APHC010363152023 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 No.35 of 2025 Between: 1. S. SUGUNAMMA,, W/O KRISHNAMARAJU, (C.1) AGED ABOUT 62 YEARS, R/O. 25-1-62, OPP. RAMALAYAM, LAKSHMI NARASIMHAPURAM, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT. 2. DOMMARAJU RAJKUMAR,, S/O. SUBRAMANYAM (C.2) AGED ABOUT 50 YEARS, R/O. FLAT.NO.L74, D.NO. 4/199, 4TH STREET, VIJAYALAKSHMI NAGAR, A.K.NAGAR POST, NELLORE TOWN. 3. DOMMARAJU SOMASEKHAR,, (DIED) PER LRS (C.3), 4. DOMMARAJU TULASAMMA,, W/O. SUBRAMANYAM, AGED ABOUT 72 YEARS, R/O. FLAT.NO.L74, D.NO. 4/199, 4TH STREET, VIJAYALAKSHMI NAGAR, A.K.NAGAR POST, NELLORE TOWN 5. DOMMARAJU SUBRAMANYAM,, S/O NARAYANA RAJU, AGED ABOUT 73 YEARS, R/O. FLAT.NO.L74, D.NO. 4/199, 4TH STREET, VIJAYALAKSHMI NAGAR, A.K.NAGAR POST, NELLORE TOWN 6. MUPPALA PADMAJA,, D/O. SUBRAMANYAM, AGED ABOUT 52 YEARS, R/O. FLAT.NO.L74, D.NO. 4/199, 4TH STREET, VIJAYALAKSHMI NAGAR, A.K.NAGAR POST, NELLORE TOWN. 7. DOMMARAJU RAJKUMAR,, S/O. SUBRAMANYAM AGED ABOUT 50 YEARS, R/O. FLAT.NO.L74, D.NO. 4/199, 4TH STREET, VIJAYALAKSHMI NAGAR, A.K.NAGAR POST, NELLORE TOWN. (APPELLANTS 4 TO 7 ARE THE LRS OF APPELLANT NO.3) 2 8. NANDIMANDALAM SUBBARAJU@ VENKATA SUBBARAJU,, (DIED) PER LRS, (C.13) 9. NANDIMANDALAM SREENIVASULU,, S/O. N.VENKATA SUBBARAJU, AGED ABOUT 50 YEARS, R/O. CHILAKALAMARRI, MANGUPALLE, NELLORE, SPSR NELLORE DISTRICT 10. DOMMARAJU SUNITHA, , W/O MURALI KRISHNA, AGED ABOUT 47 YEARS, R/O. 25-2-181, 4TH STREET, LAKEVIEW COLONY, PODALAKUR RAOD CENTER, NELLORE DISTRICT. (APPELLANTS 9 AND 10 ARE LRS OF APPELLANT NO.8) 11. DOMMARAJU TULASAMMA,, W/O. SUBRAMANYAM (C.15), AGED ABOUT 72 YEARS, R/O. FLAT.NO.L74, D.NO. 4/199, 4TH STREET, VIJAYALAKSHMI NAGAR, A.K.NAGAR POST, NELLORE TOWN. 12. DOMMARAJU PADMAJA, , W/O.RAVI KUMAR (C.16), AGED ABOUT 51 YEARS, R/O. 24-3-608, JVR COLONY, PODALAKUR ROAD CENTER, NELLORE DISTRICT. 13. NANDIMANDALAM NARAYANA RAJU,, (C.22) S/O. VENKATA SUBBARAJU ALIAS NARAPARAJU, AGED ABOUT 63 YEARS, R/O. 25-3-397, 6TH STREET. LAKE VIEW COLONY, NEAR CANCER HOSPITAL, PODALAKUR ROAD, NELLORE DISTRICT. 14. NANDIMANDALAM VENKATA SUBBARAJU,, (DIED) PER LRS, (C.23) 15. NANDIMANDALAM SREENIVASULU,, S/O. N.VENKATA SUBBARAJU, AGED ABOUT 50 YEARS, R/O. CHILAKALAMARRI, MANGUPALLE, NELLORE, SPSR NELLORE DISTRICT 16. DOMMARAJU SUNITHA,, W/O MURALI KRISHNA, AGED ABOUT 47 YEARS, R/O. 25-2-181, 4TH STREET, LAKEVIEW COLONY, PODALAKUR RAOD CENTER, NELLORE DISTRICT. (APPELLANTS 15 AND 16 ARE LRS OF APPELLANT NO.L4) 17. NANDIMANDALAM CHINA SUBBARAJU,, S/O. NANDIMANDALAM NARAPARAJU (C.24), AGED ABOUT 66 YEARS, R/O. 24-3-608, JVR COLONY, PODALAKUR ROAD CENTER, NELLORE, SPSR NELLORE DISTRICT. 18. NANDIMANDALAM BHAVANI ALIAS DURGA BHAVANESWARI,, (C.25) W/O. VENKATA SUBBARAJU, 3 AGED ABOUT 65 YEARS, R/O. 9-70, SIVALAYAM STREET, NAGABABU KALYANA MANDAPAM, MUMMIDIVARAM MANDAL, MUMMIDIVARAM, EAST GODAVARI DISTRICT. 19. D. SAMPUMAMMA,, W/O SUBBARAYUDU, (C.28) AGED ABOUT 65 YEARS, R/O. CHILAKAMARRI POST, MANGUPALLE, MANGUPALLE, NELLORE DISTRICT. 20. S. SAVITRAMMA,, W/O VENKATA SUBBARAJU,(C.29) DIED PER LRS 21. DOMMARAJU VENKATA SUBBAMMA,, D/O. S.SAVITRAMMA, AGED ABOUT 64 YEARS, R/O. NELLORE. 22. NANDIMANDALAM NAVANEETHAMMA,, D/O. S.SAVITRAMMA, AGED ABOUT 70 YEARS, R/O. NELLORE. 23. DOMMARAJU SAMPUMAMMA,, D/O. S.SAVITRAMMA, AGED ABOUT 64 YEARS, R/O. NELLORE. 24. VARADARAJU PADMAJA,, D/O. S.SAVITRAMMA, AGED ABOUT 58 YEARS, R/O. NELLORE. ...APPELLANT(S) AND 1. THE SPECIAL DEPUTY COLLECTORLAND ACQUISITION, (LAND ACQUISITION) TELUGU GANGA PROJECT, PODALAKUR AT NELLORE. 2. SATTU RAMAIAH, S/O. PENCHALAIAH, NELLEPALLI (V), TUMAYA (PO), RAPUR MANDAL, SPSR NELLORE DISTRICT. (C.4) 3. SOMALARAJU SUBHADRA ALIAS SUBHADRAMMA, W/O. KRISHNAIAH, S.B.I. COLONY, NELLORE-4. (C.5) 4. VIRUPUVAJJULA MALATHI, , W/O RAVINDRA, ACHARI STREET, NELLORE-1. (C.6) 5. SATTU NARASAIAH, S/O. PENCHALAIAH, NELLEPALLI VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. (C.7) 6. KOPPARTHI ANKAIAH, S/O. PENCHALAIAH, KAMBALAPALLI VILLAG AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT (C.8) 7. KOPPARTHI SUBBAIAH, S/O. PENCHALAIAH, KAMBALAPALLI VILLAG AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT (C.9) 8. MUDI SIVAIAH, S/O. PEDA ESWARAIAH, KAMBALAPALLI VILLAG AND POST, RAPUR MANDAL, SPSR NELLORE 4 DISTRICT (C.IO) 9. AVULA ANKAIAH, S/O. CHINA ESWARAIAH, KAMBALAPALLI VILLAG AND POST, RAPUR MANDAL, SPSRNELLORE DISTRICT (C.LL) 10. MODIBOYINA SUNDARA RAMAIAH, S/O. VENKATA SUBBAIAH, NELLEPALLI VILLAGE, TUMAY POST, RAPUR MANDAL, SPSRNELLORE DISTRICT. (C.12) 11. BACHU LATHA, W/O. SUBRAMANYAM, SRIRANGARAJUAMMA, NELLORE-2. (C.14) 12. GOPIDESI RAJENDRA, S/O. VENKATA NARASAIAH, (C. 17) 13. SK MAHAMOOB SAHEB, S/O. NANNE SAHEB, (C,18) 14. MODIBOYINA CHINNAIAH, S/O. CHINNAIAH, (C.19) 15. BILLU KAMAKSHAIAH, S/O. MALLAIAH,(C.20) 16. MODIBOYINA NARAYANAMMA, W/O. VENKATAIAH, NOS. 12 TO 16 ARE RESIDENTS OF NELLEPALLI VILLAGE, TUMAYA POST, RAPUR MANDAL, NELLORE DISTRICT. (C. 21) 17. MODIBOYINA PULLAIAH, S/O. PEDA PENCHALAIAH, NELLEPALLI VILLAGE, TUMAYA POST, RAPUR MANDAL, SPSR NELLORE DISTRIET. (C. 26) 18. PYDIPULA VENKATA SUBBAIAH, S/O. CHENCHAIAH, THUMAYA VILLAGE, RAPUR MANDAL, NELLORE DISTRICT. (C. 27) ...RESPONDENT(S): Having been aggrieved by the Order and Decree dated 30.10.2001 passed in L.A.O.P.No.3 of 1992 on the file of the Principal Senior Civil Judge, Gudur, the above named appellant present this memorandum of Appeal. Counsel for the Appellant(S): 1. M S R CHANDRA MURTHY Counsel for the Respondent(S): 1. GP FOR APPEALS The Court made the following: 5 JUDGMENT: (Per Hon’ble Sri Justice Tarlada Rajasekhar Rao) Dissatisfied with the compensation granted to the appellants by the Reference Court, for the pomegranate trees, vide order dated 30.10.2001, in L.A.O.P.No.3 of 1992 on the file of the Senior Civil Judge, Guduru, the present L.A.A.S.No.35 of 2025 came to be filed seeking enhancement of the compensation for the trees. 2. The land of the claimants was acquired by the respondent authorities for Kandaleru Reservoir for foreshore submersion of Telugu Ganga Project. Aggrieved by the award of the Reference Court in not fixing the compensation for trees the present land acquisition appeal is filed under Section 54 of the Land Acquisition Act, 1894 (for brevity, hereinafter called as „the Act‟) for fixation of compensation for pomegranate trees. 3. Learned counsel appearing for the appellants would submit that this Court, the composite High Court of Andhra Pradesh at Hyderabad and the Hon‟ble Apex Court have fixed the rate for pomegranate trees @ Rs.3,000/- per tree and for mango trees @ Rs.3,000/- per tree and for coconut trees @ Rs.3,000/- per tree and for sweet orange trees (cheeni trees) @ Rs.4,000/- per tree and hence urged this Court to enhance the compensation for the aforesaid trees and to pass the same orders in the present appeal. 4. The appellants relied on the judgment of this Court in a batch of appeals, vide L.A.A.S.No.35 of 2019 and batch dated 27.09.2023 L.A.A.S.No.61 of 2022 and batch dated 05.10.2023, L.A.A.S.No.31 of 2019 dated 27.06.2019 and in L.A.A.S.No.2 of 2023 dated 04.09.2023 6 as also the judgment of the Hon‟ble Apex Court in D.Eswara Naidu & ors. Vs. the Special Deputy Collector (L.A.) in Civil Appeal No.11355 of 2018 dated 20.11.2018, the judgment of the composite High Court in The Special Deputy Collector (Land Acquisition), Somasila Project, Unit- IV, Rajampet, Kadapa, Kadapa District Vs. Peddireddy Madhava Reddy and others. In the above said judgments, the compensation was fixed @ Rs.3,000/- per each pomegranate, mango tree, acid lime tree, coconut tree, guava, jack-fruit and sapota (sapodilla) and also the trees i.e., drumstick and neredu (black-plum). So far as the tamarind and soap-nut are concerned, the Court has fixed Rs.6,000/- and Rs.5,000/- respectively for each tree. 5. Learned counsel for the appellants further relied on the judgment of this Court in L.A.A.S.No.28 of 2019 and batch dated 05.11.2019, L.A.A.S.No.61 of 2023, L.A.A.S.No.63 of 2022 and the judgment in Pidugu Kondala Rayudu v. Special Deputy Collector, Land Acquisition, Telugu Ganga Project Unit, Kadapa reported in (2012) 12 SCC 848. In D. Eswara Naidu & Ors., versus The Special Deputy Collector(L.A.) (in Civil Appeal No. 11355 of 2018) dated 20.11.2018 reported in (2019) 13 SCC 785, the Hon‟ble Supreme Court, inter alia held as follows: “The issue raised in these appeals pertains to the claim made by the appellants for enhancement of compensation for pomegranate trees, which stood in the land acquired for the purpose of Somashila/Telugu Ganga Project. The notifications in these cases have been issued on different dates between 1990 to 1994. The appellants had been granted compensation at the rate of Rs.2000/- per 7 Pomegranate Tree. We find from Civil Appeal Nos.11404- 11405 of 2016 that this Court has fixed compensation at the rate of Rs.3,000/- per pomegranate tree, as against the Rs.2000/- fixed by the High Court, in respect of the acquisition for the same project, for which notification was issued in the year 1994. Having regard to the entire facts and circumstances of the case, we are of the view that it would be just, reasonable and proper to fix the compensation at the rate of Rs.3,000/- per Pomegranate Tree. Therefore, these appeals are disposed of with the following directions: (i) The appellants shall be entitled to compensation at the rate of Rs.3,000/- (Rupees Three Thousand) per Pomegranate Tree along with all statutory benefits. (ii) However, they shall not be entitled to statutory interest for the period of delay in approaching this Court or the High Court.” 6. In Civil Appeal No.2947 of 2022, the Hon‟ble Apex Court has fixed compensation for the pomegranate trees @ Rs.3,000/- per tree, following the judgment of the Hon‟ble Apex Court in D.Eswara Naidu & ors Vs. The Special Deputy Collector (L.A.) (referred supra), in Civil Appeal No.11355 of 2018, in respect of the very same project. 8 7. Learned Government Pleader for Appeals contends that the trees existed were pre-bearing trees (plants) and accordingly the value was fixed by the Land Acquisition Officer and the Reference Court has rightly answered the said issue and stated that the appellants are not entitled for the enhancement of compensation on the basis of the judgments relied on by the learned counsel for the appellants, as they are pre-bearing trees. Hence, urged this Court to dismiss the appeal. 8. The appellant's counsel has cited a recent decision of the Hon‟ble Supreme Court in the case of Mallamputi Ratnamma (Died) by L.R. vs. The Special Deputy Collector (Land Acquisition), rendered in C.A.No.2557 of 2024 on 26.07.2024. In this judgment, the Hon‟ble Supreme Court stated that landowners whose properties have been expropriated are entitled to compensation of Rs.3,000/- per pomegranate tree. For whatever reason, the Supreme Court had framed two additional questions in the order in the Special Leave Petition, pertaining to the actual number of pomegranate trees present, and (ii) the number of such trees per acre that were acquired and to resolve these questions, which also serves as the land acquisition court, while providing a fair opportunity for all parties to be heard, specifically directing the Reference Court not to raise any objections regarding limitation. 9. Learned counsel for the appellants also mentioned that some of the claimants had directly approached the Hon‟ble Apex Court through Civil Appeal No(s).4314/2024 or SLP (Civil No.12395/2024) with application I.A.No.193948 of 2024, seeking a direction to refer to the Lok Adalat for the resolution of land acquisition compensation. The said 9 request was made in response to the communication dated 27.08.2024, issued by the Special Collector of the Telugu Ganga Project, Nellore, concerning similar relief as sought in the present appeal before this court. The Apex Court granted the request and directed the claimants to resolve their issue before the Lok Adalat. The order dated 13.09.2024 is outlined below: “Having considered the above, as the present matter pertains to claim for enhancement of compensation for the Pomegranate trees on Nellore District land, acquired from the applicant(s), the IA No. 193948 of 2024 and the main matter stand disposed of, vide order dated 13.09.2024, by permitting the parties to settle their dispute through the Lok Adalat proceedings in the Court at Nellore, as per the proceedings proposed by the Special Collector, in his communication dated 27.08.2024.” 10. Following the direction of the Hon‟ble Apex Court in SLP (Civil No.12395/2024), the District Lok Adalat Bench in Nellore has passed an award vide order dated 05.07.2025, to pay compensation for the trees and also directed to pay compensation for structures and other trees. The appellant's counsel fairly stated though the award is silent about specific fixation of the compensation for the pomegranate and other trees, but the compensation was fixed at Rs.2,800/- per tree but requested to grant Rs.3,000/- per pomegranate and coconut trees, contending that the Lok Adalat award is a consent award and it cannot be relied upon. As argued by the appellant‟s counsel and it is well 10 established that a consent award should not be the basis for the passing of the award on merit. 11. In the judgment of the Hon‟ble Apex Court in D.Eswara Naidu & ors Vs. The Special Deputy Collector (L.A.) (referred supra) in Civil Appeal No.11355 of 2018, the Hon‟ble Apex Court has fixed the rate for the pomegranate trees and other trees for the very same Somasila/Telugu Ganga Project @ Rs.3,000/- for pomegranate tree as against Rs.2,000/- and held that the appellants are entitled to compensation @ Rs.3,000/- for pomegranate and coconut trees along with all statutory benefits and also further observed that appellants are not entitled to statutory interest for the period of delay in approaching the High Court. 12. Learned Government Pleader for Appeals has disputed about the number of trees. Therefore, this Court is inclined to allow the appeal on fair admission made by the learned counsel for the appellants that the compensation may be enhanced as per the number of trees as identified by the Land Acquisition Officer in the award, as the appellants have not insisted for grant of compensation for the number of trees which is pleaded by the appellants in the appeal. Therefore, it is made clear that the appellants are entitled to compensation for the total number of trees as identified by the Land Acquisition Officer in the award and not as the total number of trees as the appellants claimed in the Reference Court. 11 13. As the claim is only with regard to the trees, the present appeal is allowed in part, enhancing the compensation for each tree as detailed below: Pomegranate trees : Rs.3,000/- per tree; 14. The appellants shall pay the Court fee (if it not paid) on the enhanced compensation amount. The appellants are not entitled to interest during the delay period i.e., 7834 days in preferring the appeal after disposal of the L.A.O.P. by the Reference Court. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in this case shall stand closed. __________________________ JUSTICE NINALA JAYASURYA __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.07.2025 siva 12 THE HON’BLE SRI JUSTICE NINALA JAYASURYA AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No.35 of 2025 Date: 24.07.2025 siva