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2011 Supreme(Online)(SC) 58

SUPREME COURT
A.M. Khanwilkar, J
Koka Suryanarayana Rao and Others v. L.A. Officer & R. D. Officer A.P.
Civil Appeal Nos. 4133-4143 of 2008



The Land Acquisition Officer cannot contest compensation calculations already adjudicated in previous litigation.

Headnote:The court analyzed the execution of decrees related to compensation for land acquisition under relevant statutes. The appellants challenged the High Court's directions in civil revisions, contesting the correctness of compensation calculations. The court found the High Court erred, reaffirming earlier determinations on compensation and interest, leading to restoration of the Executing Court's order.

Table of Content
1. overview of land acquisition and compensation awarding process. (Para 2 , 3 , 4)
2. arguments regarding execution petitions and compensation calculations. (Para 9 , 10)
3. court's perspective on the correctness of computation in previous and current claims. (Para 11 , 12 , 13 , 14 , 15 , 16)

1. Leave granted in all special leave petitions.

2. By these appeals the judgment passed by the learned Single Judge of the Andhra Pradesh High Court allowing the civil revision petitions filed by the Land Acquisition Officer and Revenue Division Officer, Kakinada are in challenge. By the instant judgment, the said civil revision petitions were allowed and some directions were given to the Executing Court which was executing the decrees earned by the appellants herein. These civil revisions were filed against the order passed by the Court of IInd Additional Senior Civil Judge, Kakinada which was dealing with the execution petitions filed by the appellants herein. In those execution petitions, the calculations made by the decree holder - appellants herein regarding the decretal amount were accepted and the Land Acquisition Officer - judgment debtor was directed to deposit the amounts in terms of the calculations made by the decree holders.

3. Lands belonging to the appellants were acquired for the purpose of construction of bus station complex at Pithapuram. This was done on the basis of a requisition made by Andhra Pradesh State Road Transport Corporation (hereinafter called `APSRTC' for short). Possession was already taken of the land with building and trees on 29.1.1978 itself and award came to be passed on 1.6.1981 awarding compensation @ Rs.10 per square yard (48,400/- per acre) for the land, and Rs.97,930/- for permanent structures and Rs.740/- towards tress. A reference was made under S.18 of the Act by the appellants herein and the reference Court by its order and decree dated 25.4.1984 enhanced the compensation @ Rs.40/- per square yard from Rs.10/- per square yard. It also increased the compensation for buildings as well as the trees. It also ordered the solatium @ 15% and interest @ 4 % per annum from the date of taking possession of the acquired land. Appeals came to be filed against this judgment. The High Court, however, confirmed the said judgment by its judgment dated 5.2.1992 in appeal No.1970 of 1985. While confirming the compensation awarded and the rate fixed by the reference Court, the High Court further held that in addition to the market value of the land, the claimants shall be entitled to the additional amount calculated @ 12 % per annum on such market value for the period commencing on and from date of publication of notification under S.4(1) of the Act to the date of award of the Collector or the date of taking possession of the land, whichever was earlier as contemplated under S.23(1)A of the Amendment Act No. 68 of 1984. It was also ordered that the claimants - appellants - decree holders would also be entitled to solatium @ 30 % and interest @ 9 % per annum from the date of taking possession till the date of payment.

4. The Land Acquisition Officer deposited the amount as awarded by the reference Court awarding 12 % additional market value, solatium and interest by the High Court.

5. The claimants had filed execution petitions claiming compensation which was ordered by the Executing Court on 11.8.2005. The calculation made by the Court in the execution petitions suggested that apart from the market value, 30 % solatium and 12 % additional market value were also added for arriving at the proper compensation and on that amount interest @ 9 % per annum was also claimed from 29.1.1978 for a period of a year i.e. up to 28.1.1979 and thereafter @ 15 % per annum. The Executing Court also deducted the amount paid on 1.6.1981 and the interest was calculated on the balance amount including interest on the additional market value and accrued interest by deducting the compensation already paid under the awa















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