IN THE HIGH COURT OF ANDHRA PRADESH 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 LAND ACQUISITION APPEAL SUIT NO: 140 qf 2019 AT AMARAVATI RAO Between: 1. Thummala Konda Reddy, Reddy (C.1 died) (LR of this as appellant No.5) 2. Thummala Krishna Reddy, S/o, Penchala Reddy, (C.2) aged about 55 years, R/o. Podalakur Village & Mandal, SPSR Nellore District. 3. Thummala Anki Reddy, S/o Penchala Reddy, (C.3). aged about 68 years, R/o Madapalli Village, Chejarla Mandal, Nellore District. 4. Thummala Jayarami Reddy, S/o Konda Reddy (C.4) years, R/o Dachur Village, Kaluvay Mandal, Nellore District. claimant shown aged about 75 ...Appellants/Claimants 5. Thummala Chandrasekhar Reddy. (LR of C. 1) S/o Konda Reddy , Aged 52 years, R/o Dachur Village, Kaluvay Mandal, Nellore District. ...Proposed LR of Claimant No.1 AND The Special Deputy Collector, (Land Acquisition) Telugu Ganga Project Nellore. ...Respondent/Referring Officer Appeal under Section 54 of Land Acquisition Act and decree made in L.A.O.P.No.21 of 1994 Judge, Gudur, SPSR Nellore dt.23-10-2003. against the order on the file of the Senior Civil Jf' This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Lower Court, and material the petition and upon hearing the arguments of Sri Chetiuru Sreenivas the Appellants, 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 compensation for Mango trees be and is hereby enhanced to Rs.3,000/- per tree; 3. That the appellant shall pay the Court fee on the enhanced compensation amount; 4. That the appellants be and are hereby entitled to Compensation the total number of trees as identified by the Land Acquisition Officer in the Award and not on the total number of trees on the appellants claimed in the Reference Court. 5. That the appellant is not entitled to interest during the period of delay L.A.O.P by the papers in for on in preferring the appeal after disposal of the Reference Court; 6. That there be no order as to costs in this appeal. Sd/- S.V.S.R. MURHTY JOINT REGI^AR //TRUE COPY// SE N OFFICER To, 1. The Civil Judge (Senior Division); Gudur SPSR 2. Two CD Copies Nellore District. SAM RAM HIGH COURT DATED:01/05/2025 DECREE LAAS.No.140 of 2019 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'^ I 4: 5® iii AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO- 14n OF onio Appeal under Section 54 of Land Acquisition Act aggrieved by the order and decree made in L.A.O.P No.21 of 1994 on the file of the Senior Civil Judge, Gudur, SPSR Nellore dt.23-10-2003. Between; 1. Thummala Konda Reddy, (C.1 died) (LR of this claimant appellant No.5) 2. Thummala Krishna Reddy, S/o, Penchala Reddy, (C.2) aged years, R/o. Podalakur Village & Mandal, SPSR Nellore District. 3. Thummala Anki Reddy, S/o Penchala Reddy, (C.3) years, R/o Madapalli Village, Chejarla Mandal, Nellore District. 4. Thummala Jayarami Reddy, S/o Konda Reddy (C.4) aged years, R/o Dachur Village, Kaluvay Mandal, Nellore District. shown as about 55 aged about 68 about 75 ■..Appellants/Claimants 5. Thummala Chandrasekhar Reddy, (LR of C. 1) S/o Konda Aged 52 years, R/o Dachur Village, Kaluvay Mandal, Nellore District. ...Proposed LR of Claimant No.1 Reddy , AND The Special Deputy Collector, (Land Acquisition) Telugu Ganga Project, Nellore. ■..Respondent/Referring Officer Counsel for the Appellants: Sri Chetiuru Sreenivas Counsel for the Respondent: 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. 140 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.21 of 1994 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 trees. 2. Dissatisfied with the compensation granted to the appellants for Mango trees vide order in L.A.O.P.No.21 of 1994 on the file of the Court of Senior Civil Judge, Gudur, dated 23.10.2003, the present L.A.A.S.No.140 of 2019 came to be filed seeking enhancement of the compensation of the trees. T\., 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.3,00p/- 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 orders in the present appeal. same 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. \/s. the Special Deputy Collector (L.A.) 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 4. / 3 tamarind and soap-nut are concerned, the Court has fixed Rs.6,000/- and Rs.5,000/- respectively for each tree. 5. 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 CoHectorjO.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 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.” In the judgment rendered in LAAS No.417 of 2008 (i) rate (ii) (iii) 6. a Division 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 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 \/s. 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 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 @ Rs.3,000/- and held that the appellants are entitled to for pomegranate tree along with all statutory benefits observed that every appellant is not entitled to statutory interest for the period of delay in approaching the High Court. The Court did as against Rs.2,000/- X I compensation @ Rs.3,000/- V and also further 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. In respect of Mango trees in LAAS No.417 of 2008, the compensation Rs.3,000/- per tree. was fixed @ 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 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. as —Jk. «SS-=I I' 7 only with regard to the trees, the present appeal is allowed, enhancing the compensation for Mango trees @ Rs.3,000/- per tree. 12. As the claim is the Court fee on the enhanced not entitled to interest during 13. The appellants shall pay compensation amount. The appellants are 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. sequel, interlocutory applications pending, if any, in this case As a shall stand closed. Sd/- S.V.S.R. MURHTY JOINT REGISTRAR \ //TRUE COPY// N OFFICER S To. The Civil Judge (Senior Division): Gudur, SPSR Nellore District. One CC to Sri Chetluru Sreenivas, Advocate [OPUC] Two CCs to GP for Appeals, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. 2. 3. 4. SAM f -\ HIGH COURT % \ x DATED:01/05/2025 JUDGMENT + DECREE LAAS.No.140 of 2019 ALLOWING THE LAND ACQUISITION APPEAL SUIT WITHOUT COSTS €