IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY p TWO THOUSAND AND TWENTY FIVE Ij; PRESENT ^ THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR LAND ACQUISITION APPEAL SUIT NOS: RAO 417, 422. 534 OF 2016 AND 229 OF 2017 LAND ACQUISITION APPEAL SUIT NO: 417 of 2Q1fi APHC010126452016 Appeal filed under section 54 of Land Acquisition Act of 1894., against the order and decree dt. 18.01.2016 in L.A.O.P. No.531 of 2012 and batch the file of Senior Civil Judge, Allagadda, Kurnool on District. Between: Special Deputy CoHector-cum-Land Acquisition, Telugu Ganga Project Nandyal, Kurnool District. ...Appellant/Petitioner AND N Siva Laxmamma, W/o Chandrasekhar Village, Rudravaram Mandal, Kurnool District. Age 30 years, R/o Mandaluru ...Respondent/Claimant - * jA NO: 2 OF 2016rLAASMP 1191 OF 201 fi) >*; Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court of eil further proceedings L.A.O.P/ No.53/2012 dated 18.01.016 Allagadda, Kurnool District Counsel for the Petitioner: GP for Appeals Counsel for the Respondent: Sri Balia Ravindranath in may be pleased pursuant to decree and order passed in on the file of Senior Civil Judge, ^ ■ < • & Ms K Savithri Devi LAND ACQUISITION APPEAL SUIT NO: 422 OF 2nifi APHC010556912016 Appeal filed under section 54 of Land Acquisition Act of 1894., against the order and decree dt.18.01.2016 in L.A.O.P. No.528 of 2012 and batch the file of Senior Civil Judge, Allagadda, Kurnool District. on Between: Special Deputy Collector-cum- Land Acquisition, Telugu Ganga Project, Nandyal, Kurnool District ...Appellant/Petitioner AND K Mallikharjuna, S/o.Veeranna, Age 45 Rudravaram Mandal, Kurnool District years, R/o.Mandaluru Village, ...Respondent/Claimant 3 lA NO: 2 OF 2016rLAASMP 1196 OF Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased . pursuant to decree and order passed in on the file of Senior Civil Judge, stay of all further proceedings L.A.O.P. No.528/2012 dated 18.01.2016 Allagadda, Kurnool District Counsel for the Petitioner: GP for Appeals Counsel for the Respondent; Sri Balia Ravindranath & Ms K Savithri Devi yVND ACQUISITION APPEAL SUIT NO: 534 OF 201 fi APHC010651862016 Appeal filed under section 54 of Land Acquisition Act of 1894., against the order and decree dt.18.01.2016 in L.A.O.P. No.530 of 2012 and batch the file of Senior Civil Judge, Allagadda, Kurnool District. on Between: Special Deputy Collector-cum- Land Acquisition, Telugu Ganga Project, Nandyal, Kurnool District ...Appellant/Respondent AND N Rajasekhar Reddy, S/o.Linga Reddy, Age 27 Village, Rudravaram Mandal, Kurnool District. years, R/o.Mandaluru ...Respondent/Claimant H lA NO: 2 OF 2016fLAASMP 1364 OF 2016^ 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 grant stay of all further proceedings pursuant to the order and decree passed in O.P. No.530/2012 dated 18.01.2016 on the file of Senior Civil Judge, Allagadda, Kurnool District. Counsel for the Petitioner: GP for Appeals Counsel for the Respondent: Sri Balia Ravindranath & Ms K Savithri Devi LAND ACQUISITION APPEAL SUIT NO: 229 OF 2017 APHC010733602017 Appeal filed under section 54 of Land Acquisition Act of 1894., against the order and decree dt.18.01.2016 in L.A.O.P. No.529 of 2012 and batch on the file of Senior Civil Judge, Allagadda, Kurnool District. Between: Special Deputy Collector-cum- Land Acquisition, Telugu Ganga Project Nandyal, Kurnool District ...Appellant/Respondent AND C Gnamuthu, S/o. Abraham, Age 56 years, R/o Mandaluru Village Rudravaram Mandal, Kurnool District. ...Respondent/Claimant 1 6 lA NO: 1 OF 2017(LAASMP 365 OF 2017) 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 stay of all further proceedings pursuant of decree and order passed in OP No.529/2012 dated 18.01.2016 on the file of Senior Civil Judge, Allagadda, Kurnool District Counsel for the Petitioner: GP for Appeals Counsel for the Respondent: Sri Balia Ravindranath & Ms K Savithri Devi The Court made the following: 1 HiS, J & TRR, J LAAS 417 2016 & batch APHC010?42722015 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 AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT Nos: 417, 422, 534 of 2016 and 229 of 2017 LAAS No.417of 2016 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...APPELLANT AND N.Siva Laxmamma, W/o.Chandrasekhar, Aged 30 years, R/o.Mandaluru Village, Rudravaram Mandal, Kurnool District. ...RESPONDENT Counsel for the Appellant: 1.GP FOR APPEALS (AP) Counsel for the Respondent: 1. Mr.Balla Ravindranath 2. Smt.Savithri Devi 2 NJS, J & TRR, J LAAS_417_2016 & batch The Court made the following Common Judgment: tPerHankiesnjusticeNinaiajsy„t Heard Mr.T.S.Rayalu, learned Government Pleader for Appeals. Also heard Smt.Savithri Devi, learned counsel for the respondents / claimants, who appeared through online. Aggrieved by a Common Order dated 18.01.2016 in L.A.O.P.Nos.528, 529, 530 and 531 of 2012 on the file of the Court of Senior Civil Judge, Allagadda, the State preferred the present batch of appeals. The respondents herein are the claimants in the said O.Ps. For the purpose of excavation of Major Distributory in Block No.21 of Telugu Ganga Project, Nandyal, the Special Deputy Collector / Land Acquisition Officer issued a Notification dated 20.07.2005 under Section 4 (1) of the Land Acquisition Act (hereinafter referred to as ‘the Act’) for acquisition of land of an extent of Ac.8.47 cents in the village limits of Mandalur Village, Rudravaram Mandal belonging to the respondents / claimants. The Land Acquisition Officer by conducting Award enquiry, classified the lands into two categories i.e., (i) dry lands, (ii) irrigated dry lands and fixed the market value @ Rs.30,000/- and Rs.40,000/- per acre respectively. The respondents / claimants while receiving the compensation under protest, sought reference under Section 18 of the Act. 2. 3. 4. Before the Reference Court, the respondents claimed an amount of Rs.2,00,000/- per acre and in support of their case, examined P.Ws.1 (claimant in O.P.No.530 of 2012) to P.W.3 and got marked Exs.AI- Certified Copy of the Sale Deed dated 16.06.2003 and Ex.A2-Rudravaram ■Vi . . NJS, J & TRR, J LAAS_417_2016 & batch Mandal Map issued by Special Deputy Collector (L.A.), S.R.B.C., Nandyal. On behalf of the Referring Officer, no oral evidence was adduced. Attested Copy of the Award No. 101/2005-06 dated 24.03.2006 in respect of the lands in question was marked as Ex.BI. 5. The Reference Court, on an appreciation of the oral and documentary evidence, enhanced the compensation in respect of subject lands to Rs.96,000/-. 6. Mr.T.S.Rayalu, the learned Government Pleader, vehemently contends that the enhancement of the compensation by the Reference Court is without any valid basis. He submits that the respondents / claimants have not adduced any cogent evidence to substantiate their claim for enhancement of the compensation. He argues that Ex.AI-Sale transaction dated 16.06.2003 is in respect of the lands situated in altogether a different village i.e., Chinna Kambafuru, and even according to the respondents / claimants, the distance between the said village and the subject matter lands under acquisition situated in Mandalur Village is about 10 Kms. Therefore, the said sale transaction ought not to have been taken into consideration and the value fixed by the Land Acquisition Officer by taking the sale statistics at the time of Award enquiry ought not to have been interfered with by the ReferenceCourt. Making the said submissions, the learned counsel urges for allowing the appeals. 7. On the other hand, Smt.Savithri Devi, learned counsel for the respondents / claimants appearing through on line made submissions to 4 ■ NJS, J & TRR, J LAAS_417_2016 & batch sustain the order of the Reference Court. She contends ttiat the Reference Court considered both oral and documentary evidence in the proper perspective and in the light of the settled legal position referred to in the order under challenge, no interference is called for by this Court in the present appeals. This Court has considered the submissions made and the point that arises for consideration is : Whether the fixation of market value by the 8. Reference Court vide Common Order under challenge warrants interference by this Court as the same is excessive? At the outset, it may be appropriate to mention that hundreds of acres of 9. land situated in different villages of Kurnool District were acquired for the purpose of the Telugu Ganga Project. Most of these villages are contiguous and nature of the land in most of these villages is similar. Be that as it may. As noted earlier, seeking enhancement of the compensation in respect 10. of the subject matter lands, the claimants got examined P.W.1 (claimant in L.A.O.P.No.530 of 2012) and P.Ws.2 and 3. They relied on Ex.AI dated 16.06.2003 which is in respect of land situated at Cbinna Kambaluru Village, wherein an extent of Ac.0.50 cents was sold for Rs.40,000/- which works out to Rs.80,000/- per acre. In the claim statement before the Reference Court, the respondents / claimants stated that the fixation of market value is too low. that the Land Acquisition Officer was not correct in making the classification of . lands and that it is proper to fix the market value @ Rs.2,00,000/- per acre. P.W.1 filed affidavit in lieu of chief examination asserting the contents of the 5 NJS, J & TRR, J LAAS_417_2016 & batch P.W.3, one of the attestors to the Sale Deed dated 16.06.2003(Ex.A1) supported the version of P.W.1. Most importantly, P.W.2, the Mandal Agricultural Officer whose jurisdiction extends to Mandalur Village, wherein the subject lands and Chinna Kambaluru village wherein Ex.A1 land are situated, categorically deposed that the said lands are having similar crop pattern, productivity and the market value. Nothing contra was elicited in the cross examination of P.Ws.1 to 3. It is also brought on record that the said villages are situated within a distance of 10 Kms., radius. However, no contra evidence was adduced either oral or documentary on behalf of the Referring Officer, in the absence of which, the compensation has to be fixed on the basis of the evidence adduced by the claimants. At this juncture, the contention raised by the learned Government Pleader with regard to the sales statistics relied on by the Land Acquisition Officer 'may also be referred to. However, it is settled law that unless the sale transactions forming basis for fixation of compensation by the Land Acquisition Officer are exhibited, the same cannot be treated as evidence though a reference was made in the Award [See: Chimanlal Hargovinddas V. Spl.Land Acquisition Officer, Poona (1988 (3) SCC 751)]. Therefore, mere marking of Ex.B1-Award in the absence of oral and documentary evidence supporting the fixation of market value by the Land Acquisition Officerwould not enure to the benefitof the State. Be that as it may. claim statement. 11. 6 NJS, J & TRR, J LAAS_417_2016 & batch In the land acquisition matters, the Law is well settled that the Court is required to fix the just and reasonable compensation. In the present case, to substantiate their claim for enhancement, the ' respondents / claimants placed reliance on Ex.A1-Registered Sale Deed dated 16.06.2003. The sale transaction is in respect of an extent of Ac.0.50 cents ( V2 acre) for Rs.40,000/- which took place more than 2 years prior to the issuance of Section 4 (1) Notification dated 20.07.2005 in respect of the subject matter lands. In the absence of any contra material on record adduced by the Referring Officer, the Court has no option except to take the said Said I Deed into consideration, by taking the time gap of 2 years. In Omprakash and Ors., v. Union of lndia\ the Hon’bJe Supreme Court opined that 12% value appreciation per annum, in the attending facts and circumstances can be taken into consideration. Therefore, by taking the time gap of 2 years and the value appreciation @ 12% p.a., the market value 12. 13. 14. of the subject matter lands on the basis of Ex.AI would come to Rs. 1,00,352/-, which is more than the market value fixed by the Reference Court @ Rs.96,000/- per acre. Though the subject matter lands are categorized into dry lands and irrigated dry lands under bore well, going by the evidence on record, more particularly P.W.2-Agricultural Officer and the potentiality of the acquired lands which are suitable for both commercial and food crops by virtue of Telugu Ganga Project / Distributory canals, fixation of AIR 2004 SC 4135 7 NJS, J & TRR, J LAAS_417_2016 & batch compensation uniformly @ Rs.96,000/- per acre, in the considered opinion of this Court is just and reasonable. Accordingly, the point is answered. Having considered the matter in its entirety, there are no grounds to interfere with the well reasoned order of the learned Reference Court. 15. 16. In the aforesaid view of the matter, the appeals fail and the same are accordihgly dismissed. No costs. Consequently, the Miscellaneous Applications pending, if any, shall also stand dismissed. Sd/- S.V.S.R.MURTHY JOINT^PISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District (with records). 2. One CC to Sri Balia Ravindranath & Ms K Savithri Devi Advocate [OPUC] 3. Two CCs to GP for Appeals, High Court of Andhra Pradesh [OUT] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravati. 5. Two CD Copies SAM sree •V. HIGH COURT DATED: 10/07/2025 COMMON JUDGMENT + DECREE L.A.A.S. Nos. 417, 422, 534 of 2016 and 229 of 2017 O -P I l)9SfP 2025 O'- rni ★ DISMISSING THESE LAND ACQUISITION APPEAL SUITS WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 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 NO: 229 OF 7M7 APHC010733602017 Between: Special Deputy Collector-cum- Land Acquisition, Telugu Ganga Project, Nandyal, Kurnool District ...Appellant/Respondent AND C Gnamuthu, S/o. Abraham, Age 56 Rudravaram Mandal, Kurnool District. years, R/o Mandaluru Village, ...Respondent/Claimant Appeal filed under section 54 of Land Acquisition Act of 1894., against the order and decree dt.18.01.2016 in L.A.O.P. No.529 of 2012 and batch the file of Senior Civil Judge, Allagadda, Kurnool District. on This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material papers in ( the appeal and upon hearing arguments of GP for Appeals for the Appellant, and Sri Balia Ravindranath & Ms K Savithri Devi for the Respondent. COURT DOTH ORDER AND DECREE AS FOLLOWS: 1. That the appeal be and is hereby dismissed. 2. That there be no order as to costs in this appeal. VP .4 f 4. - Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Civil Judge (Senior Division), Allagadda, Kurnool District. 2. Two CD Copies SAM sree 4 HIGH COURT DATED: 10/07/2025 DECREE L.A.A.S. No. 229 of 2017 g 0 9 SEP 2025 o w>?. ^igespATCH^!^*^ DISMISSING THE LAND ACQUISITION APPEAL SUIT WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 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 NO: 534 OF 2016 APHCOI0651862016 miEi Between: Special Deputy Collector-cum- Land Acquisition, Telugu Ganga Project, Nandyal, Kurnool District ...Appellant/Respondent AND N Rajasekhar Reddy, S/o.Linga Reddy, Age 27 years, R/o.Mandaluru Village, Rudravaram Mandal, Kurnool District. ...Respondent/Claimant Appeal filed under section 54 of Land Acquisition Act of 1894., against the order and decree dt.18.01.2016 in L.A.O.P. No.530 of 2012 and batch the file of Senior Civil Judge, Allagadda, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material papers in on the appeal and upon hearing arguments of GP for Appeals for Appellant, and Sri Balia Ravindranath & Ms K Savithri Respondent. the Devi for the THIS COURT DOTH ORDER AND DECREE AS FOLLOWS: 1. That the appeal be and is hereby dismissed. 2. That there be no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District. 2. Two CD Copies SAM Sree HIGH COURT DATED:10/07/2025 DECREE L.A.A.S. No. 534 of 2016 DISMISSING THE LAND ACQUISITION APPEAL SUIT WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 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 NO: 422 OF 201R APHC010556912016 Between: Special Deputy Collector-cum- Land Acquisition, Telugu Ganga Project Nandyal, Kurnoof District ...Appellant/Petitioner AND K Mallikharjuna, S/o.Veeranna, Age 45 years, R/o.Mandaluru Village, Rudravaram Mandal, Kurnool District ...Respondent/Claimant Appeal filed under section 54 of Land Acquisition Act of 1894., against the order and decree dt.18.01.2016 in L.A.O.P. No.528 of 2012 and batch the file of Senior Civil Judge, Allagadda, Kurnool District. on This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material papers in the appeal and upon hearing arguments of GP for Appeals for the Ms K Savithri Devi for the .^ppellant, and Sri Balia Ravindranath & ■> Respondent. ' -It THIS COURT DOTH ORDER AND DECREE AS FOLLOWS: 1. That the appeal be and is hereby dismissed. 2. That there be no order as to costs in this appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District. 2. Two CD Copies SAM sree HIGH COURT DATED:10/07/2025 DECREE L.A.A.S. No. 422 of 2016 DISMISSING THE LAND ACQUISITION APPEAL SUIT WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 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 NO: 417 OF 2016 APHC010126452016 Between: Special Deputy Collector-cum-Land Acquisition, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Petitioner AND N Siva Laxmamma, W/o Chandrasekhar, Age 30 years. R/o Mandaluru Village, Rudravaram Mandal, Kurnool District. ...Respondent/Claimant Appeal filed under section 54 of Land Acquisition Act of 1894., against the order and decree dt.18.01.2016 in L.A.O.P. No.531 of 2012 and batch the file of Senior Civil Judge, Allagadda, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material on papers in the appeal and upon hearing arguments of GP for Appeals for the Appellant, and Sri Balia Ravindranath & Ms K Savithri Devi for ; Respondent. '. ^^^HjsfcoURT DOTH ORDER AND DECREE AS FOLLOWS: 1. That the appeal be and is hereby dismissed. 2. That there be no order as to costs in this appeal. the I Sd/- S.V.S.R.MURTHY JOINT^^^TRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District. 2. Two CD Copies SAM sree HIGH COURT DATED:10/07/2025 DECREE L.A.A.S. No. 417 of 2016 0 9 SEP 2025 ■y *s ^ 1(3: O lio ‘.‘J DISMISSING THE LAND ACQUISITION APPEAL SUIT WITHOUT COSTS