r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SEVENTH DAY OF MARCH 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: 350 & 347 OF 2014: 493 OF 2013 & 558 OF 2017 L.A.A.S NO: 350 OF 2014 Appeal filed under Section 54 of Land Acquisition Act of 1894, against the order and Decree passed in O.P. No.60 of 2007 on the file of the Senior Civil Judge, Adoni dt.06-09-2010. i Between: The Land Acquisition Officer -cum- Revenue Divisional Officer, Adoni Kurnool District. ...Appellant/Referring Officer AND K.Md.Hussain, S/o. Late K.Shaik Saheb, D.No.5/52, age: Major Yemmiganur Village, Yemmiganur Mandal, Kurnool District. ...Respondents/Claimant Counsel for the Appellant: Mr. T S Rayalu GP for Appeals Counsel for the Respondent: Sri Butta Vijaya Bhasker la.A S NO-347 OF 9nid Appeal filed under Section against the order and Decree passed in O.P. No.59 of 2007 the Senior Civii Judge, Adoni dt.06-09-2010. Between: 54 of Land Acquisition Act of 1894, on the file of The Land Acquisition Officer Kurnool District. cum- Revenue Divisional Officer, Adoni —Appellant/Referring Officer AND K.Md. Sharif, S/o Late K.Shaik Saheb Yemmiganur Mandal, Kurnool District. D. No. 7/93 Yemmiganur Village, ■■.Respondents/Claimant Counsel for the Appellant: Mr. Counsel for the Respondent: LA.A.S NO: 493 OF 9ni7 T S Rayalu GP for Appeals Sri Butta Vijaya Bhasker Appeal filed under Section against the order and Decree the Senior Civil Judge, Adoni, Between: 54 of Land Acquisition Act passed in O.P. No.58 of 2007 dated: 06-09-2010. of 1894, on the file of The Land Acquisition Officer Kurnool District. -cum-Revenue Divisional Officer, Adoni, ...Appellant/Referring Officer > AND Smt. K. Mahaboob Bee, W/o. Late K Nazeer Ali, Age: Major, R/o. H.No.1/282, M.G Colony, Yemmiganur Village, Yemmiganur Mandal, Kurnool District. ...Respondents/Claimant Counsel for the Appellant: Mr. T S Rayalu GP for Appeals Counsel for the Respondent: None Appeared LA.A.S NO: 558 OF 2017 Appeal filed under Section 54 of Land Acquisition Act of 1894, against the order and Decree passed in O.P. No.61 of 2007 on the file of the Senior Civil Judge, Adoni, dated; 06-09-2010. Between: The Land Acquisition Office -Cum- Revenue Divisional Officer, Adoni, Kurnool District. ...Appellant/Referring Officer AND Smt.UP. Laxmamma, W/o Late UP.Narsaiah, Age; Major, D.No.2/54 Yemmiganur Village, Yemmiganur Mandal, Kurnool District. ...Respondents/Claimant Counsel for the Appellant: Mr. T S Rayalu GP for Appeals Counsel for the Respondent: None Appeared The Court made the following: APHC010701282014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH , TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAAS Nos: 350 & 347 of 2014: 493 OF 2013 & 558 OF 2017 LAAS No.350 of 2014: Between: The Land Acquisition Officer-cum-Revenue Divisional Officer, Adoni. ...APPELLANT AND K Md Hussain ...RESPONDENT Counsel for the Appellant: 1.GP FOR APPEALS Counsel for the Respondent: 1.BUTTAVIJAYABHASKER 2 The Court made the following COMMON JUDGMENT: (Per NJS,J) The present batch of appeals arise out of a common order dated 06.09.2010 in LAOP Nos.59: 58; 60 and 61 of 2007 on the file of the Court of the Senior Civil Judge, Adoni, and is disposed of by this common judgment. 2) The State aggrieved by the said orders preferred the present appeals. 3) For the purpose of providing house sites to the weaker sections, a Notification, under Section 4 (1) of the Land Acquisition Act (for short “the Act), dated 21.11.1998 for acquisition of the lands of the respondents- claimants i.e. an extent of Ac.0-474 cents of Mr.K. Nazeer Ali (petitioner’s husband in LAOP No.58 of 2007), an extent of Ac.0.474 of Mr.K.MD.Sharifi (Petitioner in LAOP No.59 of 2007); an extent of Ac.0- 474 cents of Mr. K.Md.Hussain (Petitioner in LAOP No.60 of 2007) and an extent of Ac.0.948 cents of Smt. U.P. Laxmamma (Petitioner in LAOP No.61 of 2007), in all Ac.2-73 cents situated in Sy.No.501/C1B of Yemmiganur, was issued. A Draft Declaration under Section 6 of the Act The Land Acquisition Officer after conducting enquiry, passed an Award determining the compensation in respect of the above mentioned lands at the rate of Rs.65,000/- per acre, as against the claim of the respondents-land owners at the rate of Rs.30 Lakhs per acre. They received the compensation under protest and was published on 05.12.1998. under Section 18 of the Act for payment of sought a reference compensation at the rate of Rs.30 Lakhs per acre. 4) Before the Reference Court, the respondents got examined PWs 1 to 6 and registered sale deeds dated 22.08.2003 and 06.03.2020 were Exs.XI and X2 respectively. A copy of the order dated 13.02.2007 was marked as Ex.BI and no oral evidence was adduced on marked as behalf of the Referring Officer. 5) Learned Reference Court after considering the matter through the impugned order determined the Market Value at the rate of Rs.3 Lakhs with deductions of 1/3^'^ thereof per acre and awarded the per acre statutory benefits. 6) Mr.T.S.Rayalu, learned Government Pleader for Appeals inter alia contends that the learned Reference Court went wrong in fixing the Market Value at the rate of Rs.2 lakhs per acre. It is his submission that the Land Acquisition Officer after taking into consideration of the relevant sale transactions had fixed the Market Value at the rate of Rs.65,000/- He submits that the per acre, which is just and reasonable, enhancement of the Market Value from Rs.65,000/- to Rs.2 Lakhs, that too without any cogent material, is not sustainable. He also submits that the learned Reference Court went wrong in not properly appreciating the oral and documentary evidence and not examining the matter in a proper perspective. Making the said submissions, the learned Government Pleader urges for allowing the appeals. 7) On the other hand, the learned counsel for the respondents made submissions to sustain the order under challenge. He contends that though the respondents claimed an amount of Rs.30 Lakhs per acre, the learned Reference Court while determining the Market Value at the rate of Rs.3 Lakhs per acre, opined that 1/3'"' has to be deducted towards development charges for amenities, which is not just, but the respondents owing to financial difficulties had not filed any appeals. He submits that the fixation of the Market Value is based on the orders passed in AS No. 1544 of 1986, which is in respect of the acquisition of lands on the earlier occasion, more than three years prior to the Notification in respect of the lands in question. In any event, he would urge that the fixation of the Market Value warrants no interference by this Making the said submissions, the learned counsel for the respondents-claimants seeks dismissal of the appeals. 8) This Court has considered the submissions and perused the material on record. 9) On an appreciation of the rival contentions, the only point that arises for adjudication is “Whether the determination of the Market Value is not just or reasonable and as such warrants interference of this Court?” Court. At the outset, it may be noted that there is no dispute with regard to issuance of the Notification dated 21.11.1998 under the provisions of the Land Acquisition Act and the purpose of acquisition i.e., providing house sites to the weaker sections. As noted earlier, the Land Acquisition Officer fixed the Market Value of the subject matter lands at the rate of Rs.65,000/- per acre, though the respondents claimed an amount of Rs.30 Lakhs per acre. Before the Reference Court, though PWs 1 to 6 were examined the claim for Market Value at the rate of Rs.30 Lakhs per acre could not be established. No doubt, Exs.XI and X2 were marked which relate to sale transactions wherein a small extent of half cent of land and another small extent of Ac.0-03 cents were sold the rate of Rs.20,000/- and Rs.30,000/- per cent respectively. However, the said sale transactions are post notification sales which took place on 22.08.2003 and 06.03.2003, that is more than four years after issuance of Section 4 (1) Notification in respect of the subject matter lands under acquisition. Therefore, the said sale exemplars cannot be taken as comparable sales. Except the said documents, the respondents have not filed any other material. Be that as it may. The learned Reference Court, which is required to determine the just and reasonable compensation for the acquired lands while noting the aspect that in respect of the acquisition of lands, which are little away from the lands in question, O.P.No.56 of 1996 was filed and against the 10) at 11) 6 orders passed by the Reference Court therein, the High Court determined the compensation in A.S.No.1544 of 1986 at the rate of Rs. 3 Lakhs felt it appropriate to fix the same. Keeping in view that the purpose of acquisition is for providing house sites to the weaker sections of the society, development of roads, drainages, parks etc., the learned Reference Court opined that 1/3'^^ value of the land has to be deducted towards the charges for amenities. Though the learned Government Pleader sought to impress upon that the Order under challenge is without any valid / cogent reasons, this Court on an appreciation of material and examination of the impugned order is not inclined to accept the same. It is settled Law that in the absence of any sale transactions in the vicinity of lands which are sought to be acquired, the Reference Court can take into consideration of the Award / Orders determining the Market Value in respect of the lands which are acquired under prior notifications for same purpose. In ONGC Ltd., v Sendhabhai Vastram Patel and Others^ 12) / 13) the Hon’ble Supreme Court, inter alia, held as follows: “11. While determining the amount of compensation payable in respect of the lands acquired by the State, indisputably, the market value therefor has to be ascertained. Although, there exist different’modes for arriving at the market value for the land acquired; the best method, however, as is well known would be the amount which a willing purchaser of the land would pay to the owner of the land as may be evidenced by the deeds of sale. In the absence of any direct evidence on the said point, the court may take ^ (2005) 6 see 454 recourse to other methods viz. judgments and awards passed in respect of acquisition of lands made in the same village and/or neighbouring villages.” 14) Thersfore, the fixation of the Market Value by the Reference Court on the basis of the earlier order of the High Court, which is in respect of the earlier acquisition of lands in the year 1995-96 cannot be found fault with. Further, the learned Reference Court had rightly deducted l/S^"* value of the land towards developmental charges for providing amenities. Such a deduction is legally permissible, valid, does not suffer from any legal infirmity and the market value fixed i: Therefore, the contentions advanced on behalf of the appellants merits no appreciation. This Court see no reason to interfere with the order under challenge as there is no illegality or perversity. The point is accordingly answered. In the result, the Appeals fail and the same are accordingly IS reasonable. 15) dismissed. No costs \ Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division); Adoni, Kurnool District. 2. One CC to Sri Butta Vijaya Bhasker Advocate [OPUC] 3. Two CC’s to Sri GP for Appeals, High Court of Andhra Pradesh 4. The Section Officer, V.R. Section, High Court of A.P. 5. ThreeCD Copies [OUT] SAM nm HIGH COURT DATED:27/03/2025 COMMON JUDGMENT + DECREE LAAS.Nos.350 & 347 of 2014; 493 of 2013 & 558 of 2017 DISMISSING THESE LAND ACQUISITION APPEAL SUITS % \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY. THE TWENTY SEVENTH DAY OF MARCH 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: 347 OF 2014 Between: The Land Acquisition Officer -cum- Revenue Divisional Officer, Adoni Kurnool District. ...Appellant/Referring Officer AND K.Md. Sharif, S/o Late K.Shaik Saheb, D.No.7/93, Yemmiganur Village, Yemmiganur Mandal, Kurnool District. ...Respondents/Claimant Appeal filed under Section 54 of Land Acquisition Act of 1894, against the order and Decree passed in O.P. No.59 of 2007 on the file of the Senior Civil Judge, Adoni dt.06-09-2010. 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 Mr. T S Rayalu GP for Appeals for the Appellant, and Sri Butta Vijaya Bhasker 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 LAAS. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division): Adoni, Kurnool District. 2. Three CD Copies SAM HIGH COURT SAM NJS,J & TRR,J DATED:27/03/2025 DECREE LAAS.Nos.347 of 2014 ' 0 3 JUL 2025 tnntS«cti o «»» ★ DISMISSING THE LAND ACQUISITION APPEAL SUIT \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SEVENTH DAY OF MARCH 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: 493 OF 2013 Between: The Land Acquisition Officer-cum-Revenue Divisional Officer, Adoni Kurnool District. ...Appellant/Referring Officer AND Smt. K. Mahaboob Bee, W/o. Late K Nazeer Ali, Age: Major, R/o. H.No.1/282, M.G Colony, Yemmiganur Village, Yemmiganur Mandal, Kurnool District. ...Respondents/Claimant Appeal filed under Section 54 of Land Acquisition Act of 1894, against the order and Decree passed in O.P. No.58 of 2007 on the file of the Senior Civil Judge, Adoni, dated: 06-09-2010. 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 Mr. T S Rayalu GP for Appeals for the Appellant, and none appeared 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 LAAS. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division); Adoni, Kurnool District. 2. Three CD Copies SAM A, /> / HIGH COURT NJS,J SAM & TRR,J DATED:27/03/2025 DECREE LAAS.Nos.493 of 2013 0 3 JUL 2025 o ^stijtrmtSjctijiv^^ DISMISSING THE LAND ACQUISITION APPEAL SUIT IN THE HIGH COURT OF ANDHRA PRADESH AT THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRUUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 350 OF 2014 Between: The Land Acquisition Officer -cum- Revenue Divisionai Officer, Adoni Kurnool District. ...Appellant/Referring Officer AND K.Md.Hussain, S/o. Late K.Shaik Saheb, D.No.5/52, age: Major Yemmiganur Village, Yemmiganur Mandal, Kurnool District. ...Respondents/Claimant Appeai fiied under Section 54 of Land Acquisition Act of 1894, against the order and Decree passed in O.P. No.60 of 2007 on the file of the Senior Civil Judge, Adoni dt.06-09-2010. 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 Mr. T S Rayalu GP for Appeals for the Appellant, and Sri Butta Vijaya Bhasker for the Respondent. >4- / / y ■f / THIS COURT DOTH ORDER AND DECREE AS FOLLOWS: I .- That the Appeal be and is hereby dismissed , 2. That there be no order as to costs in this LAAS. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 9 1. The Civil Judge (Senior Division); Adoni, Kurnool District. 2. Three CD Copies SAM I i HIGH COURT SAM NJS,J & TRR,J DATED:27/03/2025 DECREE LAAS.Nos.350 of 2014 DISMISSING THE LAND ACQUISITION APPEAL SUIT \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR LAND ACQUISITION APPEAL SUIT NQ: 558 OF 2017 RAO Between: The Land Acquisition Office -Cum- Revenue Divisional Officer, Adoni, Kurnool District. ...Appellant/Referring Officer AND Smt.UP. Laxmamma, W/o Late UP.Narsaiah, Yemmiganur Village, Yemmiganur Mandal, Kurnool District. Age: Major, D.No.2/54 ...Respondents/Claimant Appeal filed under Section 54 of Land Acquisition Act of 1894 against the order and Decree passed in O.P. N0.6I of 2007 the Senior Civil Judge, Adoni, dated: on the file of 06-09-2010. This appeal coming on for hearing and upon perusing the grounds appeal, the Order and Decree of the Lower Court, and material papers in the petition and upon hearing arguments of Mr. T S Rayalu GP for Appeals for the Appellant, and none appeared for the Respondent. of / •4^ 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 LAAS. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division): Adoni, Kurnool District. 2. Three CD Copies SAM / HIGH COURT SAM NJS,J & TRR,J DATED:27/03/2025 ^0 3 JIJL 2025 Jg) ^■Sis£asi0^ DECREE LAAS.Nos.558 of 2017 DISMISSING THE LAND ACQUISITION APPEAL SUIT