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2025 DAILYLAW 14218 (AP)

The Special Deputy Collector v. Kamni Nandiah

LAAS/149/2014 · 2025-09-10

Ninala Jayasurya, Tuhin Kumar Gedela

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Judgment text

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APHC010174832014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3549] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA LAND ACQUISITION APPEAL SUIT Nos: 149, 251, 288, 354 of 2014 & 371, 373 of 2015 LAAS No.149 of 2014: Between: 1. THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION, TELUGU GANGA PROJECT, NANDYAL, KURNOOL. ...APPELLANT AND 1. KAMNI NANDIAH, S/o Late Papanna, R/o Bukkapuram (V), Mahanandi Mandal. ...RESPONDENT Counsel for the Appellant: 1. THE ADVOCATE GENERAL (AP) Counsel for the Respondent: 1. 2 The Court made the following Common Judgment: (Per Hon’ble Sri Justice Ninala Jayasurya) Aggrieved by a Common Order dated 09.07.2012 passed in L.A.O.P.Nos.930, 937, 932, 931, 927 and 929 of 2009 on the file of II Additional Senior Civil Judge, Nandyal, the State/appellant preferred the present batch of appeals. 2. Heard Sri S.Bala Mohan, learned Government Pleader appearing for the appellant. 3. For the purpose of excavation of Nandyal Major Distributory from Kms.0.000 to 2.800 in Block No.10 under Telugu Ganga Project, an extent of Ac.4.03 cents in various survey numbers of Bukkapuram Village of Mahanandi Mandal was acquired, pursuant to a Notification dated 15.11.2003 issued under Section 4(1) of the Land Acquisition Act, 1984 (hereinafter referred to as the ‘Act’). The possession of the lands was taken on 06.05.2002. The Land Acquisition Officer, after conducting enquiry, passed Award No.8/2004-2005, dated 15.03.2005 granting compensation of Rs.45,000/- per acre. Aggrieved by the same, the claimants sought reference under Section 18 of the Act claiming compensation of Rs.2,00,000/- per acre. The learned Reference Court answered the reference by fixing compensation at Rs.2,08,000/- per acre, apart from granting statutory benefits. 4. Though the learned Government Pleader sought to advance his arguments, it is noted that in respect of the acquisition of lands for the very same project and for the same reach as well as the same village i.e., Bukkapuram, this Court had an occasion to deal with the orders passed by the Reference Court under Section 18 of the Act fixing the market value @ Rs.2,08,000/- per acre. A Division Bench of this Court had considered the matter in detail and dismissed the appeals preferred by the State in L.A.A.S.No.368 of 2015 and batch vide order dated 17.10.2024. The said order is squarely applicable to the present batch of appeals and, therefore, for 3 the reasons alike, these appeals are dismissed. There shall be no order as to costs. 5. As a sequel, Interlocutory Applications pending, if any, in these cases, shall stand closed. ____________________ NINALA JAYASURYA,J _______________________ TUHIN KUMAR GEDELA,J Date : 11.09.2025 BMS