APHC010485912015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3549] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA LAND ACQUISITION APPEAL SUIT NO: 352/2015 Between: 1. VANAPALLI VENKATESWARI, W/O LAXMAN RAO, REP BY HIS G.P.A.SRI.P.CHITTABBAI, S/O VEERANNA, AGED ABOUT 85 YEARS, OCC: CULTIVATION, R/O D NO.2-18-9, OCC.CULTIVATION, R/O D NO.2-18-9, MADHAVANAGAR, KAKINADA, E.G.DIST. ...APPELLANT AND 1. LAND ACQUISITION OFFICER CUM SPECIAL GRADE COLLECTOR, APIIC, KAKINADA, E.G.DIST. 2. THE ZONAL MANAGER, A.P.II.C, KAKINADA, E.G.DIST. 3. M/S ESSAR GUJRATH LIMITED, SIDHU SREE VAISHANVI ARCADE, 301, 3RD FLOOR, 8-626/7 & 8, ROAD NO.1, (OPPOSITE CARE HOSPITAL) BANJARAHILLS, HYDERABAD-500034. ...RESPONDENT(S): Counsel for the Appellant: 1. D KRISHNA MURTHY Counsel for the Respondent(S): 1. P ROY REDDY 2 The Court made the following Judgment: (Per Hon’ble Sri Justice Ninala Jayasurya) The present appeal has been preferred against the Judgment and Decree dated 04.02.2008 passed in L.A.O.P.No.113 of 2006 on the file of Principal Senior Civil Judge, Kakinada. 2. Heard Sri D.Krishna Murthy, learned counsel for the appellant. Also heard Sri S.Bala Mohan, learned Government Pleader for Appeals. Smt. Munnangi Thanmai Krishna, learned counsel represented Sri Gurram Ramachandra Rao, learned counsel for APIIC. None appeared on behalf of respondent No.3. 3. The appellant filed the said O.P. seeking enhancement of compensation in respect of an extent of Ac.1.00 cents which was acquired pursuant to a notification dated 30.06.1990 under Section 4(1) of the Land Acquisition Act. The land was acquired for establishment of pellestisation and sponge iron plants by M/s. Essar Gujarat Limited, Hyderabad. The Land Acquisition Officer passed different awards i.e., Award Nos.1, 2, 3, 4 and 5 of 1991 and the subject land forms part of Award No.5 of 1991, dated 30.04.1991. The Land Acquisition Officer, after conducting enquiry fixed the market value of the lands in question at the rate of Rs.65,000/- per acre. Dissatisfied with the said fixation, the appellant/claimant sought reference under Section 18 of the Act seeking enhancement of compensation. 4. The learned Reference Court, after considering the oral and documentary evidence, enhanced the compensation from Rs.65,000/- to Rs.91,350/- per acre. The Reference Court also granted the statutory benefits. Claiming that the appellant is entitled for more compensation i.e., at the rate of Rs.1,70,000/- per acre, the present appeal has been preferred. 5. Learned counsel for the appellant while referring to the material on record made submissions inter alia that in respect of the very same acquisition, aggrieved by the determination of compensation by the Land Acquisition Officer and the enhancement made by the learned Reference 3 Court, some of the land losers/claimants filed A.S.No.616, 672, 607, 612, 474 and 613 of 2000, whereas the 3rd respondent i.e., M/s. Essar Gujarat Limited, Hyderabad filed cross-objections. A Division Bench of the erstwhile High Court of Andhra Pradesh, after considering the matters at length determined the compensation amount at Rs.3,38,000/- per acre and after deducting the development charges at the rate of 50%, fixed the compensation at the rate of Rs.1,69,400/- per acre. He also submits that against the said order, the State preferred Special Leave to Appeal (Civil) C.C.Nos.4196-4201/2003 and the same were dismissed on 06.05.2003. 6. Learned counsel for the appellant further submits that the said batch of appeals pertains to acquisition of land which was subject matter of Award Nos.1 and 2 of 1991 and that in view of the decision of the Division Bench which was confirmed by the Hon’ble Supreme Court, the appellant is also entitled compensation at the rate of Rs.1,69,400/- per acre. 7. The submissions made by the learned counsel for the appellant are not contradicted by the learned counsel appearing on behalf of the respondents. 8. Having considered the submissions made by the learned counsel for the appellant and perusing the orders dated 13.08.2002 and 06.05.2003 referred to supra, this Court is of the view that the matter is covered by the decision of the Division Bench and for the reasons alike, the appeal deserves to be allowed. 9. Accordingly, the appeal is partly allowed. The appellant is entitled for compensation at the rate of Rs.1,69,400/- per acre. Needless to observe that he shall also be entitled for the statutory benefits on the enhanced compensation from the date of notification issued under Section 4(1) of the Land Acquisition Act. There shall be no order as to costs. 4 10. As a sequel, Interlocutory Applications pending, if any, in these cases, shall stand closed. ____________________ NINALA JAYASURYA,J _______________________ TUHIN KUMAR GEDELA,J Date : 11.09.2025 BMS