IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No’s: 408.413.430 and 435 of 2016 LAND ACQUISITION APPEAL SUIT No: 4n« nf APHC010813172016 Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in LAOP No. 594 of 2012 dated 19-01-2018 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District. Between: The Special Deputy Collector-cum- Land Acquisition Officer, Telugu Ganga Project,Nandyal, Kurnool District. ..Appellant/ Referring officer AND Boreddy Ramagopal Reddy, S/o. Rami Reddy, age 45 years, R/o. Mandaluru Village, Rudravaram Mandal, Kurnool District. ...Respondent/ Claimant IV lA NO: 2 OF 2016(LAASMP 1179 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 in OP No.594/2012 dated 19.01.2016 the file of Senior Civil Judge, Allagadda, Kurnool District Counsel for the Petitioner: SRI T.S RAYALU, GP FOR APPEALS (AP) Counsel for the Respondent: SRI BALLA RAVINDRANATH & Ms. K.SAVITHRI DEVI to on LAND ACQUISITION APPEAL SUIT NO: 413 OF 2016 APHC010234302016 0^ Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in LAOP No. 593 of 2012 dated 19-01-2016 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District. Between: The Special Deputy Collector-cum- Land Acquisition Officer, Telugu Ganga Project,Nandyal, Kurnool District. ..Appellant / Referring officer AND Nuka Pratapa Reddy, S/o.Bala Nagi Reddy. Age 30 years, R/o.Mandaluru Village, Rudravaram Mandal, Kurnool District. ...Respondent / Claimant lA NO: 2 OF 2016fLAASMP 1187 OF 201fi) 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 in OP No.593/2012 dated 19.01.2016 on the file of Senior Civil Judge, Allagadda, Kurnool District Counsel for the Petitioner; SRI T.S RAYALU, GP FOR APPEALS Counsel for the Respondent: SRI BALLA RAVINDRANATH & Ms. K.SAVITHRI DEVI LAND ACQUISITION APPEAL SUIT NO: 430 OF 2016 APHC010597782016 Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in LAOP No. 590 of 2012 dated 19-01-2016 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District. Between: The Special Deputy Collector-cum- Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ..Appellant/ Referring officer AND Pitchala Balamma, W/o.Subba Reddy, Age 65 years, R/o.Mandaluru Village Rudravaram Mandal, Kurnool District. ...Respondent/ Claimant lA NO: 2 OF 2016(LAASMP 1209 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 LAOP No.590/2012 dated 19.01.2016 on the file of Senior Civil Judge, Allagadda, Kurnool District Counsel for the Petitioner: SRI T.S RAYALU, GP FOR APPEALS Counsel for the Respondent: SRI BALLA RAVINDRANATH & Ms. K.SAVITHRI DEVI LAND ACQUISITION APPEAL SUIT NO: 435 OF 2016 APHC010814532016 i^ii^ Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in LAOP No. 591 of 2012 dated 19-01-2016 the Civil Judge (Senior Division), Allagadda, Kurnool District. Between: The Special Deputy Collector-cum- Land Acquisition Officer, Telugu Ganga Project,Nandyal, Kurnool District. on the file of ..Appellant/ Referring officer AND S.Laxmikantha Reddy, S/o.Laxmi Narasimha Reddy, Age 32 years R/o.Mandaluru Village, Rudravaram Mandal, Kurnool District. ...Respondent/ Claimant lA NO: 2 OF 2016(LAASMP 1222 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 LAOP No.591/2012 dated 19.01.2016 on the file of Senior Civil Judge, Allagadda, Kurnool District Counsel for the Petitioner: SRI T.S RAYALU, GP FOR APPEALS (AP) Counsel for the Respondent: SRI BALLA AVINDRANATH & Ms. K.SAVITHRI DEVI The Court made the following Common Judgment: % 1 NJS, J & TRR, J LAAS 408 2016 & batch APHC010742722015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] THURSDAY,THE TENTH 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: 408. 413. 430 and 435 of 2016 LAAS No.408 of 2016 Between: 1. The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...APPELLANT AND 1. Boreddy Ramagopal Reddy, S/o.Rami Reddy Aged 45 years, R/o.Mandaluru Village, Rudravaram Mandal, Kurnool District. ...RESPONDENT Counsel for the Appellant: 1.GP FOR APPEALS (AP) Counsel for the Respondent: 1. Mr.Balla Ravindranath 2. Smt.Savithri Devi 2 NJS, J & TRR, J LAAS_408_2016 & batch The Court made the following Common Judgment: (PerHonyesnjustice N.naiajayasurya) Heard Mr.T.S.Rayalu, learned Government Pleader for Appeals. Also heard Smt.Savithri Devi, learned counsel for the respondents / claimants, who appeared through on line. 2. Aggrieved by a Common Order dated 19.01.2016 in L.A.O.P.No.590 591, 593 and 594 of 2012 on the file of the Court of Senior Civil Judge, Allagadda, the State preferred the present batch of appeals. The respondents herein are the claimants in the said O.Ps. 3. For the purpose of excavation of 40-L Sub-Minor Distributory in Block No.21 of Telugu Ganga Project, Nandyal, the Special Deputy Collector / Land Acquisition Officer issued a Notification dated 30.12.2008 under Section 4 (1) of the Land Acquisition Act (hereinafter referred to as ‘the Act’) for acquisition of land of an extent of Ac. 10.70 cents in the village limits of Muthalur and Mandalur Villages, Rudravaram Mandal belonging to the respondents / claimants. The Draft Declaration under Section 6 of the Act was also published on 30.12.2008. Thereafter, the Land Acquisition Officer by conducting Award enquiry, classified the lands into two categories i.e., (i) rain- fed lands, (ii) irrigated dry lands under bore well and fixed the market value @ Rs.45,000/- and Rs.50,000/- per acre respectively. The respondents / claimants while receiving the compensation under protest, sought reference under Section 18 of the Act. 4. Before the Reference Court, the respondents claimed an amount of Rs.2,00,000/- per acre and in support of their case examined NJS, J & TRR, J LAAS_408_2016 & batch P.Ws.1 (Claimant in O.P.No.593 of 2012) to P.W.3 and got marked Ex.AI- Certified Copy of the Sale Deed dated 16.06.2003 and Ex.A2-Rudravaram Mandal Map issued by Special Deputy Collector (L.A.), S.R.B.C., Nandyal. “ On behalf of the Referring Officer, no oral evidence was adduced. Attested Copy of the Award No.13/2010-11 dated 31.07.2010 in respect of the lands in question was marked as Ex.BI. The Reference Court, on an appreciation of the oral and documentary evidence, enhanced the compensation in respect of subject lands to 5. Rs.1,24,000/-. 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.A1-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 between the said village and the subject matter lands under distance acquisition situated in Muthalur and Mandalur Villages is about 10 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 statistics at the time of Award enquiry ought not to have been interfered Reference Court. Making the said submissions, the learned sale with by the counsel urges for allowing the appeals. % 4 NJS, J & TRR, J LMS_408_2016 & batch On the other hand, Smt.Savithri Devi, learned counsel for the 7. respondents / claimants appearing through on line 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. This Court has considered the submissions made and the point that arises for consideration 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 acres of land situated in different villages of Kurnool District were acquired for the purpose of the Telugu Ganga Project. Most of these 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 L.A.C.P.No.593 of 2012) and P.Ws.2 and 3. They relied on 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 Cfficer was not correct in making the classification of 8. 9. 10. 5 NJS, J & TRH, J LAAS_408_2016 & batch 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 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 Muthalur and Mandaluru Villages, wherein the subject lands and Chinna Kambaluru village wherein Ex.AI land 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 on record that the said villages are situated within a distance of 10 Kms., radius. However, no contra evidence was adduced either oral or documentary 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. 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: Chimanlal Hargovinddas V. Spl.Land Acquisition Officer, Poona (1988 (3) SCO 751)]. Therefore, mere marking of Ex.B1-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. claim statement. on 11. % 6 NJS, J & TBR, J LAAS_408_2016 & batch 12. In the land acquisition matters, the Law is well settled that the Court is required to fix the 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 ( >2 acre) for Rs.40,000/- which took place more than 5 >2 years prior to the issuance of Section 4 (1) Notification dated 30.12.2008 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 5 years. 14. 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 5 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. 1,49,447/-, which is more than the market value fixed by the Reference Court @ Rs. 1,24,000/- per acre. However, no gross objections are preferred by the respondents / claimants. Though the subject matter lands are categorized into rain-fed lands and irrigated dry lands under bore well, going by the evidence on record, more particularly P.W.2-Agricultural Officer and the potentiality of the acquired lands which are suitable for both commercial and AIR 2004 SC 4135 NJS, J & TRR, J W LAAS 408 2016 & batch 1 food crops by virtue of Telugu Ganga Project / Distributory canals, fixation of compensation uniformly @ Rs. 1,24,000/- per acre, in the considered opinion of this Court is just and reasonable. Accordingly, the point is answered. Having considered the matter in its entirety, there are no grounds to interfere with the well reasoned order of the learned Reference Court. 15. In the aforesaid view of the matter, the appeals fail and the same are accordingly dismissed. No costs. Applications pending, if any, shall also stand dismissed. 16. Consequently, the Miscellaneous Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District (with records) 2. One CC to Ms. K.Savithri Devi, Advocate [OPUC] 3. Two CCs to GP for Appeals, High Court of Andhra Pradesh [OUT] 4. The Section Officer, V.R Section, High Court of Andhra Pradesh at Amaravati 5. Three CD Copies MV vna <p HIGH COURT DATED:10/07/2025 COMMON JUDGMENT + DECREE LAAS No’s. 408,413,430 and 435 of 2016 DISMISSING THESE LAND ACQUISITION APPEAL SUITS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 413 OF 2016 APHC010234302016 Between: The Special Deputy Collector-cum- Land Acquisition Officer, Telugu Ganga Project,Nandyal, Kurnool District. ..Appellant / Referring officer AND Nuka Pratapa Reddy, S/o.Bala Nagi Reddy, Age 30 years, R/o.Mandaluru Village, Rudravaram Mandal, Kurnool District. ...Respondent / Claimant Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in LAOP No. 593 of 2012 dated 19-01-2016 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material papers in the petition and upon hearing arguments of SRI T.S.Rayalu, GP for Appeals, for the Appellant, and Sri Balia Ravindranath & Ms. K. Savithri Devi, Advocate for the Respondent. 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. Three CD Copies MV vna HIGH COURT DATED:10/07/2025 DECREE LAAS No. 413 of 2016 g 0 6 SEP 2025 ov m .C9 4^SPATC«^^ DISMISSING THE LAND ACQUISITION APPEAL SUIT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 435 OF 2016 APHC010814532016 Between: The Special Deputy Collector-cum- Land Acquisition Officer, Telugu Ganga Project,Nandyal, Kurnool District. ..Appellant/ Referring officer AND S.Laxmikantha Reddy, S/o.Laxmi Narasimha Reddy, Age 32 R/o.Mandaluru Village, Rudravaram Mandal, Kurnool District. years. ...Respondent/ Claimant Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in LAOP No. 591 of 2012 dated 19-01-2016 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material papers in the petition and upon hearing arguments of SRI T.S.Rayalu, GP for Appeals, for the Appellant, Sri Balia Ravindranath & Ms. K.Savithri Devi, Advocate for the Respondent. 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// // X- SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District 2. Three CD Copies MV vna HIGH COURT DATED: 10/07/2025 DECREE LAAS No. 435 of 2016 DISMISSING THE LAND ACQUISITION APPEAL SUIT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 430 OF 2016 APHC010597782016 Between: The Special Deputy Collector-cum- Land Acquisition Officer, Telugu Ganga Project,Nandyal, Kurnool District. ..Appellant/ Referring officer AND Pitchala Balamma, W/o.Subba Reddy, Age 65 years, R/o.Mandaluru Village Rudravaram Mandal, Kurnool District. ...Respondent/ Claimant Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in LAOP No. 590 of 2012 dated 19-01-2016 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material papers in the petition and upon hearing arguments Of SRI T.S.Rayalu, GP for Appeals, for the Appellant, and Sri Balia Ravindranath & Ms. K.Savithri Devi, Advocate for the Respondent. 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. Three CD Copies MV vna HIGH COURT DATED:10/07/2025 DECREE LAAS No. 430 of 2016 DISMISSING THE LAND ACQUISITION APPEAL SUIT f IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No: 408 of 2016 APHC010813172016 Between: The Special Deputy Collector-cum- Land Acquisition Officer, Telugu Ganga Project,Nandyal, Kurnool District. ..Appellant/ Referring officer AND Boreddy Ramagopal Reddy, S/o. Rami Reddy, age 45 years, R/o. Mandaluru Village, Rudravaram Mandal, Kurnool District. ...Respondent/ Claimant Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in LAOP No. 594 of 2012 dated 19-01-2016 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material papers in the petition and upon hearing arguments of SRI T.S.Rayalu, GP for Appeals, for the Appellant, and Sri Balia Ravindranath & Ms. K.Savithri Devi, Advocate for the Respondent. 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. Three CD Copies MV vna HIGH COURT DATED: 10/07/2025 DECREE LAAS No. 408 of 2016 % DISMISSING THE LAND ACQUISITION APPEAL SUIT