IN THE HIGH COURT OF ANDHRA PRADESH :: AMA^ THURSDAY, THE FIRST DAY OF MAY fm TWO THOUSAND AND TWENTY FIVE % PRESENT ^ THE HONOURABLE SRI JUSTICE NINALA JAYASURYA V i M ■% ’Si AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 99 OF 2019 Between; 1. Narra Garataiah, S/o China Chenchuramaiah (C.1) aged about 70 years, agricuitiirist, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Neilore District. 2. Narra Chenchu Narasaiah, S/o China Chenchuramaiah about 72 years, agriculturist, R/o Venkateswara Village and Manda!, SPSR Neilore District. 3. Narra Chenchu Jayaramaiah (C.3), S/o China Chenchuramaiah, about 68 years,'agriculturist, R/o Venkateswara Village and Mandal, SPSR Neilore District (C.2) aged Nagar, Podalakur aged Nagar, Podalakur ...Appellants/Claimants AND The Special Deputy Collector(LA), Telugu Ganga Project, Podalakur at Neilore, ...Respondent/L.A.O aggrieved by the Judge, Gudur, dt.30-06-2000 Appeal under Section 54 of Land Acquisition Act, judgment and decree of the Senior Civil Passed in LAOP No. 25 of 1993. 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 w the petition and upon hearing arguments of Sri Chetiuru Sreenivas Advocate for the Appellants and GP for Appeals for Respondent. This Court doth Order and decree as follows: 1. That the appeal be and is hereby allowed as the claim is only with regard to the trees; 2. That the appellants be and are hereby entitled to compensationfor the total number of trees as identified by the Land Acquisition Officer in 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 @ Rs.3,000/- per tree; 4. That the appellants be and are hereby directed to pay the Court fee on the enhanced compensation amount; 5. That 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 and 6. That there be no order as to costs in this appeal. Sd/- S.V.S.R. MURHTY JOINT REGISTRAR //TRUE COPY// SECnON OFFICER To, 1. The Civil Judge(Senior Division), Gudur, SPSR Nellore District 2. Two CD copies RAM HIGH COURT DATED:01/05/2025 DECREE LAAS.No.99 of 2019 I injut?!® s ^ . c««"> Secuon ^ ALLOWING THE L.A.A.S WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR I THURSDAY, THE FIRST DAY OF TWO THOUSAND AND TWENTY FIV O fi I! o .'7 A THE HONOURABLE SRI JUSTICE NINALA JAYASURYA PRESENT AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LfimAOmmOM appeal suit MO: 99 OF ?niQ Appeal under Section 54 of Land judgment and decree of the Senior Passed in LAOP No. 25 of 1993. Acquisition Act, against by the Civil Judge, Gudur, dt.30-06-2000 Between: 1. Narra Garataiah, S/o China years, agriculturist, R/o Venkateswara Nagar, Podalakur Mandal, SPSR Nellore District. 2. Narra Chenchu Narasaiah, S/o China Chenchuramaiah (C.2) aged about 72 years, agriculturist, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. Chenchuramaiah (C.1) aged about 70 Village and 3. Narra Chenchu Jayaramalah (C.3), S/o China Chenchuramaiah about 68 aged years, agriculturist, R/o Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District ...Appellants/Claimants AND ^ The Special Deputy Coliector(LA), Telugu Ganga Project NeHQre," , , Podalakur at > ) t. ...Respondent/L.A.O "i Counsel for the Appellant: Sri Chetiuru Sreenivas Counsel for the Respondent: - GP for Appeals The Court made the following: r THE HON’BLE SRI JUSTICE NINALA JAYASURYA AND . THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No. 99 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 Kandaleru Reservoir. Aggrieved by the fixation of low and small for the trees, the appellants-claimants have received the of amount 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.25 of 1993 on the file of the Court of Principal Senior Civil Judge, Gudur. On considering the evidence, both oral and documentary, the Reference Court has answered the reference by rejecting the enhancement of compensation for trees. 2. Dissatisfied with the compensation granted to the appellants for Pomegranate trees vide order in L.A.O.P.No.25 of 1993 the Court of Principal Senior Civil Judge, Nellore, dated 30.06.2000 present L.A.A.S.No.99 of 2019 came to be filed seeking enhancement of the compensation of the trees. on the file of the 2 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 orders in the present appeal. 3. 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 Madhhva 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 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 in the year 1994. Having regard to the entire facts and 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: 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.” (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 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 ors Vs. The Special Deputy Collector (LA.) (referred supra), in Civil Appeal No. 11355 of 2018 in respect of the very same project. 2 V 8. Learned Government Pleader for Appeals has relied on the judgment of the Hon’ble Apex Court in kshok Kumar and another \/s. 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 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 are 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 any enhancement of compensation. 10. In the judgment of the Hon’ble Apex Court in D.Eswara Naidu & ors 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 6 Somasila/Telugu Ganga Project @ and held that the appellants for pomegranate tree along with observed that every appellant i period of delay in approaching the High Court a distinction between fruit-bearing this Court is inclined to extend-the benefit increasing of compensation for Pomegranate trees. Rs.3,000/- as against Rs.2,000/- are entitled to compensation @ Rs.3,000/- all statutory benefits and also further IS not entitled to statutory interest for the • The Court did not make and pre-bearing trees. Therefore. of orders mentioned above for 11. Learned Government Pleader for Appeals has number of trees. Therefore, this Court i fair admission made by the learned compensation may be enhanced identified by the Land Acquisition Officer i disputed about the is inclined to allow the appeal counsel for the appellants that the on per the number of trees as as in the award, as the appellants are not insisted for grant'of compensation for the number of trees which in the appeal. Therefore, it is made clear is pleaded by the appellants that the appellants are entitled to compensation for the total trees as identified by the Land Acquisition number of Officer in the award and not on the total number of trees Court. as the appellants claimed in the Reference 7 12. As the claim is only with regard to the trees, the present appeal i: allowed, enhancing the compensation for Pomegranate trees Rs.3,000/- per tree. IS 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 REGISTRAR //TRUE COPY// SE N OFFICER To, 1. The Civil Judge(Senior Division), Gudur records 1f any) 2. One CC to Sri Chetiuru Sreenivas, Advocate [OPUC] 3. The Section Officer, VR Section Amaravathi 4. The Section Officer, New Filing Section{Civil Andhra Pradesh at Amaravathi 5. Two CD Copies SPSR Nellore District (with ■s High Court of Andhra Pradesh at wing), High Court of stu • HIGH COURT •i' DATED:01/05/2025 JUDGMENT + DECREE LAAS.No.99 of 2019 5 11 JUt 2025 I ^ . Current Section ALLOWING THE L.A.A.S WITHOUT COSTS