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2025 DAILYLAW 14310 (AP)

Special Deputy Collector-cum v. B. Venkata Subba Reddy

LAAS/41/2016 · 2025-09-10

Ninala Jayasurya, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010175612016 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: 41 and 57 of 2016 LAAS No.41 of 2016: Between: 1. SPECIAL DEPUTY COLLECTOR-CUM, LAND ACQUISITION OFFICER, TELUGU GANGA PROJECT, NANDYAL ...APPELLANT AND 1. B VENKATA SUBBA REDDY, son of B.V. Subba Reddy aged about 42 years, r/o. Govindapalle village, Sirvel Mandal, Kurnool District ...RESPONDENT Counsel for the Appellant: 1. GP FOR APPEALS (AP) Counsel for the Respondent: 1. BALLA RAVINDRANATH & SAVITHRI DEVI 2 The Court made the following Common Judgment: (Per Hon’ble Sri Justice Ninala Jayasurya) Aggrieved by a Common Order dated 30.09.2015 passed in L.A.O.P.Nos.120 and 121 of 2012 on the file of Senior Civil Judge, Allagadda, the State/appellant preferred the present appeals. 2. Heard Sri S.Bala Mohan, learned Government Pleader appearing for the appellant and Smt. B.Savithri Devi, learned counsel for the respondents. 3. For the purpose of excavation of 14/9R Major Distributory in Block No.14 under Telugu Ganga Project, an extent of Ac.6.86 cents in various survey numbers of Chennur Village of Sirivel Mandal was acquired, pursuant to a Notification dated 15.05.2005 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 20.09.2005. The Land Acquisition Officer, after conducting enquiry, passed Award No.35/2005-2006, dated 20.09.2005 granting compensation of Rs.35,000/- 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.1,10,000/- 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 situated in the very same village i.e., Chennur, 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.1,10,000/- per acre. A Division Bench of this Court had considered the matters in detail and dismissed the appeals preferred by the State in L.A.A.S.No.279 of 2015 and batch vide order dated 13.02.2025. The said order is squarely applicable to the present appeals and, therefore, for the reasons alike, both the appeals are dismissed. There shall be no order as to costs. 3 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