% APHC010663342015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA LAND ACQUISITION APPEAL SUIT NO: 336 OF 2015 Between: Pachineelam Uma Maheswari, W/o. Ch. Vijaya Kumar, Occ:Household, R/o. D.No. 2-18-9, Mahdavanagar, Kakinada. ...Appellant/Petitioner AND 1. Land Acquisition Officer Cum Special Grade Collector, APIIC, Kakinada, E.G.District. 2. The Zonal Manager, A.P.I.I.C., Kakinada, E.G.Oistrict. 3. M/s Essar Gujrath Limited, Sidhu Sree Vaishavi Arcade, 301, 3rd Floor 8-2-626/7 & 8, Road No. 1 (Opposite Care Hospital) Banjara Hills, Hyderabad-500 034. ...Respondents/ Respondents Appeal under Section 54 of the land Acquisition Act, against the Judgment and Decree in LAOP.No. 111 of 2006 on the file of Principal Senior Civil Judge, Kakinada dated 4-2-2008. c 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 Sri D Krishna Murthy, Advocate for the Appellant and Sri Bala Mohan, GP for Appeals, Advocate for Respondent No.1 and Sri Munnangi Thanmai Krishna representing Sri Gurram Ramachandra Rao for APIIC, Counsel for the Respondent No.2 and none appeared for Respondent No.3. This Court doth Order and decree as follows: 1. The appeal be and is hereby allowed in part; That the appellant be and is hereby entitled for compensation at the rate of Rs. 1,69,400/- per acre; That the appellant be and is hereby entitled for the statutory benefits on the enhanced compensation from the date of notification issued under Section 4(1) of the Land Acquisition Act. That there be no order as to costs in this appeal. 2. 3. 4. Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Civil Judge(Senior Division), Kakinada, East Godavari District. Two CD Copies 2. Stu sree HIGH COURT DATED:11/09/2025 DECREE LAASNO. 336 OF 2015 ALLOWING THE APPEAL IN PART WITHOUT COSTS >- X APHC010663342015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA LAND ACQUISITION APPEAL SUIT NO: 336 OF 2015 Appeal under Section 54 of the land Acquisition Act, against the Judgment and Decree in LAOP.No. 111 of 2006 on the file of Principal Senior Civil Judge, Kakinada dated 4-2-2008. Between: Pachineelam Uma Maheswari, W/o. Ch. Vijaya Kumar, Aged about 35 years, Occ:Household, R/o. D.No. 2-18-9, Mahdavanagar, Kakinada. ...Appellant/Petitioner AND 1. Land Acquisition Officer Cum Special Grade Collector, Kakinada, E.G.District. 2. The Zonal Manager, A.P.I.I.C., Kakinada, E.G.District. 3. M/s Essar Gujrath Limited, Sidhu Sree Vaishavi Arcade, 301, 3rd Floor 8-2-626/7 & 8, Road No. 1 (Opposite Care Hospital) Banjara Hills, Hyderabad-500 034. APIIC, ...Respondents/ Respondents r Counsel for the Appellant: Sri D Krishna Murthy Counsel for the Respondent No.1 : Sri Bala Mohan, GP for Appeals Counsel for the Respondent No.2 : Sri Munnangi Thanmai Krishna representing Sri Gurram Ramachandra Rao for APIIC Counsel for the Respondent No.3 : none appeared The Court made the following order: :/ I I APHC010663342015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3549] ■li-S THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA LAND ACQUISITION APPEAL SUIT NO: 336/2015 Between: 1.PACHINEELAM UMA MAHESWARI, OCC:HOUSEHOLD, KAKINADA. W/0. CH. VIJAYA KUMAR, R/0. D.NO. 2-18-9, MAHDAVANAGAR, ...APPELLANT AND 1.LAND ACQUISITION OFFICER CUM SPECIAL GRADE COLLECTOR, APIIC, KAKINADA, E.G.DISTRICT. 2.THE ZONAL MANAGER, A.P.I.I.C., KAKINADA, E G.DISTRICT. 3.M/S ESSAR GUJRATH LIMITED, SIDHU SREE VAISHAVI ARCADE, 301, 3RD FLOOR 8-2-626/7 & 8, ROAD NO. 1 (OPPOSITE CARE HOSPITAL) BANJARA HILLS, HYDERABAD-500 034. ...RESPONDENT(S): Counsel for the Appellant: 1.D KRISHNA MURTHY Counsel for the Respondent(S): 1.KAILASH NATH P S S 2.P ROY REDDY 2 The Court made the following Judgment: (Pei Hon'ble Sn Justice Nmaia Jayasuiya) The present appeal has been preferred against the Judgment and Decree dated 04.02.2008 passed in L.A.O.P.No.111 of 2006 on the file of Principal Senior Civil Judge, Kakinada. 2. Heard Sri D.Krishna Murthy, learned counsel for the appellant. Also heard Sri S.Bala Mohan, learned Government Pleader for Appeals. Smt. Munnangi Thanmai Krishna, learned counsel represented Sri Gurram Ramachandra Rao, learned counsel for APIIC. None appeared on behalf of respondent No.3. The appellant filed the said O.P. seeking enhancement of compensation in respect of an extent of Ac. 1.00 cents which was acquired pursuant to a notification dated 30.06.1990 under Section 4(1) of the Land Acquisition Act. The land was acquired for establishment of pellestisation and sponge iron plants by M/s. Essar Gujarat Limited, Hyderabad. The Land Acquisition Officer passed different awards i.e., Award Nos.1, 2, 3, 4 and 5 of 1991 and the subject land forms part of Award No.5 of 1991, dated 30.04.1991. The Land Acquisition Officer, after conducting enquiry fixed the market value of the lands in question at the rate of Rs.65,000/- per acre. Dissatisfied with the said fixation, the appellant/claimant sought reference under Section 18 of the Act seeking enhancement of compensation. 3. The learned Reference Court, after considering the oral and documentary evidence, enhanced the compensation from Rs.65,000/- to Rs.91,350/- per acre. The Reference Court also granted the statutory benefits. Claiming that the appellant is entitled for more compensation i.e., at the rate of Rs.1,70,000/- per acre, the present appeal has been preferred. 4. Learned counsel for the appellant while referring to the material on record made submissions inter alia that in respect of the very same acquisition" aggrieved by the determination of compensation by the Land Acquisition Officer and the enhancement made by the learned Reference 5. Court, some of the land losers/claimants filed A.S.No.616, 672, 607, 612, 474 and 613 of 2000, whereas the 3^"^ respondent i.e.. M/s. Essar Gujarat Limited, Hyderabad filed cross-objections. A Division Bench of the erstwhile High Court of Andhra Pradesh, after considering the matters at length determined the compensation amount at Rs.3,38,000/- per acre and after deducting the development charges at the rate of 50%, fixed the compensation at the rate of Rs. 1,69,400/- per acre. He also submits that against the said order, the State preferred Special Leave to Appeal (Civil) C.C.Nos.4196-4201/2003 and the same were dismissed on 06.05.2003. Learned counsel for the appellant further submits that the said batch of appeals pertains to acquisition of land which was subject matter of Award Nos.1 and 2 of 1991 and that in view of the decision of the Division Bench which was confirmed by the Hon’ble Supreme Court, the appellant is also entitled compensation at the rate of Rs. 1,69,400/- per acre. The submissions made by the learned counsel for the appellant are not contradicted by the learned counsel appearing on behalf of the respondents. 6. 7. 8. Having considered the submissions made by the learned counsel for the appellant and perusing the orders dated 13.08.2002 and 06.05.2003 referred to supra, this Court is of the view that the matter is covered by the decision of the Division Bench and for the reasons alike, the appeal deserves to be allowed. 9. Accordingly, the appeal is partly allowed. The appellant is entitled for compensation at the rate of Rs. 1,69,400/- per acre. Needless to observe that he shall also be entitled for the statutory benefits on the enhanced compensation from the date of notification issued under Section 4(1) of the Land Acquisition Act. There shall be no order as to costs. 4 10. As a sequel, Interlocutory Applications pending, if any, in these cases, shall stand closed. Sd/- E. KAMESWARA RAO JOINT REGISTRAR SECTION^FICER 1. The Principal Civil Judge(Senior Division), Kakinada, East Godavari District (with records If any) 2. One CC to Sri. D Krishna Murthy, Advocate [OPUC] 3. Two CCs to the GP for Appeals, High Court Amaravathi [OUT] 4. One CC to Sri. Gurram Ramachandra Rao, Advocate [OPUC] 5. The Section Officer, VR Section Amaravathi 6. Two CD Copies //TRUE COPY// To, of Andhra Pradesh at High Court of Andhra Pradesh at Stu sree high court DATED:11/09/2025 \ JUDGMENT + DECREE LAAS no. 336 OF 2015 ( 2 7 OCT 2025 v'^v^urreni ijection/^ > c^-> allowing the appeal in part WITHOUT COSTS