APHC010028282013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TWENTY FOURTH 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: 638 OF 2013 Between: The Special Deputy Collector, Land Acquisition, S.R.B.C., Nandyal, Kurnool District ...APPELLANT/REFERRING OFFICER AND Gali Chinna Pulla Reddy Died, by his LRs 1. Gali Rangamma, W/o.late Chinna Pulla Reddy, age 47 years R/o.Singanapalli Village, Owk Mandal, Kurnool District. 2. Gali Muralimohan Reddy, S/o.late Chinna Pulla Reddy R/o.Singanapalli Vitlage, Owk Mandal, Kurnool District. 3. Gali Rambhupal Reddy, S/o.late Chinna Pulla Reddy, age 27 years, R/o.Singanapatli Village, Owk Mandal, Kurnool District. age 30 years. 4. Gali Lakshmi Saiiaja, D/o.late Chinna Pulla Reddy, age 22 years, [2 to 5 are added as per orders in IA No.150/2009 10.06.2009] R/o.Singanapalli Village, Owk Mandal, Kurnool District.] ...RESPONDENTS/CLAIMANTS Appeal under Section 54 of Land Acquisition Act, against the order and Decree passed in O.P No. 485/2008 on the file of the Principal Senior Civil Judge, Nandyal dated 31.08.2009. This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Trial Court and material papers in the Suit and upon hearing arguments of Government Pleader for Appeals, Advocate for the Appellant and Sri B D Maheswara Reddy, Advocate for Respondents. This Court doth Order and decree as follows: 1. That the appeal be and hereby is allowed in part; 2. That there be no order as to costs in this appeal. SD/- S.V.S.R. MURTHY JOINT REGISTRAR ' SECTION OFFICER //TRUE COPY// To 1. The Principal Civil Judge(Senior Division), Nandyal, Kurnool District 2. Two CD Copies TAC HIGH COURT DATED:24/07/2025 DECREE LAAS NO. 638 OF 2013 3 AUG 2025 J S^IjifrentSectjot^ ALLOWING THE APPEAL IN PART APHC010028282013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TWENTY FOURTH 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: 638 OF 2013 Appeal under Section 54 of Land Acquisition Act, against the order and Decree passed in O.P No. 485/2008 on the file of the Principal Senior Civil Judge, Nandyal dated 31.08.2009. Between: The Special Deputy Collector, Land Acquisition, S.R.B.C., Nandyal Kurnool District ...APPELLANT/REFERRING OFFICER AND Gali Chinna Pulla Reddy Died, by his LRs 1. Gali Rangamma, W/o.late Chinna Pulla Reddy, age 47 years, R/o.Singanapalli Village, Owk Mandal, Kurnool District. 2. Gali Muralimohan Reddy, S/o.late Chinna Pulla Reddy R/o.Singanapalli Village, Owk Mandal, Kurnool District. 3. Gali Rambhupal Reddy, S/o.late Chinna Pulla Reddy, age 27 years R/o.Singanapalli Village, Owk Mandal, Kurnool District. age 30 years f 4. Gali Lakshmi Sailaja, D/o.late Chinna Pulla Reddy, age 22 years, per orders in lA No.150/2009 10.06.2009] R/o.Singanapalli Village, Owk Mandal, Kurnool District.] ...RESPONDENTS/CLAIMANTS [2 to 5 are added as lA NO: 2 OF 2013(LAASMP 1481 OF 2013 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 proceedings in pursuance of Judgment and decree passed in O.P.No.485/2008 dt.31-08-2009 on the file of the Principal Senior Civil Judge at Nandyal, including execution proceedings in E.P.No.983 of 2010 pending disposal of the Appeal. Counsel for the Appellant : GOVERNMENT PLEADER FOR APPEALS Counsel for the Respondents: SRI B D MAHESWARA REDDY The Court made the following : APHC010028282013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No. 638/2013 BETWEEN: 1.THE SPECIAL DEPUTY COLLECTOR, LA., SRBC., NANDYAL, KURNOOL DISTRICT ...APPELLANT AND 1.GALI CHINNA PULLA REDDY DIED, BY HIS LRS 1. GALI RANGAMMA, W/O.LATE CHINNA PULLA REDDY R/O.SINGANAPALLI VILLAGE, OWK MANDAL, KURNOOL DISTRICT. 2.GALI MURALIMOHAN REDDY, S/0. LATE CHINNA PULLA OWK MANDAL, REDDY R/O.SINGANAPALLI VILLAGE, KURNOOL DISTRICT. 3.GALI RAMBHUPAL REDDY, S/O.LATE CHINNA PULLA REDDY OWK MANDAL. KURNOOL R/O.SINGANAPALLI VILLAGE, DISTRICT. 4.GALI LAKSHMI SAILAJA, D/O.LATE CHINNA PULLA REDDY [2 TO 5 ARE ADDED AS PER ORDERS IN lA N0.150/2009 10.06.2009 R/O.SINGANAPALLI VILLAGE, KURNOOL DISTRICT. OWK MANDAL, ...RESPONDENT(S): 2 > This appeal is preferred against the order and Decree passed i : O.P. No.485/08 on the file of the Principal Senior Civil Judge, Nandyal dated 31.08.2009. in Counsel for the Appellant: 1.GP FOR APPEALS Counsel for the Respondent(S): 1. B D MAHESWARA REDDY The Court made the following Judgment:(PerHon We sn Justice Ninala Jayasurya) The present appeal is preferred against order dated 31.08.2009 in O.P. No.485 of 2008, on the file of the Court of Principal Senior Civil Judge, Nandyal. At the time of considering the matter, learned counsel on both sides stated that the matter is squarely covered by order of this Court dated 21.11.2024 in L.A.A.S. No.168 of 2013. In view of the same and for the allowed in part. As a sequel, interlocutory applications pending, if any, in this case shall stand closed. reasons alike, the Appeal is SD/- S.V.S.R. MURTHY JOINT REGISTRAR w 9^ ' SECTION OFFICER //TRUE COPY// To, 1. The Principal Civil Judge (Senior Division), Nandyal, Kurnool District (with records ) 2. Two CCs to Government Pleader for Appeals, High Court of Andhra Pradesh [OUT] 3. One CC to Sri B D Maheswara Reddy Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 5. Two CD Copies Stu TAC (Along with the order of this court dated 21.11.2024 in LAAS No.168 of 2013) HIGH COURT DATED:24/07/2025 < JUDGMENT + DECREE LAAS NO. 638 OF 2013 ALLOWING THE APPEAL IN PART IN THE HIGH COURT OF AljlDHRA PRADESH AT AMARAVATI M THURSDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR •A o PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO LAND ACQUISITION FII^ST9IPPEAL No.168 of 2013 Appeal under Seetion 54 of Land Acquisition of 1894, against the Order and Decree dated 31.08.2009 passed in OP.No.696 of 2007 on the file of the Principal Senior Civil Judge, Nandyal, Kurnool District Between: 1 The Special Deputy Gollector, Land Acquisition, S.R.B.G. Nandyal, Kurnool District ...Appellant/Referring Officer mn 1. K.Bhasyam Acharyulu, S/o. Late Srinivasa Acharyulu (Died) per LRs ...Respondent/Claimant 2. K.Pushpammia, W/b. Late K. Bhasyam Acharyulu, age 60 years 3. K.Madhu Sudhanacharyutu, S/o. Late K.Bhasyam Acharyulu, aged 43 years 4. K. Vedanthaacharyulu, S/o. Late K.Bhasyam Acharyulu, aged 41 years • • i. ,V ' ' 5. K. Ambareesh Kumar, S/o. Late K Ehasyam Acharyulu, aged 36 years 6. K.Sreenivas, S/o. Late K.Bhasyam Acharyulu, aged 35 years All are R/o. Owk Village and ManddI, Kurnool District \ (Respondents 2 to 6 are brought on record as LRs of Respondent K.Bhashyam Acharyulu, as per Court order dated 19/02/2013 vide LAASMP.No.1774 of 2012) ...Respondents LA. NO: 1 OF 2013(LAASIVIP. NO: 468 OF 20131 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 proceedings in pursuance of the Judgment and Decree passed in OP.No.696 of 2007 dated 31/08/2009 on the file of the Principal Senior Civil Judge at Nandyal, Kurnool District including execution proceedings in EP.No. 999 of 2010 pending disposal of the appeal. Counsel for the Appellant : Sri TS Rayulu (GP for Appeals) Counsel for the Respondents: Sri Upendra, representing on behalf of Sri K Narendranath Reddy The Court made the following: . APHC010800982013 IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI {Special Original Jurisdiction) [3495] THURSDAY,THE TWENTYFIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SR! JUSTICE T MALLIKARJUNARAO LAND ACQUISITION APPEAL SUIT No.168 of 2013 Between: The Special Deputy Collector, Land Acquisition, S.R.B.C, Nandyal, Kurnool (District) APPELLANT AND K Bhasyam Acharuiu, S/o. Late Srinivasa Acharyulu (Died), R/o. Owk Village and Mandal, Kurnool District. ...RESPONDENT(S) Counsel for the Appellant: 1. GP FOR APPEALS Counsel for the Respondent: 1. KNARENDRANATH REDDY The Court made the following Judgment: (per Hon'ble SrUitstice Nlnala Jayasurya) ^ AiO • Heard Mr. T S Rayulu, learned Government Pleader for Appeals. Also heard Mr. Upendra, learned counsel, representing the learned counsel for the respondents/claimants. Contd... NJS,J & TMR.J L.A.ASNo.168 of 2013 \ 2 2. The present appeal is filed aggrieved by the order dated 31.08.2009 in L.A.O.P No.696 of 2007 on the file of the Principal Senior Civil Judge, Nandyal. The said O.P was disposed of along with O.P No.485 of 2008. 3. For the purpose of Paleru earth bund improvements, a total extent of Ac.40.72 cents situated in various survey numbers in Owk village, belonging to the respondents/claimants and others was acquired, pursuant to a notification dated 19.01.1998 under Section 4(1) of the Land Acquisition Act, dated 19.01.1998. A common award was passed by the Land Acquisition Officer vide Award No.8/97 dated 30.03.1998. by fixing the market value at the rate of Rs.40,000/- per acre and RsMMOI- per acre, by categorizing the lands into ‘dry lands’ and ‘irrigated dry lands’. 4. Aggrieved by the said fixation, the claimants sought reference under Section 18 of the Land Acquisition Act and claimed compensation at the rate of Rs.2,00,000/- per acre before the Reference Court. They examined RWs.1 3 and got marked Exs.BI to B4. No oral evidence was adduced on behalf of the Referring Officer. A copy of the award No.8/97-98 dated 30.03.1998 was marked as Ex.AI with consent. to The learned Reference Court, while appreciating the evidence on record, fixed the value of dry lands at the rate of Rs.79,200/- and irrigated dry lands at the rate of Rs.99,200/- per acre by applying principle of appreciation at 12% per annum, enhanced the compensation from Rs.40,000/- to Rs.1,07,000/- in respect of the diy lands and from Rs.60,000/- to Rs.1,34,000A in respect of the irrigated dry lands. Aggrieved by the same, the State preferred the present appeal. The learned Government Pleader for Appeals made submissions, inter alia, to the effect that the order of the learned Reference Court is illegal and without any valid basis. He submits that the Land Acquisition Officer had taken into consideration 48 registered sale transactions and after examining the 5. 6. Contd... NJS,J & TMR,J LA.A.S No.168 of 2013 * t 3 same, had rightly awarded a sum of ef.40.000/- for the dry lands and Rs.60,000/- for the irrigated dry lands. He submits that the learned Reference Court went wrong in enhancing the compensation in respect of the subject matter lands, on the misconception that the same are adjacent to the other villages where the lands are acquired for the same project and that the nature and potentiality is similar. He also submits that the learned Reference Court committed an error in applying the decision of the Hon’ble Supreme Court in Om Prakash vs. Union of lndia^ and taking the value appreciation at the rate of 12% per annum, as if it is a thumb rule. He submits that, in any event, the compensation as enhanced by the Reference Court is highly excessive, without any valid basis and calls for Inti'rference by this Court. Making the said submissions, the learned eounse! seeks to allow the appeal. The learned counsel for the respondents/claimahts, on the other hand, made submissions to sustain the order, under ehallenge. It is his submission that the learned Reference Court after tbproughly examining the matter, with reference to the oral and documentary evidence adduced on behalf of the respondents/claimants, passed the impugned order and it contains cogent . Referring to the relevant fmdjngs recorded by the learned Judge, he 7. reasons further contends that the learned Reference Court had rightly taken into consideration the time gap of three years between the acquisition of lands in question and the acquisition of lands which are subject matter of Ex.B3 vide notification dated 19.12.1994 and applied the decision of the Hon’ble Supreme Court referred to above. He al^ submits that the enhancement of compensation by the learned Referefie Court is just, valid, based on cogent evidence and warrants no interference by this Court. Making the said submissions, the learned counsel urges for the dismissal of the appeal. This Court has considered the. submissions made and on appreciation of the same, the point raised for adjudication is as to whether the order under 8. ‘ 2004 (10) see page 627?-^. Contd... NJS,J & L.A.A. S No. 168 of 2013 4' challenge warrants interference of this Court, in the facts and circumstances of the case? At the outset, it may be noted that the Owk village is the headquarters of the Mandal and located along the Tadipatri-Nandyal main road. It is not In dispute that there was an earlier acquisition of lands situated in Singanapalle village which is adjacent to Owk village under award No.16/93-94 dated 02.03.1994. The Land Acquisition Officer had taken note of the said acquisition and passed award dated 30.03.1998 (Ex.AI) in respect of the lands in question. The evidence adduced on behalf of the respondents/claimants through RWs.1 to 3 clearly establishes that Owk village and Singanapalle village are adjacent and contiguous, having same potentiality, fertility, crop- pattern and are similar in all respects including the market value. ' The learned Reference Court while taking note that the compensation fixed vide award No.8/2001-02 dated 25.06.2001 under Draft Notification dated 19.12.1994 in respect of the lands situated in Singanapalle village was enhanced to Rs.79,200/- per acre, felt it appropriate to fix the compensation in respect of the subject matter dry lands at Rs.79,200/- per acre and Rs.99,200/- per acre in respecf of the irrigated dry lands, keeping in view the difference in the nature of both the lands. 9. Though the tearned Government Pleader sought to impress upon this Court that the subject matter lands are not having the similar potentiality, etc., the evidence adduced by the respondents/claimants categorically supports their case. Therefore, the submission made by the learned Government Pleader merits, no appreciation. In so far as the other contention with regard to the application of the decision of the Hon’ble Supreme Court in Om Prakash vs. Union of India is concerned, it would appear that in the connected appeal i.e., L.A.A.S No.638 of 2013 filed againsMhe order in O.P No.485 of 2008, a Division Bench of the erstwhile High Court of Andhra Pradesh wde Orders 10. Contd... NJS,J & TMR,J L.A.A.SNo.168 of 2013 5 dated 05.12.2013 was inclined to partly allow the same by reducing the value appreciation to 10% per acre. 11. On consideration of the matter in its entirety, this Court see no reason to interfere with the order under challenge in so far as fixation of market value at the rate of Rs.79,200/- per acre and Rs.99,200/- per acre in respect of the above mentioned categories of lands. The order of the learned Reference Court to the extent is just and valid. However, in the light of the orders passed in L.A.A.S No.638 of 2013, the value appreciation is reduced to 10% per ; annum. Accordingly, the appeal is partly-allowed. The compensation in respect of the category^ 'dry lands’ is fixed at Rs.1,03,000/- per acre and category-11 ‘irrigated dry lands’ is fixed at Rs. 1.29,000/- per acre. The order of the learned Reference Court in respect of statutory benefits etc; stands confirmed. As a sequel, all pending applications shall stand closed. 12. SD/-P VENKATA RAMANA JOINT REGISTRAR //TRUE COPY// SEC To 1. The Principal Civil Judge (Senior;,Division), Nandyal, Kurnoot District, (with records if any) 2. Two CCs to GP for Appeals, High Court of Andhra Pradesh, AmaravathI [OUT] 3. One CC to Sri K Narendranath Reddy, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at AmaravathI. (to dispatch the trial court records) 5. Three CD Copies V TK sree HIGH COURT DATED:21/11/2024 JUDGMENT + DECREE LAAS.No.168 of 2013 O O 0 6 MAR 2025 | Current Section !Sfe.^SPATCVI*"^--^ 1 fa: ★ ALLOWING THE LAAS IN PART