting yield of 40 bags of paddy per year per acre and the total annual income comes to Rs. 10,000. 00 per acre. Damaracherla village is situated on either side of the State High way leading from Hyderabad to Guntur by crossing Krishna river. It is a Mandal head quarter since 1985. After establishing Mandal head quarters, it has become a commercial center. The LAO after giving an opportunity to the claimants and after hearing fixed the market value at Rs. 12,5007- per acre and also awarded interest at 4% per annum for some period and at 6% per annum for the remaining period. The claimants filed WPNo. 12276 of 1994, WP No. 17858 of 1995, WP No. 2551 of 1996 and WP No. 7377 of 1996. After hearing both sides, the writ petitions were allowed directing the LAO to pay interest at 9% per annum from 8-2-1971 for a period of one year and thereafter at 15% per annum till the date of realisation. Aggrieved against the said orders in the above writ petitions, WA No. 1431 of 1997. WA No. 1417 of 1997, WA No. 608 of 1998 and WA No. 424 of 1999 were filed. Meanwhile, the claimants claim
