APHC010535412016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0.^ THURSDAY,THE TWENTY FOURTH DAY OF JULY fg TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA P. AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT Nos. 283. 284. 301, 302 and 304 of 2016 LAND ACQUISITION APPEAL SUIT NO: 283 OF 2016 Appeal under Section 54 of L.A Act of 1894, against the order and decree passed in O.P No. 482/2012 dt; 12-11-2015 on the file of Senior Civil Judge, Allagadda. Between: Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal. ...Appellant/Respondent AND Kummari Narasimhaiah S/o.Venkataswami, Aged 38 years, R/o. Yerragudidinne Village, Rudravaram Mandal, Kurnool District. ...Respondent/Claimant lA NO: 2 OF 2016 fLAASMP 966 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased grant stay of all further proceedings pursuant to the decree and order passed in OP No.482/2012 dated 12.11.2015 on the file of Senior Civil Judge, Allagadda, Kurnool District. c APHC010681292016 LAND ACQUISITION APPEAL SUIT NO: 284 OF 2016 Appeal under Section 54 of Land Acquisition Act, 1894, against the order and decree passed in O.P No. 486/2012 dt: 12-11-2015 on the file of Senior Civil Judge, Allagadda. Between: Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal ...Appellant/Respondent AND G Venkata Subba Reddy, S/o. Chinna Subba Reddy, Aged 48 years, R/o. Yerragudidinne Village, Rudravaram Mandal, Kurnool District. ...Respondent/Claimant [A NO: 2 OF 2016 (LAASMP 971 OF 20161 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased grant stay of all further proceedings pursuant to the decree and order passed in O.P No. 486 of 2012 dated 12.11.2015 on the file of Senior Civil Judge, Allagadda, Kurnool District. APHC010179372016 LAND ACQUISITION APPEAL SUIT NO: 301 OF 2016 Appeal under Section 54 of Land Acquisition Act, 1894 against the order and decree passed in O.P No.484/2012 dated 12.11.2015 on the file of Senior Civil Judge, Allagadda, Kurnool District 3'— r Between: Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal ...Appeilant/Petitioner AND G Pulla Reddy, S/o.Thirupal Reddy, Aged 58 years, R/o.Yerragudid inne Village, Rudravaram Mandal ,Kurnool District ...Respondent/Claimant lA NO: 2 OF 2016 (LAASMP 1074 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay of all further proceedings pursuant to decree and order passed in OP No.484/2012 dated 12.11.2015 on the file of the Senior Civil Judge, Allagadda, Kurnool District. APHC010205192016 LAND ACQUISITION APPEAL SUIT NO: 302 OF 2016 Appeal under Section 54 of Land Acquisition Act of 1894, against the order and decree passed in O.P No.483/2012 dt. 12.11.2015 on the file of Senior Civil Judge, Allagadda Between: Special Deputy Collector-Cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal ...Appellant/Petitioner AND G Venkateswara Reddy, S/o. Rami Reddy, aged 32 years Yerragudidinne Village, Rudravaram Mandal, Kurnool District. r R/o. ...Respondent/Claimant \A NO: 2 OF 2016 fLAASMP 1076 OF 2016^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay of all further proceedings pursuant to decree and order passed in OP No483/2012 dated 12.11.2015 on the file of the Senior Civil Judge, Alagadda, Kurnool District. APHC010389002016 LAND ACQUISITION APPEAL SUIT NO: 304 OF 2016 1 ij Appeal under Section 54 of L.A Act of 1894, against the order and decree passed in O.P No. 481 of 2012 dt: 12.11.2015 on the file of the Senior Civil Judge, Allagadda. Between: Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal ...Appeilant/Petitioner AND Singa Pedda Rama Subba Reddy, S/o. Late Subba Reddy, Aged 54 years R/o. Yerragudidinne Village, Rudravaram Mandal, Kurnool District. ...Respondent/Claimant lA NO: 2 OF 2016 fLAASMP 1078 OF 2Q16L Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay of all further proceedings pursuant to decree and order passed in OP No.481/2012 dated 12.11.2015 the file of the Senior Civil Judge, on Allagadda, Kurnool District 'T c Counsel for the Appellant in ail the appeals : Sri T.S Rayalu, Government Pleader for Appeals Counsel for the Respondents/Claimants in all the appeals : Sri Balia Ravindranath & Smt. K. Savithrl Devi The Court made the following : c c APHC010535412016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT Nos. 283. 284. 301. 302 and 304 of 2016 LAAS No.283 of 2016: BETWEEN: 1. Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal. ...Appellant AND I.Kummari Narasimhaiah, S/o. Venkataswami, R/o. Yerragudidinne Village, Rudravaram Mandal, Kurnool District. ...Respondent Counsel for the Appellant: 1.GP FOR APPEALS (AP) Counsel for the Respondent: 1.BALLA RAVINDRANATH & SAVITHRI DEVI The Court made the following: 2 c f Common Judgment; (P^r Hon’ble Sri Justice Ninala Jayasurya) Heard Mr. T.S.Rayalu, learned Government Pleader for Appeals. Also heard Smt. Savithri Devi, learned counsel for the respondents / claimants, who appeared through online. 2. Aggrieved by a Common Order dated 12.11.2015 in L.A.O.P.Nos. 482, 486, 484, 483 and 481 of 2012, on the file of the Court of Senior Civil Judge, Allagadda, the State preferred the present batch of appeals. The respondent? herein are the claimants in the said O.Ps. 3. For the purpose of excavation of 36R Sub-Minor Distributory in Block No. 19 of Telugu Ganga Project, Nandyal, the Special Deputy Collector / Land Acquisition Officer issued a Notification dated 12.03.2007 under Section 4 (1) of the Land Acquisition Act (hereinafter referred to as ‘the Act’) for acquisition of land of an extent of Ac.8.38 cents in the village limits of Yerragudidinne Village, Rudravaram Mandal belonging to the respondents / claimants. The Land Acquisition Officer by conducting Award enquiry, classified the lands into two categories i.e., (i) dry lands, (ii) irrigated dry lands and fixed the market value @ Rs.40,000/- and Rs.50,000/- per acre respectively. The 3 respondents / claimants while receiving the compensation under protest sought reference under Section 18 of the Act. Before the Reference Court, the respondents claimed an amount 4. of Rs.2,00,000/- per acre and in support of their case, examined P.Ws.1 (claimant in O.P.No.483 of 2012) to P.W.3 and got marked Exs.AI-Certified Copy of the Sale Deed dated 16.06.2003 and Ex.A2- Rudravaram Mandal Map. On behalf of the Referring Officer, no oral evidence was adduced. Attested Copy of the Award No. 12/2011-12 dated 26.12.2011 in respect of the lands in question was marked as Ex.BI. 5. The Reference Court, on an appreciation of the oral and documentary evidence, enhanced the compensation in respect of subject lands to Rs.1,08,000/- per acre. 6. Mr. T.S.Rayalu, the learned Government Pleader, vehemently contends that the enhancement of the compensation by the Reference Court is without any valid basis. He submits that the respondents / claimants have not adduced any cogent evidence to substantiate their claim for enhancement of the compensation. He argues that Ex.AI- Sale transaction dated 16.06.2003 is in respect of the lands situated in altogether a different village i.e., Chinna Kambaluru village, and even according to the respondents / claimants, the distance between the said 4 ( ( village and the subject matter lands under acquisition situated in Yerragudidinne is about 5 Kms. Therefore, the said sale transaction ought not to have been taken into consideration and the value fixed by the Land Acquisition Officer by taking the sale statistics at the time of Award enquiry ought to have been approved by the Reference Court. Making the said submissions, the learned counsel urges for allowing the appeals. On the other hand, Smt.Savithri Devi, learned counsel for the 7. respondents / claimants appearing through online made submissions to sustain the order of the Reference Court. She contends that the Reference Court considered both oral and documentary evidence in the proper perspective and in the light of the settled legal position referred to in the order under challenge, no interference is called for by this Court in the present appeals. 8. This Court has considered the submissions made and the point that arises for adjudication is: Whether the fixation of market value by the Reference Court vide Common Crder under challenge warrants interference by this Court as the same is excessive? At the outset, it may be appropriate to mention that hundreds of 9. acres of land situated in different villages of Kurnool District were acquired for the purpose of the Telugu Ganga Project. Most of these 5 villages are contiguous and nature of the land in most of these villages is similar. Be that as it may. As noted earlier, seeking enhancement of the compensation in respect of the subject matter lands, the claimants got examined P.W.1 (claimant in O.P.No.483 of 2012) and P.Ws.2 and 3. They relied Ex.AI dated 16.06.2003 which is in respect of land situated at Chinna Kambaluru Village, wherein an extent of Ac.0.50 cents was sold for Rs.40,000/- which works out to Rs.80,000/- per acre. In the claim statement before the Reference Court, the respondents / claimants stated that the fixation of market value is too low, that the Land Acquisition Officer was not correct in making the classification of lands and that it is proper to fix the market value @ Rs.2,00,000/- per acre. P.W.1 filed affidavit in lieu of chief examination supporting the contents of the claim statement. P.W.3, one of the attestors to the Sale Deed dated 16.06.2003(Ex.A1) supported the version of P.W.1. Most importantly, P.W.2, the Mandal Agricultural Officer whose jurisdiction extends to Chandalur, Mandalur, Narasapuram, Alamur, Chinna Kambaluru, Peddakambalur, Kondamayapalli, Velagalapalli villages also Yerraguddidinne Village where the subject lands and Ex.AI lands are situated, categorically deposed that the said lands are having similar crop pattern, productivity and the market value. Nothing contra was elicited in the cross examination of P.Ws.1 to 3. It is also brought 10. on as 6 C f on recorci that the eaid villages are situated within a distance of 10 Kms., radius. No contra evidence was adduced either oral or documentary on behalf of the Referring Officer, in the absence of which, the compensation has to be fixed on the basis of the evidence adduced by the claimants. 11. At this juncture, the contention raised by the learned Government Pleader with regard to the sales statistics relied on by the Land Acquisition Officer may also be referred to. However, it is settled law that unless the sale transactions forming basis for fixation of compensation by the Land Acquisition Officer are exhibited, the same cannot be treated as evidence though a reference was made in the Award (See: 1988 (3) SCO 751). Therefore, mere marking of Ex.BI- Award in the absence of oral and documentary evidence supporting the fixation of market value by the Land Acquisition Officer would not enure to the benefit of the State. Be that as it may. 12. In the land acquisition matters, the Law is well settled that the Court is required to fix just and reasonable compensation. 13. In the present case, to substantiate their claim for enhancement the respondents / claimants placed reliance on Ex.AI-Registered Sale Deed dated 16.06.2003. The sale transaction is in respect of an extent of Ac.0.50 cents ( V2 acre) for Rs.40,000/- which took place more than 7 372 years prior to the issuance of Section 4(1) Notification dated 12.03.2007 in respect of the subject matter lands. In the absence of any contra material on record adduced by the Referring Officer, the Court has no option except to take the said Sale Deed into consideration, by taking the time gap of 3 72 years. In Omprakash and Ors., v. Union of lndia\ the Hon’ble Supreme Court opined that 12% value appreciation per annum, in the attending facts and circumstances can be taken into consideration. Therefore, by taking the time gap of 3 14 years and the value appreciation @ 12% p.a., the market value of the subject matter lands on the basis of Ex.AI would come to Rs. 1,19,138/-, which is more than the market value fixed by the Reference Court @ Rs. 1,08,000/- per acre. However, objections are preferred by the respondents / claimants. Though the subject matter lands are categorized into dry lands and irrigated dry lands, going by the evidence on record, more particularly P.W.2- Agricultural Officer and the potentiality of the acquired lands which suitable for both commercial and food crops by virtue of Telugu Ganga Project / Distributory canals, fixation of compensation uniformly @ Rs.1,08,000/- per acre, in the considered opinion of this Court is just and reasonable. Accordingly, the point is answered. 14. no cross are ^ AIR 2004 SC 4135 8 15. Having considered the matter in its entirety, there are no grounds to interfere with the well reasoned order of the learned Reference Court. 16. In the aforesaid view of the matter, the appeals fail and the are accordingly dismissed. No costs. same Consequently, the Miscellaneous Applications pending, if any, shall also stand dismissed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District (with records if any) 2. Two CCs to Government Pleader for Appeals, High Court of Andhra Pradesh [OUT] 3. One CC to [OPUC] 4. The Section Officer, V.R Section, High Court of Andhra Pradesh at Amaravathi Sri Balia Ravindranath & Smt. Savithri Devi Advocate 5. Two CD Copies Stu vna H GH COURT DATED;24/07/2025 COMMON JUDGMENT + DECREE ILAAS NO. 283, 284, 301, 302 AND 304 OF 2016 DISMISSING THE APPEALS APHC010205192016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE oo PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 302 OF 2016 Between: Special Deputy Collector-Cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal ...Appellant/Petitioner AND G Venkateswara Reddy, S/o. Rami Reddy, aged 32 years Yerragudidinne Village, Rudravaram Mandal, Kurnool District. R/o. ...Respondent/Claimant Appeal under Section 54 of Land Acquisition Act of 1894, against the order and decree passed in O.P No.483/2012 dt. 12.112015 on the file of Senior Civil Judge, Allagadda. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Trial Court and material papers in the petition and upon hearing arguments of Sri T.S Rayalu, Government Pleader for Appeals, Advocate for the Appellant and Sri Balia Ravindranath, Smt K. Savithri Devi, Advocates for Respondent/Cla imant. This Court doth Order and decree as follows: 1. That the appeal be and is hereby dismissed; 2. That there be no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District 2. Two CD Copies vna HIGH COURT DATED:24/07/2025 DECREE LAAS NO. 302 OF 2016 nj C3.// K 0 9 SEP 2025 DISMISSING THE APPEAL APHC010389002016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 1 THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 304 OF 2016 Between: Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal ...Appellant/Petitioner AND Singa Pedda Rama Subba Reddy, S/o. Late Subba Reddy, Aged 54 years R/o. Yerragudidinne Village, Rudravaram Mandal, Kurnool District. ...Respondent/Claimant Appeal under Section 54 of L.A Act of 1894, against the order and decree passed in O.P No. 481 of 2012 dt; 12.11.2015 on the file of the Senior Civil Judge, Allagadda. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Trial Court and material papers in the petition and upon hearing arguments of Sri T.S Rayalu, Government Pleader for Appeals, Advocate for the Appellant and Sri Balia Ravindranath, Smt K. Savithri Devi, Advocates for Respondent/Cla imant. This Court doth Order and decree as follows: 1. That the appeal be and is hereby dismissed; 2. That there be no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District 2. Two CD Copies vna HIGH COURT DATED:24/07/2025 DECREE LAAS NO. 304 OF 2016 DISMISSING THE APPEAL APHC010179a72016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 301 OF 2016 Between: Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal ...Appellant/Petitioner AND G Pulla Reddy, S/o.Thirupal Reddy, Aged 58 years, R/o.Yerragudid inne Village, Rudravaram Mandal ,Kurnool District ...Respondent/Claimant Appeal under Section 54 of Land Acquisition Act, 1894 against the order and decree passed in O.P No.484/2012 dated 12.11.2015 on the file of Senior Civil Judge, Allagadda, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Trial Court and material papers in the petition and upon hearing arguments of Sri T.S Rayalu, Government Pleader for Appeals, Advocate for the Appellant and Sri Balia Ravindranath, Smt K. Savithri Devi, Advocates for Respondent/Cla imant. This Court doth Order and decree as follows: 1. That the appeal be and is hereby dismissed; 2. That there be no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// T SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District 2. Two CD Copies vna r HIGH COURT DATE0:24/07/2025 DECREE .V LAAS NO. 301 OF 2016 DISMISSING THE APPEAL APHC010681292016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI K ryj THURSDAY,THE TWENTY FOURTH DAY OF JULY Ig TWO THOUSAND AND TWENTY FIVE V PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA >li o AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 284 OF 2016 Between: Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal ...Appellant/Respondent AND G Venkata Subba Reddy, S/o. Chinna Subba Reddy, Aged 48 years, R/o. Yerragudidinne Village, Rudravaram Mandal, Kurnool District. ...Respondent/Claimant Appeal under Section 54 of Land Acquisition Act, 1894, against the order and decree passed in O.P No. 486/2012 dt; 12-11-2015 on the file of Senior Civil Judge, Allagadda. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Trial Court and material papers in the petition and upon hearing arguments of Sri T.S Rayalu, Government Pleader for Appeals, Advocate for the Appellant and Sri Balia Ravindranath, Smt K. Savithri Devi, Advocates for Respondent/Claimant. This Court doth Order and decree as follows: 1. That the appeal be and is hereby dismissed; 2. That there be no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Civil Judge (Senior Division), Allagadda, Kurnool District 2. Two CD Copies vna HIGH COURT DATED:24/07/2025 DECREE LAAS NO. 284 OF 2016 DISMISSING THE APPEAL '• ■ APHC010535412016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 283 OF 2016 Between: Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal. ...Appellant/Respondent AND Kummari Narasimhaiah, S/o.Venkataswami, Aged 38 years, R/o. Yerragudidinne Village, Rudravaram Mandal, Kurnool District. ...Respondent/Claimant Appeal under Section 54 of L.A Act of 1894, against the order and decree passed in O.P No. 482/2012 dt; 12-11-2015 on the file of Senior Civil Judge, Allagadda. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Trial Court and material papers in the petition and upon hearing arguments of Sri T.S Rayalu, Government Pleader for Appeals, Advocate for the Appellant and Sri Balia Ravindranath, Smt K. Savithri Devi, Advocates for Respondent/Cla imant. This Court doth Order and decree as follows: 1. That the appeal be and is hereby dismissed; 2. That there be no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Civil Judge (Senior Division), Allagadda, Kurnool District 2. Two CD Copies vna HIGH COURT DATED:24/07/2025 DECREE LAASNO. 283 OF 2016 DISMISSING THE APPEAL