IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT APPEAL NO: 997 OF 2024 Writ Appeal under clause 15 of the Letters Patent against the order dt 04.01.2023 in WP No. 13187 of 2019 on the file of the High Court. Between: 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District, A.P. State. 2. The Special Collector (LA), Telugu Ganga Project, Mulapet, Nellore, SPSR Nellore District. 3. The Special Deputy Collector (LA), Telugu Ganga Project, Rapur at Nellore, Mulapeta, Nellore, SPSR Nellore District, A.P., ...APPELLANTS AND 1. Ravula Penchala Narasaiah, S/o.Narasaiah, aged about 65 years, Occ Agriculture. 2. Nari Obulamma, W/o.Seshaiah, aged about 66 years, Occ Housewife. 3. Nallu Penchalaiah, S/o.Late Penchalaiah, aged about 60 years, Occ Agriculture 4. Ravula Ramaiah, S/o.Narasaiah, aged about 80 years, Occ Agriculture 5. Burra Masthanamma, S/o.Venkataiah, aged about 65 years, Occ Housewife. 6. Yerram Sankaraiah, S/o.Pulla Reddy, aged about 60 years, Occ Agriculture. 7. Kothapalli Lakshmidevamma, S/o.Late Kothapalli Narasaiah, Aged about 65 years, Occ Housewife. 8. Pathapati Srinivasula Reddy, S/o.Late Pathapati Vengaiah, Aged about 44 years, Occ Agriculture (All are R/o.Pulikallu (Vil), Podalakuru Mandal, SPSR Nellore District ...RESPONDENTS, lA NO: 3 OF 2024 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 to suspend the operation of impugned order dated.04.01.2023 in WP.No.13187 of 2019 pending disposal of the writ appeal..-' lA NO: 1 OF 2024 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 to dispense with the original certified copy of the order as and undertake the restoration petition. Counsel for the Appellant(s): GP FOR LAND ACQUISITION Counsel for the Respondent Nos.1 to 8: SRI CH C KRISHNA REDDY The Court made the following: JUDGMENT 1 ■ RRR,J & VJPJ W.A.No.997/2024 APHC010497212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3493] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT APPEAL NO: 997/2024 Between; The State Of Andhra Pradesh and Others ...APPELLANT(S) AND Ravula Penchala Narasaiah and Others ...RESPONDENT(S) Counsel for the Appellant(S): 1.GP FOR LAND ACQUISITION Counsel for the Respondent(S): 1.CH C KRISHNA REDDY The Court made the following order: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard learned Government Pleader for Land Acquisition appearing for the appellants and Sri Ch. C. Krishna Reddy, learned counsel appearing for the respondents. The claim of the respondents for payment of benefits in terms of the judgment of the Larger Bench of the erstwhile High Court of Andhra 2. / / 2 RRR,J & VJPJ W.A.No.997/2024 Pradesh in L.A.O. Cum Revenue Divisional Officer, Chevella Division vs. Mekala Pandu & Ors. was allowed by a learned Single Judge of this Court, f } by order dated 04.01.2023, in W.P.No.13187 of 2019, following the earlier judgment of this Court dated 03.01.2023 in W.P.No.15844 of 2016 and batch. 3. Aggrieved by the said order, the appellants have preferred the present writ appeal. The case of the respondents, before the learned Single Judge, was that the lands assigned to them had been taken over by the respondent authorities by paying ex-gratia amount instead of full compensation, as 4. directed by the Larger Bench of the erstwhile High Court of Andhra Pradesh in L.A.O. Cum Revenue Divisional Officer, Chevella Division vs. Mekala Pandu & Ors. 5. The learned Government Pleader for Land Acquisition, would however contend that though the judgment of the Large Bench in L.A.O. Cum Revenue Divisional Officer, Chevella Division vs. Mekala Pandu & Ors., is binding, the same should not have been applied in the present case, as the writ petition came to be filed with huge delay of about 19 years and after receipt of ex-gratia amount about 30 years back. 6. The respondents are entitled to the benefit of the judgment in L.A.O. Cum Revenue Divisional Officer, Chevella Division vs. Mekala Pandu & Ors. However, the respondents would not be entitled to any interest \ ^ 2004 (2) ALD 451 (LB) r r 3 RRR,J & VJPJ W.A.No.997/2024 from the date of payment of the ex-gratia amount till the date of filing of the writ petition, in as much as they cannot be rewarded for their negligence and delay in approaching this Court. 7. Accordingly, this writ appeal is disposed of by modifying the order of the learned Single Judge to the effect that the respondents would be entitled to payment of compensation, in accordance with the judgment of the Larger Bench in L.A.O. Cum Revenue Divisional Officer, Chevella Division vs. Mekala Pandu & Ors., without any interest being included for the period between the date of payment of ex-gratia amounts to the date on which the writ petition has been filed. It may also be clarified that the said compensation has to be calculated under the provisions of the Land Acquisition Act, 1894. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. SD/- M. RAMESH BABU deputy REGISTRAR sectiSITofficer //TRUE COPY// To, 1. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT]. 2. One CC to Sri. CH C Krishna Reddy, Advocate [OPUC] 3. Three CD Copies AL HIGH COURT DATED: 06/01/2025 JUDGMENT AND/y;^ WA.No.997 of 2024 * 17 JAN 2025 . Current Section Co, DISPOSING OF THE WA WITHOUT COSTS