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2025 DAILYLAW 39110 (AP)

The Special Deputy Collector-Cum- Ladn Acquision Officer v. S.Pedda Thimmaiah

LAAS/138/2015 · 2025-07-30

Ninala Jayasurya, Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No’s: 138.173.199 & 247 of 2015 LAND ACQUISITION APPEAL SUIT No: 138 of 2015 APHC010817042015 0^ Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in OP No.71 of 2012 dated 30.08.2014 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District. Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ..Appellant / Referring officer AND S.Pedda Thimmaiah, S/o. Pedda Maddileti, Aged 60 years Maseedupuram Village, Mahanandi Mandal, Kurnool District. R/o. ...Respondent/ Claimant lA NO: 2 OF 2015 (LAASMP 667 OF 20151 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 all further proceedings pursuant to the decree and order passed in OP of the Senior Civil Judge. the file 30/08/20J4 on 2012 dated No. 71 of AHagadda, Kurnool D.str.c for APPE^'-^ BAULARAVINDRANATH SN1TK.SAV1THR1DEV1 •.GP Petitioner Respondent Counsel for the Counsel for the & ;SRl ACOyiSlIl^ APPEALSyiTNO.J173PF2015 land APHC010141832015 Act 1894, against the order the file of the of Land Acquisition of 2012 dated under section 54 jn OP No.66 Division). Allagadda 30.08.2014 on Kurnool District. Appeal filed and decree Civil Judge (Senior passed Officer, Telugu Ganga Between: -Land Acquisition cinpdal Deputy Collector-cum Proiecl,Nandyal. Kurnool D.stnc. The officer ..Appellant/Referring and dampadu Village R/o Gun S/o SunKanna, Aged 51 Years Kurnool District G.Danamaiah Sirivella Mandal Claimant ...Respondent/ 7950F2^ stated 2gi5iLAA^ in the circumstances \ANOl20E , that in ion the High Court may 151 CPC, pray^^Q be pleased to under Section support of tde petition pursuant Petition order passed in inr Civil Judge and affidavit filed further proceedings of 2012 dated the decree the file in the stay all OP.No.66 Allagadda, Kurnool District to of the Senior 30/08/2014 on - 3 Counsel for the Petitioner : GP FOR APPEALS Counsel for the Respondent : SRI BALLA RAVINDRANATH & SMT K.SAVITHRI DEVI LAND ACQUISITION APPEAL SUIT NO: 199 OF 2015 APHC010502422015 Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in OP No.57 of 2012 dated 30.08.2014 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ..Appellant / Referring officer AND S Ramanjaneya Reddy, S/o. Laxmi Reddy, Aged 56 Years, R/o. Chennur Village, Sirivella Mandal, Kurnool District. ...Respondent/ Claimant lA NO: 2 OF 2015 (LAASMP 836 OF 20151 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 all further proceedings pursuant to the decree and order passed in OP No. 57 of 2012 dated 30/08/2014 on the file of the Senior Civil Judge, Allagadda, Kurnool District Counsel for the Petitioner : GP FOR APPEALS Counsel for the Respondent : SRI BALLA RAVINDRANATH & SMT K.SAVITHRI DEVI LAND ACQUISITION APPEAL SUIT NO: 247 OF 2015 APHC010734772015 Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in OP No.73 of 2012 dated 30.08.2014 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District. Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ..Appellant / Referring officer AND S.Thimmakka, W/o.Pedda Rmachandra Reddy, Aged 61 years, R/o Chennur Village, Sirivella Mandal, Kurnool District. ...Respondent/ Claimant lA NO: 2 OF 2015rLAASMP 896 OF 20151 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 grant stay of all further proceeding in pursuance of judgment and decree passed in OP.No. 73 of 2012 dated 30/08/2014 on the file of the Senior Civil Judge at Allagadda, Kurnool District Counsel for the Petitioner : GP FOR APPEALS Counsel for the Respondent : SRI BALLA RAVINDRANATH & SMT K.SAVITHRI DEVI The Court made the following: APHC010817042015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] 0?^ THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION FIRST APPEAL Nos.138.173.199 & 247 of 2015 LAAS No.138 of 2015 BETWEEN: 1.The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. AND ...Appellant 1.S Pedda Thimmaiah, S/o. Pedda Maddileti, R/o. Maseedupuram Village, Mahanandi Mandal, Kurnool District. ...Respondent The appeal is filed to set aside the order and decree of the Court below passed in OP No. 71 of 2012, dt; 30-8-2014 and allow the appeal in the interest of Justice. Counsel for the Appellant: 1.GP FOR APPEALS (AP) Counsel for the Respondent: 1.BALLA RAVINDRANATH & SAVITHRI DEVI 2.BALLA RAVINDRANATH SAVITHRI DEVI The Court made the following: 2 COMMON JUDGMENT: {Rer Hon’ble Sri Justice Ninala Jayasurya) The present batch of appeals have been filed against the common order dated 30.08.2014 on the file of the Court of Senior Civil Judge, Allagadda, in L.A.O.P. Nos. 71,43, 57 and 73 of 2012. At the time of considering the appeals, learned Government Pleader for Appeals fairly stated that the matters are covered by the decision of this Court in L.A.A.S. No.279 of 2015 and batch dated 13.02.2025. Considering the said submission and for the reasons alike, these appeals are dismissed. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in these cases, shall stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District (with records if any) 2. One CC to Sri Balia Ravindranath & Smt K.Savithri Devi,Advocate [OPUC] 3. Two CCS to GP for Appeals (AP) High Court of Andhra Pradesh [OUT] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravati 5. Three CD Copies ♦Along with copy of Judgment in LAAS No.279 of 2015 and batch dated 13.02.2025 MV vna HIGH COURT DATED: 31/07/2025 COMMON JUDGMENT + DECREE LAAS No’s. 138,173,199 & 247 of 2015 - 10 SEP 2825 I ^ . Current Section DISMISSING THESE LAND ACQUISITION APPEAL SUITS A IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITIONAPPEALSUIT NO: 199 OF 2015 APHC010502422015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ..Appellant / Referring officer AND S Ramanjaneya Reddy, S/o. Laxmi Reddy, Aged 56 Years, R/o. Chennur Village, Sirivella Mandal, Kurnool District. ...Respondent/ Claimant Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in OP No.57 of 2012 dated 30.08.2014 on the file of the Civil Judge (Senior Division), AHagadda, 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 the petition and upon hearing arguments of GP for Appeals, for the & Appellant, and Sri Balia Ravindranath & Smt K.Savithri Devi, Advocate for the Respondent. 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. Three CD Copies MV vna HIGH COURT DATED:31/07/2025 DECREE LAAS No. 199 OF 2015 •e X 10 SEP 2025 a, ^ , Current Section DISMISSING THE LAND ACQUISITION APPEAL SUIT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 247 OF 2015 APHC010734772015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ..Appellant / Referring officer AND S.Thimmakka, W/o.Pedda Rmachandra Reddy, Aged 61 years, R/o Chennur Village, Sirivella Mandal, Kurnool District. ...Respondent/ Claimant Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in OP No.73 of 2012 dated 30.08.2014 on the file of the Civil Judge (Senior Division), 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 the petition and upon hearing arguments of GP for Appeals, for the Appellant, and Sri Balia Ravindranath & Smt K.Savithri Devi, Advocate for the Respondent. 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. Three CD Copies MV vna HIGH COURT DATED:31/07/2025 DECREE LAAS No. 247 OF 2015 X TO SEP 2025 , Current Section rtii DISMISSING THE LAND ACQUISITION APPEAL SUIT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY. THE THIRTY FIRST DAY OF JULY TWO THOUSANDAND TWENTYFIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 138 OF 2015 APHC010817042015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ..Appellant / Referring officer AND S.Pedda Thimmaiah, S/o. Pedda Maddileti, Aged 60 years, R/o. Maseedupuram Village, Mahanandi Mandal, Kurnool District. ...Respondent/ Claimant Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in OP No.71 of 2012 dated 30.08.2014 on the file of the Civil Judge (Senior Division), Allagadda, Kurnool District This apf>eal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material papers in the petition and upon hearing arguments of GP for Appeals, for the Appellant, and Sri Balia Ravindranath & Smt K.Savithri Devi, Advocate for the Respondent. 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. Three CD Copies MV vna HIGH COURT DATED:31/07/2025 DECREE andh^ T O SEP 2025 ^ Current Section LAAS No. 138 OF 2015 mi ar DISMISSING THE LAND ACQUISITION APPEAL SUIT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 173 OF 2015 APHC010141832015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ..Appellant / Referring officer AND G.Danamaiah, S/o Sunkanna, Aged 51 Years, R/o Gundampadu Village Sirivella Mandal, Kurnool District ...Respondent/ Claimant Appeal filed under section 54 of Land Acquisition Act, 1894, against the order and decree passed in OP No.66 of 2012 dated 30.08.2014 on the file of the Civil Judge (Senior Division), 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 the petition and upon hearing arguments of GP for Appeals, for the Appellant, and Sri Balia Ravindranath & Smt K.Savithri Devi, Advocate for the Respondent. 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// '■r SECTION OFFICER To, 1. The Civil Judge (Senior Division), Allagadda, Kurnool District 2. Three CD Copies MV HIGH COURT DATED:31/07/2025 DECREE ^^andh^ LAAS No. 173 OF 2015 ^9. * 10 SEP 2025 rtl; Co ^ . Current Section DISMISSING THE LAND ACQUISITION APPEAL SUIT .. t ■ r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE THIRTEENTH DAY OF FEBRUAfjfe TWO THOUSAND AND TWENTY FIVE I * PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND the HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO LAND ACQUISITION APPEAL SUIT NOS: 279. 209. 210. 218 AND 3Q« OF 2015 LAND ACQUISITIQN APPEAL SUIT NO: 279 OF 2015 Appeal filed under section 54 of Land Acquisition Act the Order and Decree passed in O.P No.32/2012 dt 30-08-2014 the Senior Civil Judge, Allagadda, Kurnool District. Between: of 1894, against on the file of The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...APPELLANT/REFERRING OFFICER AND K.Prasad, S/o Moulali, Aged, 37 Mandal, Kurnool District years, R/o Chennur Village Sirivella ...RESPONDENT/CLAIMANT : MR T S RAYULU GP FOR APPEALS (AP) Counsel for the Respondent: SRI BALLA RAVINDRANATH DEVI Counsel for the Appellant & SAVITHRI land ACQUiSlTION APPFAI SUIT , ^Appeal filed under section 54 of Land Acquisition Act of 1894 • the Order and Decree passed in O P No. 160/2012 dt 30-08-2014 , the Senior Civil Judge, Aliagadda, Kurnool Between: NO: 209 OF 2ni «^ against on the file of District. The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...APPELLANT/REFERRING OFFICER AND Dasari Ramudu, S/o.Ch,Thirupalaiah, Aged, 36, years, R/o.Chennur r Sirivella Mandal, Kurnool District. ...RESPONDENT/CLAIIVIANT : MR T S RAYULU GP FOR APPEALS (AP) SRI BALLA RAVINDRANATH & SAVITHRI Counsel for the Appellant Counsel for the Respondent : DEVI ^=^^igACQUlSITION APPFAI under section 54 of Land Acquisition Act of 1894 against Between: NO: 210 OF 201 .i; The Special Deputy Collector Ganga Project, Nandyal, Kurnool -cum-Land Acquisition Officer Telugu District. ■..appellant/referring OFFICER ‘ r AND Y.Ralna Babu, S/o.Ranganna, Aged, 46 Sirivella Mandal. Kurnoof District. years, R/o.Chennur Village, ...RESPONDENT/CLAIMANT Gounsel for the Appellant : MR T S RAYULU GP FOR APPEALS (AP) Counsel for the Respondent: SRI BALLA RAVINDRANATH & SAVITHRI ^ DEVI LAND ACQUISITION APPEAL SUIT NO: 218 OF 2015 Appeal filed under section 54 of Land Acquisifion Act of 1894, the Order and Decree passed in O.P No.83/2012 dt 30-08-2014 the Senior Civil Judge, Allagadda, Kurnool District. Between: against on the file of The Special Deputy Collector-cum-Land Acquisition Officer, Telugy Ganga Project. Nandyal, Kurnool District. ...APPELLANT/REFERRING OFFICER AND P.Chandra Sekhar, S/o Pamuleti, Aged. 34, Village, Rudravaram Mandal, Kurnool District. years, R/o Beeravolu ...RESPONDENT/CLAIMANT : MR T S RAYULU GP FOR APPEALS (AP) Counsel for the Respondent: SRI BALLA RAVINDRANATH & DEVI Counsel for the Appellant SAVITHRI LAND ACQUISITION APPEAL SUrT NO: 308 OF 2015 Appeal filed under section 54 of Land Acquisition Act of 1894, against the Order and Decree passed in OP No.164/2G12 dt 30-08-2014 on the file of the Senior Civil Judge, Aflagadda, Kumool District. Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. APPELLANT/REFERRING OFFICER AND K.Ch.Mallesudu, S/o.Pedda Basetty, Aged, 51, years, R/o.Chennur Village^ Sirivella Mandal, Kurnool District. ...RESPONDENT/CLAIMANT Counsel for the Appellant : MR T S RAYULU GP FOR APPEALS (AP) i Counsel for the Respondent: SRI BALLA RAVINDRANATH & SAVITHRI DEVI The Court made the following JUDGMENT : r APHC010293862015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Speeial Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY thousand AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO LAND ACQUISITION APPEAL SUIT Nos:279. 209. 210. 21R ;,nH nf L.A.A.S No.279 of 201 fi Between: The Special Deputy Collector Cum Land Acquisition Officer AND SSi] [3495] S ...APPELLANT K Prasad Kurnool District Counsel for the Appellant: 1.GP FOR APPEALS (AP) Counsel for the Respondent: 1.BALLA RAVINDRANATH & SAVITHRI DEVI The Court made the following Common Judgment: (per NJS,J) The present batch of appeals arise out of a common order dated 30.08.2014 in L.A.O.P Nos.32, 83, 160, 163 and 164 of 2012 on the file of the . Court of the Senior Civil Judge, Allagadda. 2. Heard Mr. T S Rayulu, learned Government Pleader for the appellant. Also heard Smt. B Savithri Devi, learned counsel for the respondents, who appeared through online. ...RESPONDENT Contd... NJS.J & TMRJ LA.A. S' Nos. 279 of 2016 and batch 2 3. For the purpose of excavation of 9R Sub-minor Distributory in Block No. 14 of Telugu Ganga Project, different extents of lands of the respondents in various survey numbers of Ghennur Village were acquired, pursuant to NotifiGation dated 12.05.2005 issued under Section 4(1) of the a Land Acquisition Act, 1894 (herein after referred to as the ‘Act’). The Land Acquisition Officer, after conductinjg enquiry, passed Award NoJ2 of 2005-06 granting compensation of Rs,35,000/- per acre. Aggrieved by the same, the claimants sought reference under Section 18 of the Act claiming compensation of Rs.2,00,000/- per acre. The learned Reference Court answered the reference by fixing compensation at Rs. 1,00,000/- apart from awarding statutory benefits. per acre, 4. The learned Government Pleader inter alia contends that Acquisition Officer had considered all the relevant factors during the Award proceedings and fixed the market value Rs.35,000/ the Land course of - per acre, which is just and reasonable. He submits that the fixation of market value Reference Court is without any valid basis submits that the learned Reference Court by the excessive and not sustainable. He went wrong in fixing the compensation.on the basis of Ex.AI, Sale Deed dated 09.02.2004 i of lands situate in another village and far away from the lands under the in respect present acquisition and potentiality of the same is not similar. He also contends that the nature of the lands in the same village varies from one place to the other. Making the said submissions, the learned Government Pleader emphatically submits that the fixation of compensation by the Reference Court IS on higher side, amounts to enhancement on enhancement and warrants interference by this Court. 5. On the other hand the learned counsel appearing for the respondents/claimants sought to sustain the orders of the Reference Court by contending that the learned Reference Court had taken into the relevant factors and rightly fixed the consideration all compensation in respect of the Contd... NJS,J & TMR.J LA.AS Nos.279 of 2015 and batch 3 subject matter lands. She submits that the evidence on record would establish that the subject matter lands are nearer to the land situate in the neighbouring village which was sold vide Ex,A1 dated 09.02.2004. She also submits that the learned Reference Court had rightly relied on the decisions of the Hon’ble Supreme Court and it is settled law that while fixing the market value, when there are no sales in the concerned Village where the lands are situated, the market value of the lands in the ad|olning villages or the Award in respect of the same can be taken into consideration for fixing the market value. Making the said submissions, the learned counsel contends that there are no merits, much less, valid grounds in the present appeals and seeks dismissal of the same. This Court has considered the submissions made by the learned counsel on both sides and the perused the material available on record. 6. On an appreciation of the rival contentions, the point that arises for consideration in this batch of appeals is as to whether the order of the Reference Court warrants interference, in the facts and circumstances of the ease? 7. 8. Before answering the point, it is to be noted that before the Reference Court, PWs.1 and 2 were examined on behalf of the respondents/claimants and Ex.A1, Certified copy of the Registered Sale Deed dated 09.02.2004 was marked, wherein an extent of 0.68 cents was sold for Rs.68,000/- which works t to Rs. 1,00,000/- per acre. No oral or documentary evidence was adduced on behalf of the Referring Officer. Ex.BI, Copy of Award No.72/2005-06 dated 20.03,2006 was marked with consent. 9. PW1 in his evidence categorically stated that the acquired land is black cotton soil, he used to raise paddy, turmeric, sugar cane in his bore irrigated dry land and was getting Rs.30,000/- per acre, per year. He further testified that Telugu Ganga main canal flows via Velugodu, Boyareyula, Contd... LA.A.S Nos.279 of 2015 and batch 4 Narayanapuram, Thlmmapuram, Gajulapalli in Mahadevapuram, Ghennur, etc., said villages are connected fertility, cropping pattern deposed that the distance between his vi about one kilometer and that though pertaining to their adjoining lands. He was created for the 09.02.2004 etc., that LAO has acquired land for excavation of major canal, thus all with Telugu Ganga canal and the are similar in and market value, in the cross examination, he vfllage and the neighbouring villages is Ex.A1 belongs ot Gajulapalli village, it is suggestion that Ex.A1 also denied the purpose of the case. PW2, attestor of Ex.At dated supported the , PW1 with regard to the potenhalrty of the acquired lands and Ex.A1 transaction land Similar. He deposed that the and Ex.A1 land is 2 Km to 3 Km. nature and and that they are distance between this lands under acquisition the same artificially. Hence, purpose of fixing the market value, was adduced by the Referring Officer ions unless exhibited before the Reference can be safely relied for the Further, the documentary evidence the sale statistics/transacti and Court, cannot be appreciated. 10. The learned Retorence Court by taking into consideration the e.dence - parbcularly Ex.A1, fixed the market value as the lands in under Ex.A1 transaction on record more question and the lands are situate in the adjoining Ltd,, V. Sondhabhai Vastram Patef\ the Hon’ble "I ««««,... T^.z “7;?" >» Villages. In GM, OMG.C, Supreme Court inter a/ia held the same village or 11. In the present arid it is not in dispute that case, the lands are acquired for Telugu Ganga Project they are fertile black cotton soil lands. Though '(2005) 6 see 454 Contd... r ■Si NJS,J & TMR,.J LA.A.S Nos.279 of 2015 and bmch there is a time gap of more than one year between the Ex.A1 sale deed dated 09.02.2004 and the Seetion 4(1) Notification dated 12.05.2005, the Reference Court has not taken into consideration the value Prakash vs. Union of India^. However, the claimants have Be that as it may. 12. Considering the matter in its entirety, this Court is of the view that the enhancenlent of compensation by the Reference Court was based on the material bn record, supported by cogent reasons, not on higher side and wariants no interference of this Court. Point for consideration is therefore, answered against the appellants. Accordingly, for the foregoing reasons, these appeals are dismissed. No order as to costs. Ail pending miscellaheous petitions shall stand closed. 5 appreciation in terms of Om not filed appeals. 13. 14. ^ (2004) 10 see 627 SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE eOPY// SEOTION OFFIOER To, 1. The Civil Judge (Senior Division): Allagadda, Kurnool District. 2. One CC to GP for Appeals (AP) Advocate [OPUC] 3. One CC to Sri Balia Ravindranath & Savithri Devi Advocate [OPUC] 4. The Section Officer. VR Section, High Court of Andhra Pradesh at Amaravathi 5. THREE CD COPIES SAM TAG . r HIGH COURT DATED:13/02/2025 JUDGMENT + DECREE LAAS.Nos. 279, 209, 210, 218 and 308 of 2015 DISMISSING THE LAND ACQUISITION APPEAL SUITS