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2008 DIGILAW 1098 (AP)

Land Acquisition Officer/Revenue Divisional Officer, Nalgonda District v. Dharavath Bhojya

2008-12-23

L.NARASIMHA REDDY

body2008
Judgment :- This application is filled with a prayer to review the order dated 21-3-2007 rendered by this court in C.R.P.No. 6007 of 2006. The question that arose for consideration in the revision petition was as to whether the respondents herein are entitled to be paid interest in solatium and additional market value. It is only through the judgment in (Sunder V. Union of India) that the Supreme court held that interest is payable on solatium and additional market value. The question as to whether such benefit is available, if the land was acquired prior to the said judgment and where the proceedings have assumed finality was dealt with by the Supreme court in (Gurpreet Singh V. Union of India) The Supreme Court held that the benefit would be available only from the date of judgment in Sunder’s Case (1 Supra). In the Judgment under review, this court extended the benefit of interest on solatium and additional market value, “restricted upto 31-01-2008” instead of form the date of judgment in Sunder’s case (1 Supra). There is a clear error in stipulating the dates with effect from which the respondents are entitled to be paid interest on solatium and additional market value. Hence, it is directed that the last sentence of the judgment in revision petition shall read as under: “The interest on additional market value shall be reckoned form 19-09-2001 i.e., from the date of the judgment in Sunder’s case (1 Supra)”. In all other aspects, the judgment shall remain as it is. It is represented that the petitioner has since deposited a sum of Rs. 10.00 lakhs towards the provisional compliance with the decree, the respondents shall be entitled to withdrew the same.