IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE FIRST DAY OF MAY 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: 62 OF 2022 Between: 1. Chenikala Ramanaiah, (died) 2. Chenikala Ramaiah, (died) 3. Chenikala Penchalaiah, S/o Chinnaiah, Aged about 60 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 4. Narra China Chenchu Ramaiah, (died) 5. Chenikala Narasaiah, S/o Penchalaiah, Aged about 56 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 6. Chenikala Ratnaiah, (died) 7. Chenikala Rosaiah, (died) 8. Chenikala Eswaraiah alieas Suraiah, S/o Penchalaiah, Aged about 70 years, R/ o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. (Died as per LRs 25 to 28) 9. Narra Chenchu Subbiah., (died) " 10. Narra Chenchu Narsaiah, S/o China Chenchu Ramaiah, Aged about 73 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Narra Chenchu Krishnaiah, S/o China Chenchu Ramaiah, Aged about 71 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Narra Garataiah, S/o China Chenchu Ramaiah, Aged about 70 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Narra Jayaramaiah, S/o China Chenchu Ramaiah Aged about 68 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Chenikala Narasamma, W/o Ramaiah Aged about 65 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 11. 12. 13. 14. 15. Chenikala Raghu, S/o Ramaiah Aged about 44 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 16. Chenikala Lakshmi Narasamma, wife and LR of Late Chenikala Ramanaiah, Aged about 70 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Sankala Chandramma, W/o P. Penchalaiah Aged about 38 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 17. 18. Chenikala Venkateswarlu, son and LR of Late Chenikala Ramanaiah, Aged about 33 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 19. .Chenikala Ratnamma, W/o Late Chenikala Ratnaiah, Aged about 60 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 20. Chenikala Seenaiah, son and LR of Late Chenikala Ratnaiah, Aged about 41 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 21. Chenikala Venkateswarlu, son and LR of Late Chenikala Ratnaiah, Aged about 38 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 22. Sankala Padmamma, W/o China Penchalaiah, Aged about 43 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 23. Chenikala Ramanaiah, son and LR of Late Chenikala Rosaiah, Aged about 66 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Narra Chenchiah, son and LR of the deceased 9**^ claimant S/o Narra Chenchu Subbaiah, Aged about 46 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 24. (Appellant Nos. 1 to 15 are claimant Nos. 1 to 15 respectively, appellant Nos. 16 to 18 are the LRs of the deceased 1st claimant Chenikala Ramanaiah, appellant Nos. 19 to 22 are the LRs of the deceased 6th claimant Chenikala Ratnaiah, appellant No. 23 is the LR of the deceased 7th claimant Chenikala Rosaiah and appellant No. 24 is the legal representative of the deceased 9th claimant Narra Chenchu Subbaiah) 25. Chenikala Tirupamma, W/o. Late Suraiaha alias Eswaraiah, Aged about 71 years, Occ House Wife, R/o. Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 26. Peyyala Venkata Ramanamma, W/o. Venkata Krishnaiah, Aged about 42 years, Occ House Wife, R/o. Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Chenikala Venkateswarlu, S/o. Late Suraiaha alias Eswaraiah, Aged about 37 years, Occ Agri., R/o. Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Budala Bhargavi, W/o. Kondaiah, Aged about 30 years, Occ House Wife, R/o. Peramakonda Village, Kaluvoya Mandal, SPSR Nellore District. 27. 28. (Petitioner Nos. 25 to 28 brought on record as LRs of deceased Petitioner No.8 vide court order dated 05.10.2023 in I.A.No.2 of 2023 in LAAS.No.62 of 2022.) ...Appellants/ Claimants/LRs of Claimants AND The Special Deputy Collector, Land Acquisition, Telugu Ganga Project, Nellore, SPSR Nellore District. ...Respondents/Referring Officer Appeal filed under Section 54 of the Land Acquisition Act, 1894 against the Order and Decree, dated 10.08.2001 passed in L.A.O.P.No.19 of 1991 on the file of Additional Senior Civil Judge, Gudur, SPSR Nellore district. This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Trial Court, and material papers in the petition and upon hearing the arguments of Sri P. Sridhar Reddy, Advocate for the Appellants and the Government Pleader for Appeals/Respondent . THIS COURT DOTH ORDER AND DECREE: 1. That the Appeal be and is hereby allowed by enhancing the compensation for each tree as detailed below; a) That in respect of Mango Tree Rs.3000/- per tree, b) That in respect of Pomegranate Tree Rs.3,000/- per tree, c) That in the respect of Sweet Orange (Cheeni) Trees Rs.4,000/- per tree, d) That in the respect of Palmyra Trees Rs.300/- per tree That the appellants be and are hereby directed to pay the Court fee on the enhanced compensation amount; That the appellants be and are hereby not entitled to interest during the period of delay in preferring the appeal after disposal of the L.A.O.P. by the Reference Court; That the appellants be and are hereby entitled to compensation for the total number of trfees as identified by the Land Acquisition Officer in the Award, and not on the total number of trees as the appellants claimed in the Reference Court; and That there be no order as to costs in this Appeal. 2. 3. 4. 5. Sd/- E KAMESWARA RAO JOINT REGISTRAR ^ SECTION OFFICER //TRUE COPY// To 1. The Additional Senior Civil Judge, Gudur, SPSR Nellore District. 2. Three CD Copies Psr sree > HIGH COURT DATED:01/05/2025 DECREE LAAS.No.62 of 2022 i I ALLOWING THE LAAS WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI THURSDAY .THE FIRST DAY OF MAY g TWO THOUSAND AND TWENTY FIVE i§ PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 62 OF 2022 Appeal filed under Section 54 of the Land Acquisition Act, 1894 against the Order and Decree, dated 10.08.2001 passed in L.A.O.P.No.19 of 1991 on the file of Additional Senior Civil Judge, Gudur, SPSR Nellore district. Between: 1. Chenikala Ramanaiah, (died) 2. Chenikala Ramaiah, (died) 3. Chenikala Penchalaiah, S/o Chinnaiah, Aged about 60 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 4. Narra China Chenchu Ramaiah, (died) 5. Chenikala Narasaiah, S/o Penchalaiah, Aged about 56 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 6. Chenikala Ratnaiah, (died) 7. Chenikala Rosaiah, (died) 8. Chenikala Eswaraiah alieas Suraiah, S/o Penchalaiah, Aged about 70 years, R/ o Venkateswara Nagar, Podalakur Village and Mandai, SPSR Nellore District. (Died as per LRs 25 to 28) 9. Narra Chenchu Subbiah., (died) Narra Chenchu Narsaiah, S/o China Chenchu Ramaiah, Aged about 73 years, R/o Venkateswara Nagar, Podalakur Village and Mandai, SPSR Nellore District. 10. 11. Narra Chenchu Krishnaiah, S/o China Chenchu Ramaiah, Aged about 71 years, R/o Venkateswara Nagar, Podalakur Village and Mandai, SPSR Nellore District. 12. Narra Garataiah, S/o China Chenchu Ramaiah, Aged about 70 years, R/o Venkateswara Nagar, Podalakur Village and Mandai, SPSR Nellore District. 13. Narra Jayaramaiah, S/o China Chenchu Ramaiah Aged about 68 years, R/o Venkateswara Nagar, Podalakur Village and Mandai, SPSR Nellore District. 14. Chenikala Narasamma, W/o Ramaiah Aged about 65 years, R/o Venkateswara Nagar, Podalakur Village and Mandai, SPSR Nellore District. 15. Chenikala Raghu, S/o Ramaiah Aged about 44 years, R/o Venkateswara Nagar, Podalakur Village and Mandai, SPSR Nellore District. 16. Chenikala Lakshmi Narasamma, wife and LR of Late Chenikala Ramanaiah, Aged about 70 years, R/o Venkateswara Nagar, Podalakur Village and Mandai, SPSR Nellore District. Sankala Chandramma, W/o P. Penchalaiah Aged about 38 years, R/o Venkateswara Nagar, Podalakur Village and Mandai, SPSR Nellore District. 17. Chenikala Venkateswarlu, son and LR of Late Chenikala Ramanaiah, Aged about 33 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 18. .Chenikala Ratnamma, W/o Late Chenikala Ratnaiah, Aged about 60 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 19. Chenikala Seenaiah, son and LR of Late Chenikala Ratnaiah, Aged about 41 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 20. Chenikala Venkateswarlu, son and LR of Late Chenikala Ratnaiah, Aged about 38 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Sankala Padmamma, W/o China Penchalaiah, Aged about 43 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 21. 22. Chenikala Ramanaiah, son and LR of Late Chenikala Rosaiah, Aged about 66 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Narra Chenchiah, son and LR of the deceased 9*'^ claimant S/o Narra Chenchu Subbaiah, Aged about 46 years, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 23. 24. (Appellant Nos. 1 to 15 are claimant Nos. 1 to 15 respectively, appellant Nos. 16 to 18 are the LRs of the deceased 1st claimant Chenikala Ramanaiah, appellant Nos. 19 to 22 are the LRs of the deceased 6th claimant Chenikala Ratnaiah, appellant No. 23 is the LR of the deceased 7th claimant Chenikala Rosaiah and appellant No. 24 is the legal representative of the deceased 9th claimant Narra Chenchu Subbaiah) t. Chenikala Tirupamma, W/o. Late Suraiaha alias Eswaraiah, Aged about 71 years, Occ House Wife, R/o. Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Peyyala Venkata Ramanamma, W/o. Venkata Krishnaiah, Aged about 42 years, Occ House Wife, R/o. Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Chenikala Venkateswarlu, S/o. Late Suraiaha alias Eswaraiah, Aged about 37 years, Occ Agri., R/o. Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Budala Bhargavi, W/o. Kondaiah, Aged about 30 years, Occ House Wife, R/o. Peramakonda Village, Kaluvoya Mandal, SPSR Nellore District. 25. 26. 27. 28. (Petitioner Nos. 25 to 28 brought on record as LRs of deceased Petitioner No.8 vide court order dated 05.10.2023 in I.A.No.2 of 2023 in LAAS.No.62 of 2022.) ...Appellants/ Claimants/LRs of Claimants AND The Special Deputy Collector, Land Acquisition,. Telugu Ganga Project, Nellore, SPSR Nellore District. ...Respondents/Referring Officer Counsel for the Appellants: SRI P SRIDHAR REDDY Counsel for the Respondent; GP FOR APPEALS The Court made the following: THE HON’BLE SRI JUSTICE NINALA JAYASURYA AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No. 62 OF 2022 JUDGMENT: (Per Hon’ble Sri Justice Ninaia Jayasurya) The land of the claimants was acquired by the respondent authorities of Kandaleru Reservoir for foreshore submersion of Telugu Ganga Project. 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 Land Acquisition Act 1894 (for short the Act). Accordingly, the award was referred and registered as L.A.O.P.No.19 of 1991 on the file of the Additional Senior Civil Judge, Guduru. On considering the evidence, both oral and documentary, the Reference Court has answered the reference by rejecting the enhancement for trees. Dissatisfied with the compensation granted to the appellant by the Reference Court, for the Mango, Cheeni, Palmyra and pomegranate trees vide order in L.A.O.P.No. 19 of 1991 on the file of the Additional Senior Civil Judge, Guduru, dated 10.08.2001, the present L.A.A.S.No. 62 of 2022 came to be filed seeking enhancement of the compensation 2. of the trees. 2 ^ r 3. 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 trees @ Rs.3,000/- per tree and for mango trees @ Rs.3,000/- per tree and for coconut trees @ Rs.3,000/- per tree and for sweet orange trees (cheeni trees) @ Rs.4,000/- per tree and hence urged this Court to enhance the compensation for the aforesaid trees and to orders in the present appeal. pass the same 4. The appellants relied on the judgment of this Court in a batch of appeals vide L.A.A.S.No.35 of 2019 and batch dated 27.09.2023, L.A.A.S.No.61 of 2022 and batch dated 05.10.2023, L.A.A.S.No.3l of 2019 dated 27.06.2019 and 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 (LA.) in Civil Appeal No. 11355 of 2018 dated 20.11.2018, the judgment of the composite High Court in The Special Deputy Collector (Land Acquisition), Somasila Project, Unit-1 V, Rajampet, Kadapa, Kadapa District \/s. 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, jack-fruit and sapota (sapodilla) and also for the trees of drumstick and neredu (black-plum), and so far as the tamarind and coconut tree, guava pomegranate. r 3 concerned, the Court has fixed Rs.6,000/- and Rs.5,000/- soap-nut are respectively for each tree. 5. Learned counsel for the appellants ^further relied on the judgment of this Court in LAAS No.28 of 2019 and batch dated 05.11.2019, LAAS LAAS No.63 of 2022 and the judgment of the Hon’ble No.61 of 2023, High Court in Pidugu Kondala Rayudu v. Special Deputy Collector, Land Telugu Ganga Project Unit, Kadapa\ The Hon’ble Apex Acquisition, Court in D. Eswara Naidu & Ors., versus The Special Deputy Collector(O.Af dated 20.11.2018, inter alia held as follows; 2. The issue raised in these appeals pertains to the claim made enhancement of compensation for the land acquired for the by the appellants for pomegranate trees, which stood in of Somashila/Telugu Ganga Project. The notifications in purpose these cases have been issued on different dates between 1990 to 1994. The appellants have been granted compensation at the We find from Civil rate of Rs.2000/- per Pomegranate Tree. of 2016 that this Court has fixed Appeal Nos.11404-11405 compensation at the rate of Rs.3,000/- per pomegranate tree, as Rs.2000/- fixed by the High Court, in respect of the against the acquisition for the same project, for which notification was issued Having regard to the entire facts and in the year 1994. circumstances of the case, we are just, reasonable and proper to fix the compensation at the rate of Rs.3,000/- per disposed of with the following directions; of the view that it would be Pomegranate Tree. Therefore, these appeals are ^2012(12) see 848 2 2019(13) see 785 4 The appellants shall be entitled to compensation at the rate of Rs.3,000/- (Rupees Three Thousand) per Pomegranate Tree along with all statutory benefits. However, they shall not be entitled to statutory interest for the period of delay in approaching this Court or the High Court. The compensation to the claimants shall be made within three months from today.” 6. In the judgment rendered in LAAS No.417 of 2008, a Division Bench of this Court granted compensation in respect of trees, in the following manner: Mango, Acid Lime, Coconut, Guava, Jack-fruit & Sapota (Sapodilla) Tamarind Cheeni (Sweet Orange) Soap-nut Cashew nut trees Drumstick & Neredu (Black-plum) Dates & Palmyra trees Remaining trees Pomegranate tree (i) (ii) (iii) Rs.3,000/- per tree Rs.6,000/- per tree Rs.4,000/- per tree Rs.5,000/- per tree Rs.2,500/- per tree Rs.2,000/- per tree Rs. 300/- per tree Rs. 400/- per tree Rs.3,000/- per tree Hon’ble Apex Court has In Civil Appeal No.2947 of 2022, the fixed compensation for the pomegranate trees @ Rs.3,000/- per tree, following the judgment of the Hon’ble Apex Court in D.Eswara Naidu & Vs. The Special Deputy Collector (LA.) (referred supra), in Civil 7. ors Appeal No. 11355 of 2018, in respect of the very same project. t 5 - 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 appeal pertains to the valuation of the trees. Hence, the said judgment is not applicable to the present 8. facts of the case. Learned Government Pleader for Appeals further stated that the trees existed were pre-bearing trees (plants) and accordingly the value fixed by the Land Acquisition Officer and the Reference Court has rightly answered the said issue and stated that the appellants are not entitled for the enhancement of compensation on the basis of the judgments relied on by the learned counsel for the appellants, as they pre-bearing trees. Hence, urged this Court to dismiss the appeal filecl under Section 54 of the Act, as the appellants are not entitled for any enhancement of compensation. 9. was are In the judgment of the Hon’ble Apex Court in D.Eswara Naidu & Vs. The Special Deputy Collector (LA.) (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/- as against Rs.2,000/- and held that the appellants are entitled to compensation @ Rs.3,000/- 10. ors 6 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, pomegranate trees In respect of Cheeni (Sweet Orange) and Palmyra in LAAS No.417 of 2008,-the compensation Rs.300/- per tree respectively. increasing the compensation for Mango trees and respectively. was fixed Rs.4,000/- and 11. Learned Government Pleader for Appeals has disputed number of trees. Therefore, this Court is inclined to allow the appeal fair admission made by the learned counsel for about the on the appellants that the compensation may be enhanced as per the number of trees Identified by the Land Acquisition Officer in the award, as the appellants are not insisted for grant of compensation for the number of trees which is pleaded by the appellants in the appeal. Therefore, it is made clear that the appellants are entitled to as compensation for the total number of trees as identified by the Land Acquisition Otficer in the award and not on the total number of trees as the appellants claimed in the Reference Court. 7 V- As the claim is only with regard to the trees, the present appeal is allowed, enhancing the compensation for each tree as detailed below: 12. Rs.3,000/- per tree Mango tree Rs.3,000/- per tree Pomegranate tree Rs.4,000/- per tree Sweet Orange (Cheeni) trees Rs. 300/- per tree. Palmyra trees 13.,. The appellants shall pay the Court fee on the enhanced compensation amount. The appellants are not entitled to interest during the period of delay in preferring the appeal after disposal of the L.A.O.P. < - by the Reference Court. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in this case shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// Action officer To The Additional Senior Civil Judge, Gudur, SPSR Nellore District, (with records) One CC to Sri. P Sridhar Reddy, Advocate [OPUC] Two CCs to GP for Appeals ,High Court Of Andhra Pradesh. [OUT] The Section Officer, Scrutiny Section (New Filing), High Court of Andhra Pradesh [OUT] The Section Officer, V.R. Section, High Court of Andhra Pradesh [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. Psr sree HIGH COURT DATED:01/05/2025 JUDGMENT + DECREE LAAS.No.62 of 2022 X JllJOI OT rn «» o ^ . Current sectiun ALLOWING THE LAAS WITHOUT COSTS