SPECIAL DEPUTY COLLECTOR, KURNOOL DIST v. PALLE MAHESWARI, KURNOOL DIST
LAAS/319/2017 · 2025-08-27
Ninala Jayasurya, Tuhin Kumar Gedela
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27850 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27850 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010395302017
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: 319, 327, 354 and 370 of 2017 LAAS No.319 of 2017: Between:
1. SPECIAL DEPUTY COLLECTOR, KURNOOL DIST, CUM-LAND ACQUISITION OFFICER, TELUGU GANGA PROJECT, NANDYAL, KURNOOL DISTRICT. ...APPELLANT AND
1. PALLE MAHESWARI KURNOOL DIST, W/o. Rama Mohan Reddy, R/o. Nakkaladinne Village, H/o. Muthalur Village, Rudravaram Mandal, Kurnool District. ...RESPONDENT Counsel for the Appellant:
1. GP FOR APPEALS (AP) Counsel for the Respondent:
1. BALLA RAVINDRANATH & SAVITHRI DEVI
2. BALLA RAVINDRANATH SAVITHRI DEVI
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The Court made the following Common Judgment: (Per Hon’ble Sri Justice Ninala Jayasurya)
The present batch of appeals arises out of a common order dated 22.09.2016 in L.A.O.P.Nos.57 of 2013, 324 of 2013, 563 of 2012 and 325 of 2012 on the file of Senior Civil Judge, Allagadda. 2. Heard Sri S.Bala Mohan, learned Government Pleader appearing for the appellant and Smt.Savithri Devi, learned counsel for the respondents, who appeared through online. 3. For the purpose of excavation of Major Distributory in Block No.21 of Telugu Ganga Project, several extents of land situated in different villages of Kurnool District were acquired. The subject land admeasuring Ac.5.60 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 10.12.2008 in the local newspaper. The Land Acquisition Officer vide Award No.1/2010-2011, dated 23.12.2009 fixed the market value of the acquired lands at Rs.50,000/- per acre. The respondents/claimants sought Reference under Section 18 of the Act, seeking enhancement of market value to 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 the 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.1/2010-2011, dated
23.12.2009. The Reference Court, after appreciating the oral and documentary evidence, enhanced the compensation from Rs.50,000/- to Rs.1,00,000/- 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
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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 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 batch of appeals is 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, these 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