^ . - IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE honourable SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NOS: 153.154,155. 156. 157.158. 160. 161. 162,164,168. 170. 175.183. AND 198 OF 2015 land ACQUISITION APPEAL SUIT NO: 153 OF 2015 APHC010742722015 Appeal under seetipn S4 ©f Laid Aequlsitipn A©t, 1094., against the order and decree passed O.P. Me. 829 ©f 20Q9 on the file of II Additional Senior Civil Judie, NandYaiv Kurnooi District, dated: 22-04-2Q15. Between The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyal, Kurnooi DisthcL Appeilant/Referring Officer AND S Redda Nandi Reddy, S/o. Mahanandi Reddy, aged years, R/o. Gopavaram Village, Mahanandi Mandal, Kurnooi District. .>.Respondertt/Ciaiiilant Counsel for the Appellant: Mr. T S Rayalu, GP for Appeals Counsel for the Respondent; None Appeared LAND ACQUISITION APPEAL SUIT NO: 154 OF 2015 APHC010579332Q15 Appeal under section 54 of Land Acquisition Act, 1894., against the order and decree passed O.P. No, 826 of 2009 on the file of II Additional Senior Civil Judge, Nandyal, Kurnool District, dated; 22-04-2015. Between: The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyal. Kurnool District. ...Appeflant'Referring Officer AND Smt Alagani Nagamma, W/o,.Venkataiah. Gajulapalli Village, Mahanandi Mandal, Kurnool District aged 65 years, R/o. ...RespondentfClaimant Counsel for the Appellant: Mr. T 3 Rayalu, GP for Appeals Counsel for the Respondent: None Appeared LAND ACQUISITION APPEAL SUIT NO: 155 OF 2015 APHC010703002015 3 Appeal under section 54 of Land Acquisition Act, 1894., against the order and decree passed O.P. No. 822 of 2009 Civil Judge, Nandyal, Kurnool District, dated: 22-04-2015. Between: on the file of II Additional Senior The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyal, Kurnool Dtstrict. ...Appellant/Referring Officer AND K K Vara Prasada Rao, S/o. Ramakrishna Rao, aged 58 years, R/o. Gopavarafti Village, Mahanandi Mandal, Krishna District. Respondent/Glaimant • •• Counsel for the Appelant: Mr. T S Rayalu, GP for Appeals Counsel for the Respondent: None Appeared LAND AGCtUiSmON APPEAL SUIT NO: 156 OF 2015 APHGdi 018563201? Appeal under section 54 of Land Acduisitioh Act, 1894., against the order and decree passed No, 821 of 2000^ on the file of II Additional Senior Civil Judge, Nandyal, Kurnool District, dated: 22-Q4-2015. Between^ The Speciai Deputy Collector CL.A), Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND I Chintam Anjeneyulu, S/o.Pedda Nagaiah, R/o.Gopavaram Village, Mahanandi Mandal, Kurnool District. aged 53 years, ...Kespondent/Claimant Counsel for the Appellant: Mr. T S Rayalu, GP for Appeals Counsel for the Respondent: None Appeared LAND ACQUISITION APPEAL SUIT NO: 157 OF 2015 APHC010519702015 Appeal under section 54 of Land Acquisition Act and decree passed O.P. No. 820 of 2009 Civil Judge, Nandyal, Kurnool District, dated: 22-04-2015. Between: 1894., against the order on the file of II .Additional Senior The Special Deputy Collector (L.A), Telugu Ganga Project. Kurnool District. Nandyal ...Appellant/Referring Officer AND Chintam Sreeramulu, S/o. Chinna Nagaiah Gopavaram Village, Mahanandi Mandal, Kurnool District. aged 51 years, R/o. ...Respondent/Ciaimant Counsel for the Appellant; Mr. T S Rayalu, GP for Appeals Counsel for the Respondent: None Appeared 5 land acquisition APPFAL suit no- 158 OF 2Q1fi APHC010569362015 Appeal under section 54 of Land Acquisition Act, 1894. against the order and depree passed O.P. No. 823 of 2009 on the file of II Additional Senior Civil Judge, Nandyal, Kurnool District, dated: 22-04-2015. Between: The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND K Madhu Sudhana Rao, S/o. Puryshotham Rao, aged 69 Gopavaram Village. Mahanandj Mandal, Kurnool District. years, R/o. ...Respondent/Glaimant GounseJ fdt the AppeHant: Mr. T S Rayalu, GP for Appeals Gounsel for the Respondent: None Appeared LAND AGQUISITfON APPEAL SUIT NO: 160 OF 2015 APHC010541852015 Appeal under section 54 of Land Acquisition Act, im4. , against the order and decree passed G.P. No. 827 of 2009 on the file of II Additional Senior . Nandyal, Kurnoei District, dated: 22-04-2015. G Between: The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyal Kurnoo! District. ...Appenar.t'Referring Officer AND Bathula Subba Rayudu, S/o.Pedda Naganna, aged 55 R/o.Gopavaram Village, Mahanandi Mandal, Kurnool District. years, ...Respondent/Claimant Counsel for the Appellant: Mr. T S Rayalu, GP for Appeals Counsel for the Respondent: None Appeared LAND ACQUISITION APPEAL SUIT NO: 161 OF 2Q15 APHC010498192015 Appeal under section 54 of Land Acquisition Act, 1894., against the order and decree passed O.P. No. 831 of 2009 on the file of II Additional Senior Civil Judge, Nandyal, Kurnool District, dated: 22-04-2015. Between: I he cjpeciai ueputy Collector (L.A), telugu uanga project, Nandyal, Kurnoo! District. ...Appeilant/Referring Officer AND S Vivekananda Reddy, S/o. Nandi Reddy, aged 60 years R/o.Gopavaram Village, Mahanandi Mandal, Kurnool District. ...Respondent/Claimant Counsel for the Appellant: Mr. T S Rayalu, GP for Appeals Counsel for the Respondent: None Appeared LAND ACQUISITION APPEAL SUIT NO: 162 OF 2015 APHC010720402015 Appeal under section 54 of Land Acquisition Act, 1894., against the order and decree passed O.P. No. 830 of 2009 on the file of II Additional Senior Civil Judge, Nandyal, Kumool District, dated: 22-04-2015. Between: The Spepial Doputy Cpilector (L.A), Telugu Ganga Project, Nandyal, Kurnool District. .,.AppeHant/Referrrng Officer Bhattu Ranga Ra|u, S/p. Bphga RpjUr age 37 years, R/o. Gopavaram Viliage, Mahanandi lyiandai, Kurnool District. Respondent/Glaimant Counsel for the Appellant; Mr. T S Rayalu, GP for Appeala Counsel for the Respondent: None Appeared LAND ACQUISITION APPEAL SUIT NO: 164 OF 2015 Ai?MG010ba86i2{)1S K-. Ski a Appeal under section 54 of Land Acquisition Act, 1894., against the order and decree passed O.P. No. 832 of 2009 on the file of II Additional Senior Civil Judge, Nandyai. Kurnooi District, dated; 22-04-2015. Between: The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyai Kurnooi District. ...Appellant/Referring Officer AND A Chandrasekhara Reddy, S/o.Ch.Rayudu Nanda, Present R/o.Gopavaram Village, Mahanandi Mandal age 45 years. R/o.Kaki Kurnooi District. ...Respondent/Claimant Counsel for the Appellant: Mr. T S Rayalu, GP for Appeals Counsel for the Respondent: None Appeared LAND ACQUISITION APPEAL SUIT NO: 168 OF 201.*; APHC010185232015 Appeal under section 54 of Land Acquisition Act, 1894., against the order and decree p Civil Judge, Nandyai, Kurnooi District, dated: 22-04-2015. Between: d O.P. No. 825 of 2009 on the file of 11 Additional Senior The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyai, Kurnooi District. ...Appellant/Referring Officer AND Syamala Bhupal Reddy, S/o. Obula Thammadapalli Village, Mahanandi Mandal, Kurnool Oistriet. Reddy, aged 50 years, R/o. ...Respondent/Claimant Counsel for the Appellant; Mr. T S Rayalu. GP for Appeals Counsel for the Respondent: None Appeared LAND ACQUISITION APPEAL SUIT NO: 170 OF 2015 APHC010737522015 m Appeal under seGtion 54 of Land Acquisition Act, 1894., against the order and decree passed O R. No. 828 of 2009 on the file of H Additional Senior Civil Judge, Nandyaf Kurnool District, dated: 22-04-2915. Between: The Speeial Deputy ColleGtor (L.A), Telugu Ganga ProjeGt, Nandyal, Kurnool District. .AppellanVReferring Officer S Prasada Reddy, Bh. Pedda Mahanandi Reddy, aged 65 Gopavaram Village, Mahanandi Mandal, Kurnool District. years, R/o. ...Respondent/Claimant Counsel for the Appellant: Mr, t S Rayalu, GP for Appeals Counsel for the Respondent: None Appeared \f\ LAND ACQUISITION APPEAL SUIT NO: 175 OF 2015 APHC010285492015 ass a Appeal under section 54 of Land Acquisition Act, 1894., against the order and decree passed O.P. No. 824 of 2009 on the file of II Additional Senior Civil Judge, Nandyal, Kurnool District, dated: 22-04-2015. Between: The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND K Padmanabha Rao, S/o. Lakshmi Narayana Rao, aged 59 Gopavaram Village, Mahanandi Mandal, Kurnool District. years, R/o. ...Respondent/Claimant Counsel for the Appellant: Mr. T S Rayalu, GP for Appeals Counsel for the Respondent: None Appeared land acquisition appeal suit NO: 183 OF 2015 APHC010121592015 ar? i » Appeal under section 54 of Land Acquisition Act, 1894. and decree passed O.P. No. 834 of 2009 Civil Judge, Nandyal, Kurnool District, dated; 22-04-2015. Between; against the order on the file of II Additional Senior The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyal, Kurnool District. ...AppellaiTt/ReferrIng Officer Smt Devisala Munemnia, W/o^Muniratnam, aged 67 years, R/o. Kurnool, Kurnool Mandal, Kurnool District. ...RespondentfClaimant Counsel for the Appellant: Mr. T S RayalUvGP for Appeals Counsel for the Respondent: fJone Appeared LAND ACQUIBITIQN APPEAL SUIT NO: 198 OF 2015 AP8GOiOO06322O15 J] ■i ill Appeal under section 54 of Land Acquisition Act, 1894,, against the crder and decree passed 0,P. No. 833 of 20Q9 on the file of II Additional Senior NandyaL Kurnool Dsistrict, dated: 22-04-2015. Between: The Special Deputy Colleetor (L.A), Telugu Ganga Projeol. Nandyal, Kurnool District .wAppellant/Referring Officer AND Sabhasani Maheswara Reddy, S/o. S.P.Eswara Reddy R/o. Gopavaram Viiiage, Mahanandi Mandai, Kurnooi District ...Respondent/Ciaimant age 48 years, Counsel for the Appellant: Mr. T S Rayalu, GP for Appeals Counsel for the Respondent: None Appeared The Court made the following; 1 APHC01D742722015 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 yVND ACQUISITION APPEAL SUIT Nos: 153,154.155.156.157, 158. 160 161,162.164. 168, 170. 175.183 and 198 of 2Q15 LAAS No.153 of 2015 Between: 1. The Special Deputy Collector (L.A), Telugu Ganga Project, Nandyal, Kurnool District. AND L S.Pedda Nandi Reddy, S/o. Mahanandi Reddy, R;A3. Gopavaram Vijfage, IVIahanandi Mandal, Kurnool District. Counsel for the Appellant: 1.GP FOR APPEALS (AP) Counsel for the Respondent: -None- ...APPELLANT ...RESPONDENT 2 The Court made the following Common Judgment: (PerHorn,esnjus,ce Mn^,sj,yss.rys, Heard Mr.T.S.Rayalu, learned Government Pleader for Appeals. 2. Aggrieved by a Common Order dated 22.04.2015 in the L.A.O.P.No.820 of 2009 & batch oh the file ui l the Court of ii Additional Senior Civil Judge, Nandyal, the State preferred the present batch of appeals. The respondents herein are the claimants in L.A,O.P.Nos.820, 821, 822, 823, 824, 825 827, 828, 829, 830, 831, 832, 833 and 834 of 2009. , 826, 3. For the purpose of excavation of major Distributory in Block No. 13 of Telugu Ganga Project, Nandyal, the Special Deputy Collector (land acquisition) issued a Notification dated 28.04.2005 Land Acquisition Act (hereinafter referred of an extent of Ac. 19.14 cents i - viiiage, Mahanandi Mandal belonging to the Draft Declaration under Section 6 of the Act Thereafter, the Land Acquisition Officer under Section 4 (1) of the to as ‘the Act’) for acquisition of land in various survey numbers of Gopavaram respondents / claimants. The was published on 26.04.2005. by conducting Award enquiry, classified the lands into three categories i.e.. (i) rainfed dry lands, (ii) dry lands irrigated with bore water and (iii) plantain garden lands and fixed the market value @ Rs.37,000/-, Rs.46,000/- and Rs.54,000/ respondents / claimants while - per acre respectively. The e compensation under protest receiving sought reference under Section 18 of the Act. fl-» Lt 1 4. Before the Reference Court, they clai.med per acre and in support of their case, examined R.Ws.1 and 2 an amount of Rs.2,00,000./- and got marked Ex.B1-Certified Copy of the Sale Deed dated 09.02.2004. On behalf of the 3 Referring Officer, No.45/2006-07 dated marked as Ex.A1 with no oral evidence was adduced. Copy of the 21.08.2006 in respect of the lands i Award m question was consent. . 5. The Reference Court, evidence, enhanced the Rs.37,OOD/- to Rs.1,14,60o/- after examining the oral and documentary compensation in respect of Category No.l lands from - and Gategory No.ll lands from Rs.46,00a/- to Rs.1,35,000A. 6. Mr.T.S.Rayalau, the contends that the enhancement of the Js without any valid basis. He submits that not adduced any cogent evidence to substantiate of the learned Government Pleader vehemently compensation by the Reference Court the respondents / claimants have their claim for enhancement transaction dated compensation. He argues that Ex.B1-Sale . 09.02,2004 is: in raspeot pf the laads situated in a different village i.e.. Gajulapalli, whereas the further, that acquired lands are situated in Gopavaram VHIage. a small esdent of Ae,Q.68 cents was sold and the learned Reference Court went Wrong I for the purpose of fbdng the market taking the said transaction into consideration in. .value. He also contends that the value appreciation @ 12% p.a., as adopted by the learned Reference Court i tenable and at the most 16% value IS not appreciation is reasonable. Making the said submissions, he urges for allowing the appeals. 7. This Court has GOnsidered the submissions made arises for consideration is : Whether and on an • appreciation of the same, the point that the Common Order under chaiienge warrants interference facts and circumstances of the case? by this Court in the 8. At the outset, it may be appropriate to mention that hundreds of iand situated in different villages of Nandya'i purpose of the Telugu Ganga Project. Most of these and nature of the land in most of these villages is similar. Be that as it may. 9. As noted earlier, seeking enhancement acres of District were acquired for the villages are contiguous of the compensation in respect ’ respondents / claimants got examined R.W.1 and R.W.2. They relied on Ex.B1 dated ^ of the subject matter lands, the (claimant in L.A.O.P.No.820 of 2009) 09.02.2004 which is in respect of land situated in the neighbouring Gajulapalli Village. R.W.1 in his evidence testified that the nature, potentiality and market value of the lands under acquisition are similar to that of Ex.B1 land. Nothing was elicited in the cross examination contrary to the said version. On the other hand, R.W.2, who is an attestor of Ex.B1 iin his cross examination, the lands of Gopavaram, Gajulapalli and deposed that the value of Seetharamapuram villages etc. are of the same value. It was further brought on record in the evidence that Gopavaram village i _ IS very nearer to Gajulapalli two villages is 2 Kms.. that Gopavaram road from Nandyai to Guntur State Highway, acquisition are black cotton soil lands and village and the distance between the Village is situated on the mai Further, that the lands under like chillies, jowar etc. behalf of the Referring Officer, but on the respondents to crops was adduced on as it is claim for enhancement, the burden prove their case, by adducing evidence. care being raised. No ora! evidence IS The evidence brought on record supports their case and no contra evidence was adduced. Therefore, though Ex.BI-Sale transaction is in respect of another Village, taking into consideration the nature of the land, potentiality and the distance of 2 Kms., the market value of the subject . determined and the contention of the learned Government Pleader in this matter lands can be regard merits no appreciation. Fixation of compensation on the basis of the value Of the land in the adjoining villages having similar nature and potentiality was approved by the Hon’ble .Supreme Court in G.M., O.N.G.G. Ltd., v. Sendhabhai Vastram Patel & Ors.,^ Insofar as the other contention advanced by the learned Government Pleader that Ex.B1 is in respect of a small extent and further that value appreciation of 12% p.a., Is not tenable / reasonable, the same deserves no acoeptance. ‘lyiore than a half acre v^s sold vide Ex.B1-Sale Deed dated * 09.02.2004 which vyas abOilt one year two months prior to the issuance of Section 4 CD Notification in respect of the lands in question. It Is not the ease Of the appellant-State that the sale transaction was in respect of some house sites or that the same is not genuine. Under the said circumstanees, reliance on Ex,B1 by the Reference Court cannot be found fault with. That apart, 12% value appreciation as per the judgment of the Hon'ble Supreme Court in Union of India v. Om Prakash {died) by LRs ", can be taken into consideration. Therefore, the contentions advanced on behalf of the State are rejected. 10. ^{200516 see 4S4 ^ AIR 2004 SCC4135 6 11 - The learned Reference Court keeping in view of the difference between irrigation n a proper appreciation of the matter and the dry lands and the lands having Category 2 respectively as also by Ul under Cdtegory 1 and assigning cogent reasons was justified i Court, therefore, is of the opinion that the fixation of soun enhancing the compensation. This in compensation in respect are no good in the order under challenge. Of the subject matter lands is just and reasonable and that there grounds warranting interference by this Court i Accordingly, the point is answered. 12. In the aforesaid viview of the matter, the appeals fait and the same are Consequently, the Miscellaneous . accordingly dismissed. No costs. Applications pending, if any, shall also stand dismissed. Sd/-S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The II Additional Civil Judge (Senior (With Records) 2. Two CC’s to GP for Appeals 3. The Section Officer, Amaravati. 4. Two CD Copies Division), Nandyal, Kurnool District. (AP), High Court of Andhra Pradesh VR Section. High Court [OUT] of Andhra Pradesh at SAM sree HIGH COURT DATED:10/07A2025 COMMON JUDGMENT + DECREE LAAS Nos. 153,154,155,156,157,158,160,161 J 162,164,168,170,175,183, and 198 of 2015 DISMISSING THESE LAND ACQUISITION APPEAL SUITS WITHOUT COSTS