- (1.)HEARD earned counsel representing revision petitioner. The respondent had been served, proof of service had been filed and none represents the respondent.
(2.)SRI N. Vasudeva Reddy, learned counsel representing the revision petitioner would maintain that the learned Senior Civil Judge, Narayanpet, committed a serious irregularity in holding that the claimant-petitioner is not entitled for interest from 20. 7. 2001 i. e. , the date of dismissal of O. P. till the disposal of the main O. P. The learned counsel also would maintain that the learned Judge ought to have appreciated the fact that the grant of interest is a statutory relief under the provisions of Land Acquisition Act, 1894 (as amended by Act 68 of 1984) as such the said relief cannot be denied nor subjected to any condition. The learned counsel also would maintain that the learned Judge ought to have appreciated the fact that the interest is payable on the market value, solatium and the additional market value from the date of taking possession of the lands under acquisition, as a matter of right, as it is mandatory and it is not discretionary. Further, the learned counsel had taken this Court through different provisions of the Land Acquisition Act, 1894 and also would maintain that in the facts and circumstances case the very making of the default order is not sustainable and further the counsel would contend that in addition thereto imposition of onerous condition also cannot be sustained. The learned counsel placed strong reliance on the decisions in Vijay Kumar Madan and others V. R. N. Gupta Technical Education Society and others, AIR 2002 SC 2082 and khazan Singh (dead) by LRs. V. Union of India, 2002 2 SCC 242.
(3.)THE civil revision petition is filed as against an order made in i. A. No. 350 of 2005 in old O. P. No. 41 of 2000 dated 30. 11. 2007 wherein the learned judge while restoring the main O. P. observed that the petition is allowed subject to the condition that the petitioner is not entitled for any statutory interest from the date of dismissal for default i. e. , 20. 7. 2001 till disposal of the O. P. Both parties are directed to cooperate with the court for early disposal of the main O. P.