Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 16628 (AP)

SPECIAL DEPUTY COLLECTOR-CUM-LAO, KURNOOL DIST v. P SUBRAMANYAM, KURNOOL DIST

LAAS/375/2017 · 2025-08-27

Ninala Jayasurya, Tuhin Kumar Gedela

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010637682017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3549] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA LAND ACQUISITION APPEAL SUIT Nos: 355 and 375 of 2017 LAAS No.355 of 2017: Between: 1. SPECIAL DEPUTY COLLECTOR, CUM-LAND ACQUISITION OFFICER, TELUGU GANGA PROJECT, NADYAL, KURNOOL DISTRICT. ...APPELLANT AND 1. S SEELA LAKSHMI REDDY, S/o. Bala Sanjeeva Reddy, R/o. Nallavagupalli Village, Rudravaram Mandal, Kurnool District. ...RESPONDENT Counsel for the Appellant: 1. GP FOR APPEALS (AP) Counsel for the Respondent: 1. 2 The Court made the following Common Judgment: (Per Hon’ble Sri Justice Ninala Jayasurya) The present appeals arises out of a common order dated 08.06.2016 in L.A.O.P.Nos.106 and 101 of 2013 on the file of Senior Civil Judge, Allagadda. 2. Heard Sri S.Bala Mohan, learned Government Pleader appearing for the appellant. 3. For the purpose of excavation of Major channel in Block No.22 of Telugu Ganga Project, several extents of land situated in different villages of Kurnool District were acquired. The subject land admeasuring Ac.0.82 cents in the village limits of Muthalur, belonging to the respondents/claimants, was acquired pursuant to Section 4(1) notification under the Land Acquisition Act, which was published on 20.02.2005 in the local newspaper. The Land Acquisition Officer vide Award No.37/2004-05, dated 23.03.2005 fixed the market value on the acquired lands at Rs.42,000/- per acre for dry lands in Category-I and Rs.55,000/- for irrigated dry lands in Category-II. The respondents/claimants sought Reference under Section 18 of the Act, seeking market value @ Rs.2,00,000/- per acre. 4. Before the Reference Court, on behalf of the claimants, PW1 to PW3 were examined and Ex.A1 i.e., Certified copy of registered sale deed dated 16.06.2003 in respect of the lands situated at Chinna Kambaluru village and Ex.A2 i.e., Rudravaram Mandal map issued by Special Deputy Collector (L.A), S.R.B.C., Nandyal were marked. No evidence was adduced on behalf of the Referring Officer. Ex.B1 is attested copy of Award No.37/2004-05, dated 23.03.2005. The Reference Court, after appreciating the oral and documentary evidence, fixed the market value @ Rs.92,000/- per acre. 5. During the course of hearing, it is brought to the notice of this Court that in respect of acquisition of lands in the very same village i.e., Muthalur Village, pursuant to Section 4(1) notification dated 30.12.2008, the Land Acquisition Officer vide Award No.13/2010-11, dated 31.07.2010 fixed the market value @ Rs.50,000/- per acre. Aggrieved by the said fixation, a Reference was sought under Section 18 of the Act, seeking fixation of 3 compensation @ Rs.2,00,000/- per acre and the Reference Court, on the basis of the very same documents which are exhibited in the present case, enhanced the market value to Rs.1,20,000/- per acre. The order of the Reference Court was upheld by this Court, vide orders dated 10.07.2025 in L.A.A.S.No.409 of 2016 and batch. 6. Perusing the said order, this Court is of the considered view that the present appeals are squarely covered and the reasoning in the order dated 10.07.2025 is applicable to the facts of the present case. 7. In the aforesaid view of the matter and for the reasons alike, both the appeals fail and are accordingly dismissed. There shall be no order as to costs. 8. As a sequel, Interlocutory Applications pending, if any, in these cases, shall stand closed. ____________________ NINALA JAYASURYA,J _______________________ TUHIN KUMAR GEDELA,J Date : 28.08.2025 BMS