IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY.THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 81 OF 2022 Between: 1. Sunku Ramanaiah, (0.1 died) (LRs. are shown as appellant Nos. 37 to 43 ) 2. Bakkamunthala Ramaiah, (C.2 died) (LR of this claimant is added as Claimant No.31 as per orders in lA N. 120 of 1999 dated 23-08-1999 ) 3. S. Venkatarathnam, (C.3 died) (LRs. are shown as appellant Nos. 42 and 43) 4. Kolluru Narayanamma, (C.4 died) (LR of this claimant is on record as Claimant No.6) 5. Bakkamunthala Jayaramaiah, S/o Mallaiah (C.5) @ Pedda Mallaiah Aged about 55 years, 6. Kolluru Chandraiah, (C.6 died) (LR of this claimant is added as Claimant No.35 as per orders in lA N. 144 of 2002 dated 9-09-2003 ) 7. Sunku Ramachandraiah, (C.7 died) (LRs are shown as appellant Nos. 44 & 45) 8. Mannem Sridevi, D/o Chalama Naidu (C.8) Aged about 56 years, 9. Devalla Ambaiah @ Peda Ambaiah, (C.9 died) (LR is shown as appellant No. 46 ) 10. Sunku Peda Lakshmamma, W/o Venkataratnam (C.10) Aged about 55 years 11. Sunku Mallaiah, S/o Polaiah (C.11) Aged about 67 years, Sunku Penchalaiah, S/o Polaiah (C.12) Aged about 65 years, Kolluru Chinnamma, w/o China Pullaiah (C.13) Aged about 70 years, Bakkamunthala Chengaiah, S/o Mallaiah (C.14) Aged about 72 years Bakkamunthala Subbamma, (C.15 died) (LRs of this claimant already on record as Claimant Nos. 2, 5, 14, 16 8624 ) Bakkamunthala Seenaiah, S/o Mallaiah (C.16) Aged about 60 years, Puwadi Ramamma, W/o Venkatasubbaiah (C.17) Aged, about 70 years, Kuchipudi Ramanaiah @ Ramaiah, (C.18) S/o Chinnaiah Aged about 69 years, Sunku Venkatakrishnaiah, S/o Ramanaiah (C.19) Aged about 55 years, Kuchipudi Krishnaiah (C.20 died), (LR of this claimant is added as Claimant No.36 as per orders in lA N. 145 of 2002 dated 9-09-2003 ) Manikala Padmamma @ Padma, (C.21) W/o Lakshminarasaiah @ Narasimhul Yadav, Aged about 55 years, Manikala Lakshminarasamma, (C.22 died) (LR of this claimant is added as Claimant No.33 as per orders in lA N. 259 of 2001 dated 21-01-2002 ) Sunku Rosaiah, (C.23 died) (LRs of this claimant is added as Claimant Nos. 28 to 30 as per orders in lA N. 78 of 1998 dated 19-11-1998) Bakkamunthala Ramachandraiah, ( C.24 died). (LR of this claimant is added as Claimant No.34 as per orders in lA N. 260 of 2001 dated 21-01- 2002 ) 12. 13. 14. 15. are 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Devalla Mallaiah, (C.25 died) (LR of this claimant is added as Claimant No.32 as per orders in lA N. 125 of 1999 dated 23-08-1999 ) Kuchipudi Peda Vemaiah, S/o Chinnaiah (C.26 ) Aged about 71 26. years 27. Chava Sarojanamma, W/o Ankapa Naidu (C.27)aged about 65 Sunku Subbhamma, W/o late Rosaiah age 70 Sunku Rathnaiah, S/o Late Rosaiah (C.29/LR of C.23) Aged about 47 years 28. 29. years, 30. Sunku Kondaiah, S/o Late Rosaiah (C.30/LR of C.23) Aged about 45 years, 31. Bakkamunthala Sampurnamma, (C.31/ LR of C.2) W/o late Ramaiah, Aged about 55 years. Devalla Venkatakrishnaiah, (C.32/LR of C.25) S/o late Mallaiah, Aged about 55 years, Manikala Narasimhulu, (C.33/LR of C.22) S/o Late Penchalaiah Aged about 70 years, Bakkamunthala Rajeswaramma, (C.34/LR of C.24 died) (LRs. shown as appellant Nos. 47 to 49 ) Kolluru Varaprasad, (C.35/LR of C.6 died ) (LR. is shown as appellant No. 50) Kuchipudi Ramanamma, W/o Krishnaiah (C.36/LR of C.20) Aged about 57 years 32. 33. 34. are 35. 36. ...Appellants/ Claimants 37. Sunku Penchalamma, W/o Ramanaiah (LR of C.1) Aged about 75 years. 38. Sunku Venkatakrishnaiah, S/o Ramanaiah (LR of C.1) Aged about 55 years. 39. Sunku Sreenivasulu, S/ o Ramanaiah (LR of C. 1) Aged about 45 Sunku Venkateswarlu, S/o Ramanaiah (LR of C.1) Aged about 43 years, 40. years. 41. Sunku Janardhan, S/o Ramanaiah (LR of C. 1) Aged about 41 Sunku Peda Lakshmamma, (LR of C.185 C.3) W/o Venkatarathnam, Aged about 55 years, Sunku China Lakshmamma, (LR of C.185 C.3) W/o Venkatarathnam, Aged about 52 years, Sunku Nagaraju, S/o Ramachandraiah Sunku Murali Krishna, s/o Ramachandraiah Devalla Nageswara Rao, S/o Ambaiah (LR of C.9) Aged about 32 years 42. 43. 44. 45. 46. years. 47. Palliboina Umamaheswari, (LR of C.34) W/o Dayakar, Aged about 36 years 48. Golla Sivakumari, (LR of C.34) W/o Golla Malyadry, Aged about 27 years. 49. Bakkamunthala Prasanna, (LR of C.34) @ Kandiboina Amrutha W/o Vasu , Aged about 23 years, Madineni Anasuyamma, W/o Ramanaiah (LR of C.35) Aged about 46 years. All are agriculturists, R/ o. Peramakonda village, Kaluvoya Mandal, SPSR Nellore District 50. ...Appellants/ LR’s of Claimant No’s.1,3,7,9 & 35 AND The Special Deputy Collector (Land Acquisition), Telugu Ganga Project. Rapur at Nellore, Nellore ...RESPONDENT/ R.O Appeal filed under section 54 of Land Acquisition Act the Judgment and decree of the 15.07.2004 passed in LAOP No. 72 of 1992 aggrieved by Senior Civil Judge, Guduru dated 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 Sri Chetiuru Sreenivas, for the Appellants, and GP for Land acquisition(AP), for the Respondent. THIS COURT DOTH ORDER AND DECREE AS FOLLOWS: That the Appeal be and hereby is Allowed; That the compensation for each tree be and is hereby enhanced as follows a. Lime & Mango trees b. Cheeni (Sweet Orange) trees c. Soap-nut trees d. Tamarind tree e. Palmyra trees f. Regu, Jamberi and Red-Lemon trees 1. 2. Rs.3,000/- per tree Rs.4,000/- per tree Rs.5,000/- per tree Rs.6,000/- per tree Rs.300/- per tree Rs. 400/- per tree That the appellant shall pay the Court fee on the enhanced 3. compensation amount; That the appellant is 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 there be no order as to costs in this appeal. 4. 5. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Civil Judge [Senior Division], Guduru, SPSR Nellore District. Three CD Copies 1. 2. MV sree HIGH COURT DATED: 01/05/2025 DECREE LAAS.No.81 of 2022 S i n JUL 2025 ^ . Current Secuon ^ m 09 ALLOWING THE LAAS WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR, THURSDAY, THE FIRST DAY OF MAY | TWO THOUSAND AND TWENTY FIVE } PRESENT honourable SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 81 OF 9090 Appeal filed under section 54 of Land Acquisition Act, aggrieved by 15.07.2004 passed in LAOP No. 72 of 1992 Between: 1. Sunku Ramanaiah, (C.1 died) (LRs. are shown as appellant Nos. 37 to 43 ) 2. Bakkamunthala Ramaiah, Claimant No.31 (C.2 died) (LR of this claimant is added as as per orders in lA N. 120 of 1999 dated 23-08-1999 ) 3. S. Venkatarathnam, (C.3 died) (LRs are shown as appellant Nos. 42 and 43) 4. Kolluru Narayanamma, Claimant No.6) 5. Bakkamunthala Jayaramaiah, about 55 years, (C.4 died) (LR of this claimant iIS on record as S/o Mallaiah (C.5) @ Pedda Mallaiah Aged 6. Kolluru Chandraiah, (C.6 died) (LR claimant is added as Claimant No.35 as per orders in lA N. 144 of 2002 dated 9-09-2003 7. Sunku Ramachandraiah, (C.7 died) (LRs are shown ) as appellant Nos. 44 & 45) 8. Mannem Sridevi, D/o Chalama Naidu (C.8) Aged about 56 years 9. Devalla Ambaiah @ Peda Ambaiah, (C.9 died) (LR is shown as appellant No. 46 ) .Sunku Peda Lakshmamma, W/o Venkataratnam (C.10) Aged about 55 years, 10. 11. Sunku Mallaiah, S/o Polaiah (C.11) Aged about 67 years, Sunku Penchalaiah, S/o Polaiah (C.12) Aged about 65 years, Kolluru Chinnamma, w/o China Pullaiah (C.13) Aged about 70 years, Bakkamunthala Chengaiah, S/o Mallaiah (C.14) Aged about 72 years, Bakkamunthala Subbamma, (C.15 died) (LRs of this claimant already on record as Claimant Nos. 2, 5, 14, 16 8624 ) Bakkamunthala Seenaiah, S/o Mallaiah (C.16) Aged about 60 years, Puwadi Ramamma, W/o Venkatasubbaiah (C.17) Aged, about 70 years, Kuchipudi Ramanaiah @ Ramaiah, (C.18) S/o Chinnaiah Aged about 69 years, Sunku Venkatakrishnaiah, S/o Ramanaiah (C.19) Aged about 55 years, Kuchipudi Krishnaiah (C.20 died), (LR of this claimant is added as Claimant No.36 as per orders in lA N. 145 of 2002 dated 9-09-2003 ) Manikala Padmamma @ Padma, (C.21) W/o Lakshminarasaiah @ Narasimhul Yadav, Aged about 55 years, Manikala Lakshminarasamma, (C.22 died) (LR of this claimant is added as Claimant No.33 as per orders in lA N. 259 of 2001 dated 21-01-2002 ) Sunku Rosaiah, (C.23 died) (LRs of this claimant is added as Claimant Nos. 28 to 30 as per orders in lA N. 78 of 1998 dated 19-11-1998) Bakkamunthala Ramachandraiah, ( C.24 died). (LR of this claimant is added as Claimant No.34 as per orders in lA N. 260 of 2001 dated 21-01- 2002 ) 12. 13. 14. 15. are 16. 17. 18. 19. 20. 21. 22. 23. 24. Devalla Mallaiah, (C.25 died) (LR of this claimant is added as Claimant No.32 as per orders in lA N. 125 of 1999 dated 23-08-1999 ) Kuchipudi Peda Vemaiah, S/o Chinnaiah (C.26 ) Aged about 71 years, Chava Sarojanamma, W/o Ankapa Naidu (C.27)aged about 65 years Sunku Subbhamma, W/o late Rosaiah age 70 Sunku Rathnaiah, S/o Late Rosaiah (C.29/LR of C.23) Aged about 47 26. 27. 28. 29. years, 30. Sunku Kondaiah, S/o Late Rosaiah (C.30/LR of C.23) Aged about 45 years 31. Bakkamunthala Sampurnamma, (C.31/ LR of C.2) W/o late Ramaiah, Aged about 55 years. Devalla Venkatakrishnaiah, (C.32/LR of C.25) S/o late Mallaiah, Aged about 55 years, Manikala Narasimhulu, (C.33/LR of C.22) S/o Late Penchalaiah Aged about 70 years, Bakkamunthala Rajeswaramma, (C.34/LR of C.24 died) (LRs shown as appellant Nos. 47 to 49 ) Kolluru Varaprasad, (C.35/LR of C.6 died ) (LR. is shown as appellant No. 50 ) Kuchipudi Ramanamma, W/o Krishnaiah (C.36/LR of C.20) Aged about 57 years 32. 33. 34. . are 35. 36. ...Appellants/ Claimants 37. Sunku Penchalamma, W/o Ramanaiah (LR of C.1) Aged about 75 years. 38. Sunku Venkatakrishnaiah, S/o Ramanaiah (LR of C.1) Aged about 55 years. r I i'f 39. Sunku Sreenivasulu, S/o Ramanaiah (LR of C.1) Aged about Sunku Venkateswarlu, S/o Ramanaiah 45 years, (LR of C.1) Aged about 43 40. years 41. Sunku Janardhan, S/o Ramanaiah (LR of C.1) Aged about 41 years, Sunku Peda Lakshmamma, (LR of C.185 C.3) W/o Venkatarathnam, Aged about 55 years. 42. 43. Sunku China Lakshmamma, (LR of C.185 C.3) W/o Venkatarathnam Aged about 52 years, Sunku Nagaraju, S/o Ramachandraiah Sunku Murali Krishna, s/o Ramachandraiah Devalla Nageswara Rao, S/o Ambaiah (LR of C.9) Aged about 32 44. 45. 46. years. 47. Palliboina Umamaheswari, (LR of C.34) W/o Dayakar, Aged about 36 years 48. Golla Sivakumari, (LR of C.34) W/o Golla Malyadry, Aged about 27 years. 49. Bakkamunthala Prasanna, (LR of C.34) @ Kandiboina Vasu , Aged about 23 years, Madineni Anasuyamma, W/o Ramanaiah (LR of C.35) Aged about 46 years. All are agriculturists, R/ o. Peramakonda village, Kaluvoya Mandal, SPSR Nellore District Amrutha W/o 50. ...Appellants/ LR’s of Claimant No’s.1,3,7,9 & 35 AND The Special Deputy Collector (Land Acquisition), Teiugu Ganga Project, Rapur at Nellore, Nellore ...Respondent/ R.O Counsel for the Appellants; SRI CHETLURU SREENIVAS t t Counsel for the Respondent: GP FOR LAND ACQUISITION 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. 81 OF 2022 JUDGMENT: {Per Hon’ble Sri Justice Ninala Jayasurya) The land of the claimants was acquired by the respondent authorities of Telugu Ganga Project for foreshore submersion of Kandaleru Reservoir. 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.72 of 1992 on the file of the Court of Senior Civil Judge, Gudur. On considering the evidence, both oral and documentary, the Reference Court has answered the reference by enhancing compensation for Lemon and Tamarind trees. 2. Dissatisfied with the compensation granted to the appellants for Lemon and Tamarind trees and confirming the value fixed by the LAO for other trees vide order in L.A.O.P.No.72 of 1992, on the file of the Court of Senior Civil Judge, Gudur, dated 15.07.2004, the present L.A.A.S.No.81 of 2022 came to be filed seeking enhancement of the compensation of the trees. 2 ri 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 pass the same 3. orders in the present appeal. 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.31 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-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), and so far as the ■ Jj. tamarind and soap-nut are concerned, the Court has fixed Rs.6,000/- and Rs.5,000/- respectively for each tree. 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 No.61 of 2023, LAAS No.63 of 2022 and the judgment of the Hon’ble High Court in Pidugu Kondala Rayudu v. Special Deputy Collector, Land Acquisition, Telugu Ganga Project Unit, Kadapa\ The Hon’ble Apex Court in D. Eswara Naidu & Ors., versus The Special Deputy Collector(O.A.f dated 20.11.2018, inter alia held as follows: 5. . “2. The issue raised in these appeals pertains to the claim made by the appellants for enhancement of compensation for pomegranate trees, which stood in the land acquired for the purpose of Somashila/Telugu Ganga Project. The notifications in these cases have been issued on different dates between 1990 to 1994. The appellants have been granted compensation at the rate of Rs.2000/- per Pomegranate Tree. We find from Civil Appeal Nos.11404-11405 of 2016 that this Court has fixed compensation at the rate of Rs.3,000/- per pomegranate tree, as against the Rs.2000/- fixed by the High Court, in respect of 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 of the view that it would be just, reasonable and proper to fix the compensation at the rate of '2012(12) see 848 ^2019(13) see 785 4 Rs.3,000/- per Pomegranate Tree. Therefore, these appeals are disposed of with the following directions: (i) 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.” (ii) (iii) In the judgment rendered in LAAS No.417 of 2008, a Division 6. 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 Drumstibk & Neredu (Black-plum) Dates & Palmyra trees Remaining trees Pomegranate tree 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 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 & 5 Special Deputy Collector (LA.) (referred supra), in Civil Appeal No.11355 of 2018 in respect of the very same project. ors \/s. The Pleader for Appeals has relied on the judgment of the Hon'ble Apex Court in Ashok Kumar and another Vs. The said judgment does not pertain to the valuation Learned Government 8. State of Haryana. of the trees. The issue in the present appeal pertains to the valuation of Hence, the said judgment is not applicable to the present the trees. facts of the case. Learned Government Pleader for Appeals further stated that the 9. bearing trees (plants) and accordingly the value Officer and the Reference Court has and stated that the appellants are not trees existed were pre fixed by the Land Acquisition was rightly answered the said issue the basis of the entitled for the enhancement of compensation on learned counsel for the appellants, as they judgments relied on by the pre-bearing trees. Hence, filed under Section 54 of the Act, as urged this Court to dismiss the appeal the appellants are not entitled for are any enhancement of compensation. in the judgment of the Hon'ble Apex Court in D.Eswara Naidu & Collector (LA.) (referred supra) in Civil 10. \/s. The Special Deputy ors Appeal No.11355 of 2018, the Hon'ble Apex Court has fixed the rate for other itrees for the very same the pomegranate trees and 6 Somasila/Telugu Ganga Project @ Rs.3,000/- 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 for increasing of compensation for Pomegranate trees. The compensation was fixed in respect of each Lime, Mango trees @ Rs.3,000/- per tree; Cheeni (Sweet orange) trees @ Rs.4,000/- per tree; Soap-nut trees @ Tamarind trees @ Rs.6,000/- per tree; Palrri'yra trees @ Rs.300/- per tree; Regu, Jamberi and Red-lemon trees @ Rs.400/- per tree, in LAAS No.417of 2018. Rs.5,000/- per tree; 11. Learned Government Pleader for Appeals has disputed about the number of trees. Therefore, this Court is inclined to allow the appeal 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 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 compensation for the total number of trees as identified by the Land Acquisition Officer in the award and not 7 the total number of trees as the appellants claimed in the Reference on Court. As the claim is only with regard to the trees, the present appeal is allowed, enhancing the compensation for each tree as detailed below; Lime & Mango trees Cheeni (Sweet Orange) trees Soap-nut trees Tamarind trees Palmyra trees Regu, Jamberi and Red-lemon 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. 12. Rs.3,000/- per tree Rs.4,000/- per tree Rs.5,000/- per tree Rs.6,000/- per tree Rs. 300/- per tree Rs. 400/-per tree Sd/- E KAMESWARA RAO JOINT REGISTRAR ^^^FTOFFICER //TRUE COPY// SEC To, The Civil Judge [Senior Division], Guduru, SPSR Nellore District [with records if any] One CC to Sri Chetiuru Sreenivas, Advocate [OPUC] Two CCs to GP For Land Acquisition (AP), High Court Of Andhra Pradesh. [OUT] The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravati. 1. 2. 3. 4. The Section Officer, New filing Section, Civil wing. High Court of Andhra Pradesh at Amaravati 6. Three CD Copies MV sree i HIGH COURT N DATED: 01/05/2025 JUDGMENT + DECREE LAAS.No.81 of 2022 X i[|JUL 2025 S ^ , Currenl Section OesPATCWgr^' ALLOWING THE LAAS WITHOUT COSTS