IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. 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: 9 OF 2025 Between: 1. Amara Rajeswaramma, W/o. Venkata Subbaiah (C5) Hindu, aged about 78 years, R/o. B.V.nagar, Nellore Mandal, SPSR Nellore District. 2. Nandyala Subramanyam, S/o. Penchala Reddy (06 died) ( his LR is shown as appellant No. 23) 3. Undela Papi Reddy, S/o. Rami Reddy (07) Hindu, aged about 55 R/o. Dachur Village. Kaluvay Mandal, SPSR Nellore District. 4. Chiruvella Subba Reddy, S/o. Chenga Reddy (08 died) ( his LR s shown as appellant No. 24 and 25) 5. Katta Ohinna Narasaiah, S/o. Papa Naidu (010 died) (his LR s shown as appellant No. 26) 6. Katta Eswaraiah, S/o. Papa Naidu (C11 died) ( his LR s shown as appellant No. 27) 7. Katta Ohina Penchalaiah, S/o Papa Naidu (012 died)( his LR s shown as appellant No. 28) 8. Katta Pedda Narasaiah, S/o. Papa Naidu (013 died) ( his LR s shown as appellant No. 29) years. 9. Yanamala Chandra Reddy, , S/o. Chinna Reddy (C16) Hindu, aged about 70 years,. RXo. Dachur Village, Kaluvay Mandal, SPSR Nellore District. 10. oYananoala ^ampathamma, W/o. Chandra Reddy (Cl7) Hindu, aged about' 65 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. 11. Kasturi Ramanaiah, S/o. Ragaiah (CIS) Hindu, aged about 68 years, R/o. Palem Village, Kaluvay Mandal, SPSR Nellore District Yanamala Bhagyamma, W/o. Sankara Reddy (C20) Hindu, aged about 45 years, R/o. Ramalingapuram Village, Gudur Mandal, SPSR Nellore District. 12. 13. Katta Venkata Subbaiah, S/o. Venkataiah (C21 died) ( his LR is on record as appellant No. 14 ) Katta Ramanaiah, S/o. Venkata Subbaiah (C22) Hindu, aged 65 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District. Kasturi Padmaiah, S/o. Ramanaiah (C23) Hindu, aged 37 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District. Katta Viswanatham, S/o. China Venkata Subbaiah (C24) Hindu, aged 52 years, R/o. Vamitiparti Village, Podalakur Mandal, SPSR Nellore District. 14. 15. 16. 17. Gollapolu Penchalaiah, S/o. Penchalaiah (C26 died) ( LR is on record as appellant No. 18) Gollapolu Narasimham, , S/o. Penchalaiah (C27) Hindu, aged about 68 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. K. Venkatramaiah, , S/o. Narayana Chetty (died) (C28) ( his LR is on record as appellant No.22 ) Achala Varada Reddy, , S/o. Chenchu Rami Reddy (C30) Hindu, aged about 54 years, R/o. KN Palli, Chejarla Mandal, SPSR Nellore District. 18. 19. 20. 21. Narla Chinnapa Reddy, S/o. Konda Reddy (C33) Hindu, aged about 60 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. K. Chenchu Rathnamma, W/o. Venkatramaiah, (C.37) Hindu, aged about 75 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. 22. ...Appellants/ Claimants 5 to 8, 10 to 13, 16 to 18, 20 to 24, 26 to 28, 30 and 33 N. Lakshmidevamma W/o Subramanyam(LR of C.6) Hindu, aged about 74 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. Ch. Sampurnamma W/o Jayaramireddy (LR of C.8) aged about 48 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District Chiruvella Vijaykumar W/o Jayaramireddy (LR of C.8) aged about 30 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District Katta Naraiah S/o Chinna Narasaiah, (LR of C.10) aged about 55 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District Katta Sayamma W/o Eswaraiah (LR of C.11) aged about 70 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District Katta Seshamma W/o China Penchalaiah (LR of C.12) aged about 75 years, R/o. Kammapalem Village. Kaluvay Mandal, SPSR Nellore District Katta Venkateswarlu S/o Pedanarasaiah (LR of C.13) aged about 52 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District ...Appellants 23 to 29/ Proposed LRs of Claimants 6, 8, 10,11,12 and 13 AND 23. 24. 25. 26. 27. 28. 29. 1. The Special Deputy Collector, (L.A.) Telugu Ganga Project, Rapur at Nellore, ...Respondent / Referring Officer 2. Rajula Rami Reddy, S/o. Nallapu Reddy (Cl)2 3. Amara Ramaiah, S/o. Subbaiah (C2)3 4. Amara Venkatramanaiah, S/o Subbaramaiah, (C3) 5. Shaik Khaja Hussain, S/o. Ramthu Saheb (C4) 6. Rajula Penchala Reddy, S/o. Narasa Reddy (C9)6 7. Yanamala Venkatramanaiah, S/o. Krishna Reddy (C14)7 8. Yanamala Thambi Reddy, S/o. Chinna Reddy (C15) 9. V. Sreenivasulureddy, S/o. Venkatakrishnareddy (C19) Kasturi Tirupalaiah, S/o. Ankaiah (C25) Konda Sreenivasulu, S/o. Ramanaiah (C29) Narla Narapa Reddy, S/o. Konda Reddy (C31) R. M.Varaprasadareddy, S/o. Malakondareddy (C32) A. Chinna Subbaramaiah, S/o. Venkatramaiah (C34) Atchala Sreenivasulu, S/o. Sekhar Reddy (C35) Shaik Khader, W/o. Khader Saheb, (C36) (2 to 16 are not necessary parties) 10. 11. 12. 13. 14. 15. 16. ...Respondents/ Claimant Nos. 1 to 4, 9, 14, 15, 19, 25, 29, 31, 32, 34, 35 and 36. Appeal filed under section 54 of Land Acquisition Act, aggrieved by the Order and Decree of the Additional Senior Civil Judge, Gudur, dated 06.07.2002 (as amended in lA No. 12/2006 on 25.08.2011) passed in LAOP No.86/1992 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 Appeals, for the Respondents. THIS COURT DOTH ORDER AND DECREE AS FOLLOWS: 1. That the Appeal be and hereby is Allowed; That the compensation for Lime trees be and hereby is enhanced to Rs.3000/- per tree That the appellant shall pay the Court fee on the enhanced 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. 2. 3. 4. 5. Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SE N OFFICER To, 1. The Additional Civil Judge [Senior Division], Guduru, SPSR Nellore District 2. Three CD Copies MV RAM HIGH COURT DATED; 01/05/2025 DECREE LAAS.No.9 of 2025 ^ 0 9 JUL 2rA ^1’ « JSf»A Sectioftxl^ ALLOWING THE LAAS WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI o\ ■■ THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE P// PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No: 9 OF 2025 Appeal filed under section 54 of Land Acquisition Act, aggrieved by the Order and Decree of the Additional Senior Civil Judge, Gudur, dated 06.07.2002 (as amended in lA No. 12/2006 on 25.08.2011) passed in LAOP No.86/1992 Between: 1. Amara Rajeswaramma, W/o. Venkata Subbaiah (05) Hindu, aged about 78 years, R/o. B.V.nagar, Nellore Mandal, SPSR Nellore District. 2. Nandyala Subramanyam, S/o. Penchala Reddy (06 died) ( his LR is shown as appellant No. 23) 3. Undela Papi Reddy, S/o. Rami Reddy (07) Hindu, aged about 55 R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. 4. Chiruvella Subba Reddy, S/o. Chenga Reddy (08 died) ( his LR s shown as appellant No. 24 and 25) 5. Katta Chinna Narasaiah, S/o. Papa Naidu (CIO died) (his LR s shown as appellant No. 26) 6. Katta Eswaraiah, S/o. Papa Naidu (Oil died) ( his LR s shown as appellant No. 27) 7. Katta China Penchalaiah, S/o Papa Naidu (012 died)( his LR s shown as appellant No. 28) years. 8. Katta Pedda Narasaiah, S/o. Papa Naidu (C13 died) ( his LR s shown as appi^ant No. 29) f 9- Yahpmala Chandra Reddy, , S/o. Chinna Reddy (C16) Hindu, aged about 70 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. Yanamala Sampathamma, W/o. Chandra Reddy (C17) Hindu, aged about 65 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. Kasturi Ramanaiah, S/o. Ragaiah (C18) Hindu, aged about 68 years, R/o. Palem Village, Kaluvay Mandal, SPSR Nellore District Yanamala Bhagyamma, W/o. Sankara Reddy (C20) Hindu, aged about 45 years, R/o. Ramalingapuram Village, Gudur Mandal, SPSR Nellore District. Katta Venkata Subbaiah, S/o. Venkataiah (C21 died) ( his LR is on record as appellant No. 14 ) Katta Ramanaiah, S/o. Venkata Subbaiah (C22) Hindu, aged 65 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District. Kasturi Padmaiah, S/o. Ramanaiah (C23) Hindu, aged 37 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District. Katta Viswanatham, S/o. China Venkata Subbaiah (C24) Hindu, aged 52 years, R/o. Vamitiparti Village, Podalakur Mandal, SPSR Nellore District. 10. 11. 12. 13. 14. 15. 16. 17. Gollapolu Penchalaiah, S/o. Penchalaiah (C26 died) ( LR is on record as appellant No. 18) Gollapolu Narasimham, S/o. Penchalaiah (C27) Hindu, aged about 68 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. K. Venkatramaiah, S/o. Narayana Chetty (died) (C28) ( his LR is on record as appellant No.22 ) 18. 19. Achala Varada Reddy, S/o. Chenchu Rami Reddy {C30) Hindu, aged about 54 years, R/o. KN Palli, Chejarla Mandal, SPSR Nellore District. 21. Narla Chinnapa Reddy, S/o. Konda Reddy (C33) Hindu, aged about 60 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. K. Chenchu Rathnamma, W/o. Venkatramaiah, (C.37) Hindu, aged about 75 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. 22. ...Appellants/ Claimants 5 to 8,10 to 13,16 to 18, 20 to 24, 26 to 28, 30 and 33 23. N. Lakshmidevamma W/o Subramanyam(LR of C.6) Hindu, aged about 74 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District. Ch. Sampurnamma W/o Jayaramireddy (LR of C.8) aged about 48 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District Chiruvella Vijaykumar W/o Jayaramireddy (LR of C.8) aged about 30 years, R/o. Dachur Village, Kaluvay Mandal, SPSR Nellore District Katta Naraiah S/o Chinna Narasaiah, (LR of C.10) aged about 55 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District Katta Sayamma W/o Eswaraiah (LR of C.11) aged about 70 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District Katta Seshamma W/o China Penchalaiah (LR of C.12) aged about 75 years, R/o. Kammapalem Village. Kaluvay Mandal, SPSR Nellore District Katta Venkateswarlu S/o Pedanarasaiah (LR of C.13) aged about 52 years, R/o. Kammapalem Village, Kaluvay Mandal, SPSR Nellore District 24. 25. 26. 27. 28. 29. ...Appellants 23 to 29/ Proposed LRs of Claimants 6, 8,10,11,12 and 13 AND 1. The Special Deputy Collector, (L.A.) Telugu Ganga Project, Rapur at Nellore, ...Respondent / Referring Officer <lr 2. Rajula Rami Reddy, S/o. Nallapu Reddy (Cl)2 3. Amara Ramaiah, S/o. Subbaiah (C2)3 4. Amara Venkatramanaiah, S/o Subbaramaiah, (C3) 5. Shaik Khaja Hussain, S/o. Ramthu Saheb (C4) 6. Rajula Penchala Reddy, S/o. Narasa Reddy (C9)6 7. Yanamala Venkatramanaiah, S/o. Krishna Reddy (C14)7 8. Yanamala Thambi Reddy, S/o. Chinna Reddy (C15) 9. V. Sreenivasulureddy, S/o. Venkatakrishnareddy (C19) Kasturi Tirupalaiah, S/o. Ankaiah (C25) Konda Sreenivasulu, S/o. Ramanaiah (C29) Narla Narapa Reddy, S/o. Konda Reddy (C31) R. M.Varaprasadareddy, S/o. Malakondareddy (C32) 10. 11. 12. 13. 14. A. Chinna Subbaramaiah, S/o. Venkatramaiah (C34) 15. Atchala Sreenivasulu, S/o. Sekhar Reddy (C35) 16. Shaik Khader, W/o. Khader Saheb, (C36) (2 to 16 are not necessary parties) ...Respondents/ Claimant Nos. 1 to 4, 9, 14,15, 19, 25, 29, 31, 32, 34, 35 and 36. Counsel for the Appellants : SRI CHETLURU SREENIVAS Counsel for the Respondents: 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. 9 OF 2025 JUDGMENT: {PerHon’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.86 of 1992 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 enhancing the compensation for trees. Dissatisfied with the compensation granted to the appellant, for 2. the Lime trees vide order in L.A.O.P.No.86 of 1992 on the file of the Court of Additional Senior Civil Judge, Gudur, dated 06.07.2002, the present L.A.A.S.No.9 of 2025 came to be'filed seeking enhancement of the compensation of the trees. 2 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 pass the same 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 in L.A.A.S.No.2 of 2023 dated 04.09.2023 as 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 \/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, 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 r 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.Af 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 We find from Civil rate of Rs.2000/- per Pomegranate Tree. Nos.11404-11405 of 2016 that this Court has fixed Appeal 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 reasonable and proper to fix the compensation at the rate of just ' 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 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. 3 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. 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 9. 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. In the judgment of the Hon’ble Apex Court in D.Eswara Naidu & ors Vs. The Special Deputy Collector (LA.) (referred supra) in Civil 10. 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 @ 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, increasing the compensation for trees. In respect of Lime trees in LAAS No.417 of 2008, the compensation was fixed @ Rs.3,000/- 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 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 appellant is 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 appellant claimed in the Reference Court. as 7 12. As the claim is only with regard to the trees, the present appeal is allowed, enhancing the compensation for Lime trees @ Rs.3,000/- per tree. 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// SEC N OFFICER To, 1. The Additional Civil Judge [Senior Division] District [with records if any] 2. One CC to Sri Chetiuru Sreenivas, Advocate [OPUC] 4 T^P Court of Andhra Pradesh. [OUT] ' Amafavar ^ Andhra Pradesh at Amaravati 6. Three CD Copies Guduru, SPSR Nellore MV RAM HIGH COURT DATED: 01/05/2025 ^0 9 JUL 2025 Sectjot^^ '»5£2£4ISS^^ SS JUDGMENT + DECREE Co LAAS.No.9 of 2025 ALLOWING THE LAAS WITHOUT COSTS