Special Deputy Collector v. Y. Vankahhachowdhary (Dead) By LRs.
1993-04-13
K.RAMASWAMY, R.M.SAHAI
body1993
DigiLaw.ai
JUDGMENT : 1. The point raised in these appeals are covered by the judgment of this Court in Special Tehsildar Lad Acquisition, Visakhapatnam v. Mangala Gowri (smt.) reported at 1991 (4) SCC 218 . Therefore, the deduction of 50% of the market value determined by the High Court towards developmental charges is clearly illegal. The deduction should be at 33 1/3rd of the market value determined by the High Court. It hall be the proper deduction towards developmental charges. As regards the payment of interest at 6% is concerned, it is contrary to the statute as amended by the Madras Amendment Act as applicable to the State of Andhra Pradesh. Therefore, the claimants are entitled to interest only at the rates of 4% on the amounts enhanced. Both the State appeals and claimants' appeals are accordingly allowed but the parties are directed to bear their own costs.