Contd… APHC010667412010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3495] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO LAND ACQUISITION APPEAL SUIT No:482 of 2010 Between: K.appi Reddy and Others ...APPELLANT(S) AND The Special Deputy Collector ...RESPONDENT Counsel for the Appellant(S): 1. M GOVIND REDDY Counsel for the Respondent: 1. GP FOR APPEALS LAND ACQUISITION APPEAL SUIT No:287 of 2013 Between: R. Obi Reddy and Others ...APPELLANT(S) AND The Special Deputy Collector ...RESPONDENT Counsel for the Appellant(S): 1. M GOVIND REDDY Counsel for the Respondent: 1. GP FOR APPEALS NJS,J & TMR,J LAAS Nos.482 of 2010 & 287 of 2013 2 Contd… The Court made the following Common Judgment: Heard learned counsel for the appellants. Also heard Mr. T S Rayulu, learned Government Pleader for Appeals appearing for the respondents. 2. At the time of considering these appeals, the learned counsel for the appellants, who appeared through online, inter alia submitted that in respect of the market value of the subject matter lands which were acquired vide Award No.16/1994 dated 29.03.1994, the Land Acquisition Officer awarded Rs.20,000/- per acre, though the claimants claimed an amount of Rs.1,00,000/- per acre. Aggrieved by the said fixation, the appellants sought reference vide O.P Nos.47 and 48 of 2001. By a common order dated 13.10.2006, the learned Reference Court enhanced the compensation in so far as the appellants are concerned from Rs.20,000/- per acre to Rs.32,000/- per acre. 3. The learned counsel for the appellants further submits that in respect of the lands which were acquired along with the subject matter lands vide Award No.16/1994 dated 29.03.1994, in O.P No.37/1996 the learned Reference Court granted Rs.50,000/- per acre and a Division Bench of erstwhile High Court of Andhra Pradesh, after considering the material on record vide orders dated 01.06.2010 in A.S No.3440 of 2000 confirmed the order of the learned Reference Court determining the market value @ Rs.50,000/- per acre. He submits that another Division Bench while recalling its earlier order dated 27.07.2011 confirming the order in O.P No.44 of 2001 enhanced the compensation from Rs.32,000/- per acre as awarded by the learned Reference Court to Rs.50,000/- per acre vide orders dated 13.03.2012 in L.A.A.S No.677 of 2010 following the orders passed in A.S No.3440 of 2000. He submits that in the light of the said decisions concerning the very same subject matter land, the appellants are entitled for the compensation @ Rs.50,000/- per acre. He also placed a copy of the order dated 27.07.2011 in L.A.A.S No.630 of 2010 filed against order dated 13.10.2006 in O.P No.49 of 2001. NJS,J & TMR,J LAAS Nos.482 of 2010 & 287 of 2013 3 4. The learned Government Pleader for Appeals, Mr. T S Rayulu, however, refuted the contentions and sought to impress upon this Court that the said orders are not applicable to the facts of the case and it appears that the appellants herein had sought enhancement of compensation with delay. He also submits that this Court should atleast consider the aspect of rejecting the interest portion for the period of delay. 5. This Court is not convinced with the submissions made by the learned Government Pleader. From a perusal of the orders referred to above, more particularly, the order dated 01.06.2010, it is discernible that the very same documents in support of the cliam in respect of the subject matter lands were exhibited in the Reference under Section 18 made by the appellants herein and the evidenciary value of the said documents were considered in detail by the Division Bench in its order dated 01.06.2010. 6. Therefore, for the reasons alike in the orders referred to above, these appeals are allowed, enhancing the compensation as awared by the learned Reference Court from Rs.32,000/- per acre to Rs.50,000/- per acre. The appeallants are entitled for all the consequential benefits on the enhanced compensation from the date of Section 4(1) Notification. The judgment and decree of the learned Reference Court shall stands confirmed in all other aspects. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA ____________________________ JUSTICE T MALLIKARJUNA RAO Date:06.02.2025 Ksj