V. RAMAKRISHNA RAO v.

SINGARENI COLLIERIES COMPANY LTD. & ANR. I.A. No. 2

IN (Civil Appeal No. 7655 of 2004)

APRIL 21, 2011 [G.S. Singhvi and Asok Kumar Ganguly, JJ.]

[2011] 5 SCR 557

The following order of the Court was delivered

O R D E R

This is an application for correction of typographical errors in paragraphs  

3,  12  and  13  of  judgment  dated  October  5,  2011  vide  which  this  Court  

allowed  the  appeal  preferred  by  the  appellant-applicant,  reversed  the  

judgment of the Division Bench of the Andhra Pradesh High Court and held  

that the application filed by the appellant under Section 28A(3) of the Land  

Acquisition Act, 1894 is maintainable.

We have heard learned counsel for the applicant and the respondents  

who  agree  that  the  typographical  errors  in  paragraphs  3,  12  and  13  of  

judgment dated October 5, 2010 may be corrected. In view of the above we  

direct that:

i) The last 4 lines of paragraph 3 shall stand substituted with the following:

“The Reference Court reconsidered the matter and passed order dated  

17.7.2000,  whereby  it  fixed  market  value  of  the  acquired  land  at  

Rs.30,000/-  per  acre  and  also  granted  compensation  at  the  rate  of  

Rs.15,000/- towards subsoil  mineral rights apart from 30% solatium on  

enhanced  compensation  with  12% interest  on  additional  market  value  

from the date of  notification to the date of award and 9% interest  per  

annum from the date of taking possession for a period of one year and

thereafter 15% per annum till realisation of the enhanced compensation.  

The appeals filed by the parties against the fresh determination of market  

value by the Reference Court are pending before the High Court.”

ii) The last 7 lines of paragraph 12 of judgment dated October 5, 2010  

shall stand substituted with the following:

“If the High Court dismisses both the appeals, then too the appellant will  

be entitled to compensation at the rate of Rs.30,000/- per acre for the  

acquired  land  and  compensation  at  the  rate  of  Rs.15,000/-  per  acre  

towards subsoil mineral rights with other benefits. If, on the other hand,  

the amount of compensation payable in terms of order dated 17.7.2000  

passed by the Reference Court is reduced by the High Court then the  

amount payable to the appellant will have to adjusted accordingly.”  

iii) In paragraph 13, the number of Appeal Suit shall be substituted and  

shall always be deemed to have been substituted as 1634 instead of 1643.

I.A. is allowed in the manner indicated above.