APHC010872052015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION FIRST APPEAL No: 25/2019 Between: Naga Narayanamma and Others ...APPELLANT(S) AND The Special Deputy Collector Land Acquistion ...RESPONDENT Counsel for the Appellant(S): 1. CHETLURU SREENIVAS Counsel for the Respondent: 1. GP FOR APPEALS LAND ACQUISITION FIRST APPEAL No: 40/2019 Between: G Narayanamma and Others ...APPELLANT(S) AND Spl. Dy. Collector LA ...RESPONDENT Counsel for the Appellant(S): 1. CHETLURU SREENIVAS Counsel for the Respondent: 1. GP FOR APPEALS (AP) The Court made the following: 2 COMMON JUDGMENT: (Per Hon’ble Sri Justice Tarlada Rajasekhar Rao) The land for the Telugu Ganga Project, including the property for foreshore submersion, was acquired by the respondent-authorities. Aggrieved by the fixation of low and small amount for the trees, the appellants-claimants have received the compensation on protest and requested to refer the award to the Civil Court under Section 18 of the Act. Accordingly, the award was referred and registered as L.A.O.P.No.18 of 1993 and L.A.O.P.No.34 of 1993 on the file of the Senior Civil Judge Court, Gudur. On considering the evidence, both oral and documentary, the Reference Court has answered the reference by fixing the compensation for the mango tree @ Rs.85/- per tree and Rs.22/- per each pomegranate tree and confirmed the rate of the coconut tree, as fixed by the Land Acquisition Officer, i.e., @ Rs.15/- per tree. 2. Dissatisfied with the compensation granted to the appellants by the Reference Court, for the pomegranate and mango trees, the present appeals are filed under Section 54 of the Land Acquisition Act, 1894. Since the issue involved in both the appeals is one and the same, they are being disposed of by this common judgment. 3 3. Aggrieved by the order in L.A.O.P.No.18 of 1993 on the file of the Court of Senior Civil Judge, Gudur, dated 09.07.2004, the present L.A.A.S.No.25 of 2019 came to be filed seeking enhancement of the compensation of the trees. L.A.A.S.No.40 of 2019 was filed against the order in L.A.O.P.No.34 of 1993. 4. Learned counsel appearing for the appellants would submit that this Court, the composite High Court of Andhra Pradesh at Hyderabad and the Hon’ble Apex Court have fixed the rate for pomegranate tree @ Rs.3,000/- per tree and for mango trees @ Rs.3,000/- per tree and for coconut trees @ Rs.3,000/- per tree and hence urged this Court to enhance the compensation for the aforesaid trees and to pass the same orders in the present appeals. 5. The appellants relied on the judgment of this Court in batch of appeals, vide L.A.A.S.No.35 of 2019 and batch dated 27.09.2023, and also in L.A.A.S.No.61 of 2022 and batch dated 05.10.2023, L.A.A.S.No.31 of 2019 dated 27.06.2019 and in L.A.A.S.No.2 of 2023 dated 04.09.2023, and also the judgment of the Hon’ble Apex Court in D.Eswara Naidu & ors. Vs. the Special Deputy Collector (L.A.) in Civil Appeal No.11355 of 2018 dated 20.11.2018 and also the judgment of 4 the composite High Court in The Special Deputy Collector (Land Acquisition), Somasila Project, Unit-IV, Rajampet, Kadapa, Kadapa District Vs. Peddireddy Madhava Reddy and others. In the said judgment, the composite High Court has fixed Rs.3,000/- per each mango tree, acid lime tree, coconut tree, guava, jack-fruit and sapota (sapodilla) and also for the trees of pomegranate, drumstick and neredu (black-plum), the Court fixed Rs.3,000/- per tree and so far as the tamarind and soap-nut are concerned, the Court has fixed Rs.6,000/- and Rs.5,000/- respectively for each tree. 6. In Civil Appeal No.11355 of 2018 dated 20.11.2018 of the Hon’ble Apex Court, relied on by the learned counsel for the appellants, the Hon’ble Apex Court has fixed compensation @ Rs.3,000/- for each pomegranate tree along with all statutory benefits as against Rs.2,000/- granted by the High Court. 7. In Civil Appeal No.2947 of 2022, the Hon’ble Apex Court has fixed compensation for the pomegranate trees @ Rs.3,000/- per tree, following the judgment of the Hon’ble Apex Court in D.Eswara Naidu & ors Vs. The Special Deputy Collector (L.A.) (referred supra) in Civil Appeal No.11355 of 2018 for the very same project. 5 8. In contrast, Sri T.S. Rayalu, learned Government Pleader for Appeals, would argue on behalf of the respondent that, in accordance with the Assistant Director, Horticulture's recommendation and the clarification provided in Rc.LA/23/1990 dated 01.11.1990, the Special Collector, Telugu Ganga Project, Nellore, the cost of the plants was fixed in accordance with the clarification provided in Rc.LA/2023 dated 12.11.1990 of the Special Collector, Telugu Ganga Project, and the cost of cultivation is determined by the guidelines in G.O.Ms.No.92, Revenue (LA) Department dated 26.10.1990. 9. Learned Government Pleader for Appeals has relied on the judgment of the Hon’ble Apex Court in Ashok Kumar and another Vs. State of Haryana. The said judgment does not pertain to the valuation of the trees. The issue in the present appeals pertains to the valuation of the trees. Hence, the said judgment is not applicable to the present facts of the case. 10. Learned Government Pleader for Appeals further stated that the trees existed were pre-bearing trees (plants) and accordingly the value was fixed by the Land Acquisition Officer and the Reference Court has rightly answered the said issue and stated that the appellants are not 6 entitled for the enhancement of compensation on the basis of the judgments relied on by the learned counsel for the appellants, as they are pre-bearing trees. Hence, urged this Court to dismiss the appeals filed under Section 54 of the Act, as the appellants are not entitled for any enhancement of compensation. 11. In the judgment of the Hon’ble Apex Court in D.Eswara Naidu & ors Vs. The Special Deputy Collector (L.A.) (referred supra) in Civil Appeal No.11355 of 2018, the Hon’ble Apex Court has fixed the rate for the pomegranate trees and other trees for the very same Somasila/Telugu Ganga Project @ Rs.3,000/-for pomegranate tree as against Rs.2,000/- and held that the appellants are entitled to compensation @ Rs.3,000/- for pomegranate tree along with all statutory benefits and also further observed that every appellant is not entitled to statutory interest for the period of delay in approaching the High Court. The Court did not make a distinction between fruit-bearing and pre-bearing trees. Therefore, this Court is inclined to extend the benefit of orders mentioned above, increasing the compensation for pomegranate trees and mango trees to Rs.3,000/- and Rs.3.000/- respectively. 7 12. Learned Government Pleader for Appeals has disputed about the number of trees. Therefore, this Court is inclined to allow the appeals on fair admission made by the learned counsel for the appellants that the compensation may be enhanced as per the number of trees as identified by the Land Acquisition Officer in the award, as they are not insisted for grant of compensation for the number of trees which are pleaded by the appellants in the appeals. Therefore, it is made clear that the appellants are entitled to compensation for the total number of trees as identified by the Land Acquisition Officer in the award and not as the total number of trees as the appellants claimed in the Reference Court. 13. As the claim is only with regard to the trees, the present appeals are allowed, enhancing the compensation for each tree as detailed below: Pomegranate tree : Rs.3,000/- per tree Mango tree : Rs.3,000/- per tree 14. The appellants shall pay the Court fee on the enhanced compensation amount. The appellants are not entitled to interest during 8 the period of delay in preferring the appeals after disposal of the L.A.O.Ps. by the Reference Court. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in these cases shall stand closed. __________________________ JUSTICE NINALA JAYASURYA __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 13.03.2025 siva 9 THE HON’BLE SRI JUSTICE NINALA JAYASURYA AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT Nos.25 AND 40 OF 2019 Date: 13.03.2025 siva