X IN THE HIGH COUf?T OF ANDHRA PRADESH AT AMARAVATI THURvSDAY, 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: 53 OF 2019 Between: 1. Karipam Naraiah, S/o Tiripaiah (C.1) aged about 45 years, R/o Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 2. Konda Polaiah, S/o Kondaiah (C.2) aged about 65 years, R/o Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 3. Shaik Khasim Saheb, S/o Hattu Saheb (C.3 died) (His LRs are shown as Appellant Nos. 10 to 13) (Died per L.Rs 10 to 15 & 8) (Petitioners 11, 12&13) 4. Sk. Chanbi, W/o Maboo Saheb (C.4) aged about 70 years, R/o Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 5. Sk Khadar Bi, W/o. Late Masoom Saheb (C.5 died) (Her LRs are shown as Appellant Nos. 14 & 15) (Died per LRs 10 to 15 & 8) (Petitioners 14 &15) 6. Sk. Ramthullah Saheb, S/o Vannur Saheb (C.6 died) (His LRs is already on record as Appellant No.8) (Died per Lrs 10 to 15 & 8) (Petitioners) 7. Sk. Silar Saheb, S/o Vannur Saheb (C.7) aged about 70 years, R/o Obulayapalli Village, Rapur Mandal, SPSR Nellore District. / 8. Sk. Bheema Bi, W/o Ramthullah Saheb (C.8 & LR of C.6) aged about 60 years, R/o Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 9. Boddu Krishna Reddy, S/o Ramireddy (C.9) aged about 65 years, R/o St.2, Raghava Cini Complex, Nellore Town, SPSR Nellore District. ...Appellants / Claimants lO.Shaik Himambee, W/o Khasim Saheb (L.R. of C.3) aged about 65 years, R/o 26-2-28922, Masid Street, Mahatmagandhi Nagar, AK Nagar, Nellore. H.Shaik Beebjan @ Ghousinni, W/o Babu (L.R. of C.3) aged about 44 years, R/o Adurupalli Village, Chejarla Mandal, SPSR Nellore District. 12.Shaik Abidha, W/o Sandani (L.R. of C.3) aged about 40 years, R/o 26- 2-28922, Masid Street, Mahatmagandhi Nagar, AK Nagar, Nellore. 13.Shaik Abdul Azeed, S/o Khasim Saheb (L.R. of C.3) /aged about 38 years, R/o 26-2-28922, Masid Street, Mahatmagandhi Nagar, AK Nagar, Nellore. LRs of Claimant No.3. 14.Shaik Dariya Saheb, S/o Masoom Saheb (LR of C.5) aged about 62 years, R/o 1 Street, NTR Nagr Nellore Town, SPSR Nellore District. 15.Shaik Masthan Saheb, S/o Masoom Saheb (LR of C.5) aged about 58 years, R/o 1 Street, NTR Nagar Nellore Town, SPSR Nellore District. LRs of Claimant No.5 (Petitioner Nos. 10 to 15 & 8 as LRs of deceased Claimant Nos 3 vide court order dt. 27.03.2025 in I.A No. 3/2019 in L.A.A.S No.53 of 2019) .... Appellants/Proposed LRs of Appellant Nos. 3 & 5. And The Special Deputy Collector (LA), Telugu Ganga Project, Rapur Nellore, Mulapet, Neelagirisangam, Nellore. 5 & 6 at Respondent/L.A.O % \ Appeal filed under Section 54 of Land Acquisition Act, against the Judgment and decree of the learned Senior Civil Judge, Gudur, dt.30-11- 2001 passes in L.A.O.P No. 76 of 1991. This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the trail Court, and material papers in the petition and upon hearing the arguments of Sri Chetiuru Sreenivas, for the Appellant, and GP for Appeals for the Respondent. THIS COURT DOTH ORDER AND DECREE AS FOLLOWS: 1. That the Appeal be and is hereby Allowed; 2. That the appellants be and are hereby entitled to compensation for the total number of trees 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; 3. That the compensation for Pomegranate trees be and is hereby enhanced to Rs.3,OGO/-per tree; 4. That the appellants be and are hereby directed to pay the Court fee on the enhanced compensation amount; 5. That the app^fentl be and are hereby not entitled to interest during the period of delay t in preferring the appeal after disposal of the L.A.O.P by the Reference Court; 6. That there be no order as to costs in this appeal. Sd/- S.V.S.R. MURHTY JOINT REGISTRAR //TRUE COPY// 4 SECTION OFFICER To, 1. The Civil Judge (Senior Division): Gudur, SPSR Nellore District. 2. Two CD Copies SAM RAM ✓/ HIGH COURT DATED:01/05/2025 DECREE r LAAS.No.53 of 2019 X 21 JUL 2925 •9- cuitmt Secnon m ALLOWING THE LAND ACQUISITION APPEAL SUIT WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT 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: 53 OF 2019 Appeal under Section 54 of Land Acquisition Judgment and decree of the learned Senior Civil Judge 2001 in L.A.O.P No. 76 of 199T Act, against the Gudur, dt.30-11- Between: 1. Karipam Naraiah, S/o Tiripaiah (C.1) aged Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 2. Konda Polaiah, S/o Kohdaiah (C.2) aged Obulayapalli Village. Rapur Mandal, SPSR Nellore District. 3. Shaik Khasim Saheb, S/o Hattu Saheb (C.3 died) (His LRs about 45 years, R/o about 65 years, R/o are shown as Appellant Nos. 10 to 13) (Died per L.Rs 10 to 15 & 8) (Petitioners 12& 13) 11. 4. Sk. Chanbi, W/o Mabop Saheb (C.4) aged about Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 5. Sk Khadar Bi. W/o. Late Masoom Saheb (C.5 died) (Her LRs are shown as Appellant Nos. 14 & 15) (Died per LRs 10 to 15 & 8) (Petitioners & 15) 6. Sk. Ramthullah Saheb. S/o Vannur Saheb already on record as Appellant No.8) (Died (Petitioners) 70 years, R/o 14 (C.6 died) (His LRs is per Lrs 10 to 15 & 8) 7. Sk. Silar Saheb, S/o Vannur Saheb (C.7) aged about 70 years, R/o Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 8. Sk. Bheema Bi, W/o Ramthullah Saheb (C.8 & LR of C.6) aged about 60 years, R/o Obulayapalli "Village, Rapur Mandal, SPSR Nellore District. 9. Boddu Krishna Reddy, S/o Ramireddy (C.9) aged about 65 St.2, Raghava Cini Complex, Nellore Town, SPSR Nellore District. ...Appellants / Claimants lO.Shaik Himambee, W/o Khasim Saheb (L.R. of C.3) aged about 65 years, R/o 26-2-28922, Masid Street, Mahatmagandhi Nagar, Nagar, Nellore. H.Shaik Beebyan @ Ghousinhl; W/o Babu (L.R. of C.3) aged years, R/o Adurupalli Villagd; Chejarla Mandal, SPSR Nellore District. 12.Shaik Abidha, W/o Sahdahi (L'R. of C.3) aged about 40 2-28922, Masid Street, Mahatmagandhi Nagar, AK Nagar, Nellore. 13.Shaik Abdul Azeed, S/o Khasim Saheb (L.R. of C.3) /aged years, R/o 26-2-28922, Masid Street, Mahatmagandhi Nagar, Nagar, Nellore. years, R/o AK about 44 years, R/o 26- about 38 AK LRs of Claimant No.3. 14.Shaik Dariya Saheb, S/o Masoom Saheb (LR of C.5) aged years, R/o 1 Street, NTR Nagr Nellore Town, SPSR Nellore District. 15.Shaik Masthan Saheb, S/d Masoom Saheb (LR of C.5) aged about 62 about 58 years, R/o 1 Street, NTR Nagar Nellore Town, SPSR Nellore District. LRs of Claimant No.5 (Petitioner Nos. 10 to 15 & 8 as LRs of deceased Claimant Nos 3, 5 & 6 vide court order dt. 27.03.202S in I.A No. 3/2019 in L.A.A.S No.53 of 2019) .... Appellahts/Proposed LRs of Appellant Nos. 3 & 5. And The Special Deputy Collector (LA), Telugu Ganga Project Nellore, Mulapet, NeelagiriSPhgam, Nellore. Rapur at Respondent/L.A.O Counsel for the Appellants; Sri Chetiuru Sreenivas Counsel for the Respondent: GP for Appeals The Court made the fbllowingV THE HON’BLE SRI JUSTICE NINALA JAYASURYA AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No. 53 OF 2019 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.76 of 1991 on the file of the Court of Additional Senior Civil Judge, Gudur. On considering the evidence, both oral and documentary, the Reference Court has answered the reference by confirming the compensation paid for Pomegranate trees. 2. Dissatisfied with the compensation granted to the appellants for Pomegranate trees vide order in L.A.O.P.No.76 of 1991 on the file of the Court of Additional Senior Civil Judge, Gudur, dated 30.11.2001, the present L.A.A.S.No.53 of 2019 came to be filed seeking enhancement of the compensation of the trees. 2 3. Learned counsel this Court, the appearing for the appellants would submit that Pradesh at Hyderabad composite High Court of Andhra and the Hon'ble Apex Court have fixed the rate for pomegranate trees mango trees @ Rs.3,000/- per tree and @ Rs.3,000/- per tree and for, for coconut trees @ Rs.3,000/ (cheeni trees) @ Rs.4,000/ enhance the compensation for the orders in the present appeal. - per tree and for - per tree and hence aforesaid trees and to sweet orange trees urged this Court to pass the same 4- The appellants relied appeals vide L.A.A.S.No.35 L.A.A.S.No.61 of 2022 2019 dated 27.06.2019 and also the judgment of the ors. 1/s. the on the judgment of this Court i of 2019 and batch and batch dated 05.10.2023 in a batch of dated 27.09.2023, . L.A.A.S.No.31 of and ,L.A.A.S.No.2 of 2023 dated 04.09.2023, Hon'ble Apex Court in D.Eswara Naidu & Special Deputy Collector (L.A> in Civil Appeal No.11355 2018 dated 20.11.2018, the judgment of the in The Special Deputy Collector of composite High Court (Land Acquisition), Somasila Project, Peddireddy Madhava Unit-IV, Rajampet, Kadapa, Reddy and others. In the fixed Rs.3,000/- Kadapa District \/s. said judgment, the composite High Court has per each guava, jack-fruit and s pomegranate, drumstick and mango tree, acid lime tree. coconut tree, for the trees of sapota (sapodilla) and also meredu (black-plum), and so far as the 3 '"T-- 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 5. 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: “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 disposed of with the following directions: 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.” are (i) (ii) (iii) 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: 6. 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 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 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 & 7. 5 ors Vs. The Special Deputy Collector (LA.) (referred supra), in Civil Appeal No. 11355 of 2018 in respect of the very same project. 8. 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 facts of the case. 9. 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 entitled for the enhancement of compensation on the basis of the judgments relied on by the learned counsel for the appellants are not as they pre-bearing trees. Hence, urged this Court to dismiss the appeal filed under Section 54 of the Act, as the appellants are not entitled for are any enhancement of compensation. 10. In the judgment of the Hon’ble Apex Court in D.Eswara Naidu <S ors Vs. The Special Deputy Collector (LA.) (referred supra) Appeal No. 11355 of 2018, the Hon’ble Apex Court has fixed the rate for the pomegranate trees and other trees in Civil for the very same 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. Learned Government Pleader for Appeals has disputed about the number of trees. Thetefore, this Court is inclined to allow the appeal fair admission made by the learned counsel for 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 compensation for the total number of trees 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. 11. on as 12. As the claim is only with regard to the trees, the present appeal is allowed, enhancing the compensation for each Pomegranate tree @ Rs.3,000/-per tree. 7 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/- S.V.S.R. MURHTY^ JOINT REGIST^AR^ //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division); Gudur, SPSR Nellore District. 2. One CC to Sri Chetiuru Sreenivas, Advocate [OPUC] 3. Two CCs to GP for Appeals, High Court of Andhra Pradesh. [OUT] 4. The Section Officer, New Filing Section, High Court of Andhra Pradesh at Amaravati. 5. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravati. 6. Two CD Copies SAM RAM H':. HIGH COURT DATED:01/05/2025 JUDGMENT + DECREE LAAS.No.53 of 2019 O § U M im , ^ Current Secnon ALLOWING THE LAND ACQUISITION APPEAL SUIT WITHOUT COSTS