IN THE HIGH COURT OF ANDHRA PRADESH AT AM 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: 288 OF 2017 Between: 1. Vonkivolu Venkata Reddy, S/o. Narapa Reddy, ( C.1) aged 50 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 2. Vonkivolu Jayarami Reddy, S/o. Narapa Reddy, ( C.2) aged 51 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 3. Pilli Rangamma, W/o. Adi Reddy, ( C.3) aged 55 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 4. Pilli Ramadevi, W/o. Rama Raghava Reddy, ( C.4) aged 47 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 5. Vonkivolu Mangamma, W/o. Narapa Reddy, ( C.5) aged 75 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 6. Vonkivolu Subbarami Reddy, (C.6 died ) 7. Vonkivolu Sundararami Reddy, S/o. Muni Reddy, ( C.7) aged 75 years, R/o Thanamcharla Village, Rapur Mandal, S.P.S.R. Nellore District. 8. Vonkivolu Leelavathamma, W/o. Sundararami Reddy, ( C.8) aged 65 R/o Thanamcharla Village, Rapur Mandal, S.P.S.R. Nellore District. 9. Vonkivolu Narasimha Reddy ( C.9 died) Desu Ramasubba Reddy, S/o. Rami Reddy, ( C.10) aged 75 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. Vonkivolu Ranga Reddy ( C.11 died) yrs. 10. 11. Mopuru Rajeswaramma, Died per LRs 27, W/o. Pulla Reddy, ( C.12) aged 48 years, R/o Kottha Kambalapalli Village, Podalakur Mandal, ,S,P.S.R. hJellore District. Sandrapalli China Eswaraiah, Died per LRs 28 to 30, S/o. Subbaiah, (C.13) aged 55 years, R/ o Kottha Kambalapalli Village, Podalakur Mandal, S.P.S.R. Nellore District. Sandrapalli Jayaramaiah, S/o. Subbaiah, (C.14) aged 53 years, R/o Kottha Kambalapalli Village, Podalakur Mandal, S.P.S.R. Nellore District. Sandrapalli Subrahmanyam, Died per LRs 27 to 34, S/o. Subbaiah, (C.15) aged 51 years, R/o Kottha Kambalapalli Village, Podalakur Mandal, S.P.S.R. Nellore District. Sandrapalli Papaiah, S/o. Subbaiah, (C.16) aged 49 years, R/o Kottha Kambalapalli Village, Podalakur Mandal, S.P.S.R. Nellore District. Sanniboina Tirupathaiah, S/o. Venkata Narasaiah, (C.17) aged 55 years, R/o Kottha Kambalapalli Village, Podalakur Mandal, S.P.S.R. Nellore District. 12. 13. 14. 15. 16. 17. ...Appellants/ claimants Vankivolu Pullamma, W/o Late Subba Rami Reddy, aged 65 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. Vankivolu Sudhakar Reddy, S/o. Late Subba Rami Reddy, aged 38 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. Eluru Swarna, W/o Narayana Reddy, aged about 33 years. R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. ...Proposed LRs of Appellant No.6 Vankivolu Sugunamma, W/o. Ranga Reddy, aged 65 years, R/o Thanamcharla Village, Rapur Mandal, S.P.S.R. Nellore District. Vankivolu Sampoorna, W/o. Narayana Reddy, aged 40 years, R/o Thanamcharla Village, Rapur Mandal, S.P.S.R. Nellore District. Vankovolu Venugopal Reddy, S/o. Ranga Reddy, aged 41 years, R/o Thanamcharla Village, Rapur Mandal, S.P.S.R. Nellore District. ...Proposed LRs of Appellant No’s 9 &11 Desu Kanthamma, W/o. Rama Subbareddy, Aged 79 years. Agriculturist, R/o Tanamcharla Village, Rapur Mandal, SPSR Nellore District. 18. 19. 20. 21. 22. 23. 24. Nallavadia Sampurnamma, W/o. Venkata Reddy, D/o Ramasubba Reddy Aged 53 years, Agriculturist, R/o Tanamcharla Village,Rapur Mandal, SPSR Nellore District. Desu Bhaskar Reddy, W/o Ramasubba Reddy, Aged 55 years. Agriculturist, R/o Tanamcharla Village,Rapur Mandal, SPSR Nellore District. 25. 26. ...Petitioners/ Proposed LRs of Appellant No.10 [Appellant Nos. 24 to 26 are brought on record as LRs of deceased 10th Appellant vide Court Order dated 09.01.2025 in I.A.Nos 1,2 and 3 of 2024 in L.A.A.S.No.288 of 2017.] Mopuru Teja Reddy, S/o Late Pulla Reddy, Aged 31 years, agriculturist, R/o Tanamcharla Village, Rapur Mandal, SPSR Nellore, District. Sandrapalli Pedda Masthanamma, W/o Late China Eswaraiah, aged 70 years. Agriculturist, R/o Kottakambhalapalli Village, Podalakur Mandal, SPSR Nellore District. 27. 28. 29. Sandrapalli Jayakotaiah, S/o late China Eswaraiah, aged 43 years. Agriculturist, R/o Kottakambhalapalli Village, Podalakur Mandal, SPSR Nellore District. 30. Sandrapalli Masthanaiah, S/o Late Chinna Eswaraiah, aged 42 years, R/o Kottakambhalapalli Village, Podalakur Mandal, SPSR Nellore District. 31. Sandrapalli Ravanamma, W/o. Late Subrahmanyam, aged 55 years. Agriculturist, R/o Kottakambhalapalli Village, Podalakur Mandal, SPSR Nellore District. 32. Sandrapalli Koteswara Rao, S/o Late Subrahmanyam, aged 39 years. Agriculturist, R/o Kottakambhalapalli Village, Podalakur Mandal, SPSR Nellore District 33. Sandrapalli Siva, S/o Late Subrahmanyam, aged, 35 years. Agriculturist, R/o Kottakambhalapalli Village, Podalakur Mandal, SPSR Nellore District 34. Sandrapalli China Koteswara Rao, S/o Late Subrahmanyam, aged 33 years. Agriculturist, R/o Kottakambhalapalli Village, Podalakur Mandal, SPSR Nellore District [Appellant Nos. 27 to 34 are brought on record as LRs of deceased appellant No’s 12, 13, and 15 vide Court order dated 27.03.2025 in I.A.Nos.3,5 and 8 of 2025 respectively.] ...Proposed Appellant No’s 27 to 34 /LRs of Appellant No’s.12,13 and15 AND The Special Deputy Collector, (Land Acquisition) Telugu Ganga Project, Rapur at Nellore. Mulapet Nellore. ...RESPONDENT/ REFERRING OFFICER Appeal under section 54 of Land Acquisition Act, against the Judgment passed in L.A.O.P No. 16 of 2005, dated 22-04-2010, on the file of the Senior Civil Judge, Gudur, SPSR Nellore District. 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 the arguments of Sri Chetiuru Sreenivas, for the Appellants, and GP for Appeals, for the Respondent. THIS COURT DOTH ORDER AND DECREE AS FOLLOWS: That the Appeal be and hereby is Allowed; That the compensation for each tree be and hereby is enhanced as follows a. Lime & Coconut tree b. Soap-nut trees c. Tamarind trees d. Drumstick trees 1. 2. Rs.3,000/- per tree Rs.5,000/- per tree Rs.6,000/- per tree Rs.2,000/- per tree That the Appellant be and is here by 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 3. That the appellant shall pay the Court fee on the enhanced compensation amount; 4. 5. 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; 6. That there be no order as to costs in this appeal. Sd/- S.V.S.R. MURHTY JOINT REGISpiAR //TRUE COPY// SEC To, 1. The Civil Judge [Senior Division], Guduru, SPSR Nellore District 2. Three CD Copies MV RAM HIGH COURT DATED: 01/05/2025 DECREE LAAS.No.288 of 2017 ^ I 0 JUL 2025 Sectiopx^y ALLOWING THE LAAS WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA Jl THURSDAY, THE FIRST DAY OF MAY^ TWO THOUSAND AND TWENTY FIVaolK*^ >0^ P Si PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No: 288 OF 2017 Appeal under section 54 of Land Acquisition Act, against the Judgment passed in L.A.O.P No. 16 of 2005, dated 22-04-2010, on the file of the Senior Civil Judge, Gudur, SPSR Nellore District Between: 1. Vonkivolu Venkata Reddy, S/o. Narapa Reddy, ( C.1) aged 50 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 2. Vonkivolu Jayarami Reddy, S/o. Narapa Reddy, ( C.2) aged 51 Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 3. Pilli Rangamma, W/o. Adi Reddy, ( C.3) aged 55 years, R/o Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 4. Pilli Ramadevi, W/o. Rama Raghava Reddy, ( C.4) aged 47 Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 5. Vonkivolu Mangamma, W/o. Narapa Reddy, ( C.5) aged 75 Pokurupalli Village, Rapur Mandal, S.P.S.R. Nellore District. 6. Vonkivolu Subbarami Reddy, ( C.6 died ) 7. Vonkivolu Sundararami Reddy, S/o. Muni Reddy, ( C.7) aged 75 Thanamcharla Village, Rapur Mandal, S.P.S.R. Nellore District. 8. Vonkivolu Leelavathamma, W/o. Sundararami Reddy, ( C.8) aged R/o Thanamcharla Village, Rapur Mandal, S.P.S.R. Nellore District. 9. Vonkivolu Narasimha Reddy ( C.9 died) years, R/o years, R/o years, R/o years, R/o 65 yrs. Vankovolu Venugopal Reddy, S/o. Ranga Th^riamcharla Village, Rapur Mandal, Reddy, aged 41 years, R/o S.P.S.R. Nellore District. ...Proposed LRs of Appellant No’s 9 &11 Desu..Kanthamma, W/o. Rama Subbareddy, Aged Agriculturist, R/o Tanamcharla Village, Rapur Mandal, SPSR District. Nallavadia Sampurnamma, W/o. Venkata Reddy, D/o Ramasubba eddy Aged 53 years. Agriculturist, R/o Tanamcharla Village,Rapur Mandal, SPSR Nellore District. Desu Bhaskar Reddy, W/o Ramasubba Reddy, Aged Agriculturist, R/o Tanamcharla Village,Rapur Mandal, SPSR District. !■ tw 24. 79 years, Nellore 25. 26. 55 years, Nellore ...Petitioners/ Proposed LRs of Appeiiant No.10 [Appellant Nos. 24 to 26 on record as LRs of deceased 10th Appellant vide Court Order dated of 2024 in L.A.A.S.No.288 of 2017.] Mopuru Teja Reddy, S/o Late Pulla Reddy, Aged 31 years, agriculturist R/o Tanamcharla Village, Rapur Mandal Sandrapalli Pedda Masthanamma 09.01.2025 in I.A.Nos 1,2 and 3 27. SPSR Nellore, District. 28. W/o Late China Eswaraiah, aged 70 Kottakambhalapalli Village, Podalakur years. Agriculturist, R/o SPSR Nellore District. Sandrapalli Jayakotaiah Agriculturist, R/o Nellore District. Mandal, 29. S/o late China Eswaraiah, Kottakambhalapalli Village, Podalakur aged 43 years, Mandal, SPSR 30. Sandrapalli Masthanaiah, S/o Late Chinna Eswaraiah, aged 42 R/o Kottakambhalapalli Village, Podalakur Sandrapalli Ravanamma, W/o. Late Subrahmanyam, aged 55 Agriculturist, R/o Kottakambhalapalli Village Nellore District. years Mandal, SPSR Nellore District. 31. years, , Podalakur Mandal, SPSR I 32. Sandrapalli Koteswara Rao, S/o Late Subrahmanyam, aged 39 Agriculturist, R/o Kottakambhalapalli Village, Podalakur Mandal, Nellore District years, SPSR 33. Sandrapalli Siva, S/o Late Subrahmanyam aged, 35 years. Agriculturist, R/o Kottakambhalapalli Village, Podalakur Mandal, SPSR Nellore District 34. Sandrapalli China Koteswara Rao, S/o Late Subrahmanyam, aged 33 years. Agriculturist, R/o Kottakambhalapalli Village, Podalakur Mandal, SPSR Nellore District [Appellant Nos. 27 to 34 are brought on record as LRs of deceased appellant No’s 12, 13, and 15 vide Court order dated 27.03.2025 in I.A.Nos.3,5 and 8 of 2025 respectively.] ...Proposed Appellant No’s 27 to 34/LRs of Appellant No’s.12,13 and15 AND The Special Deputy Collector, (Land Acquisition) Telugu Ganga Project, Rapur at Nellore. Mulapet Nellore. ...RESPONDENT/ REFERRING OFFICER Counsel for the Appellants: SRI CHETLURU 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. 288 OF 2017 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 Kahdaleru 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.16 of 2005 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 the compensation for lime and coconut trees. 2. Dissatisfied with the compensation granted to the appellant, for the Lime and Coconut trees vide order in L.A.O.P.No.16 of 2005 on the file of the Court of Senior Civil Judge, Gudur, dated 22.04.2010, the present L.A.A.S.No.288 of 2017 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-1 V, 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 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 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 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) 6. 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: 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 <g 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. 8. Learned Government Pleader for Appeals has relied on the judgment of the Hon’ble Apex Court in Ashok Kumar and another Us, 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 Us. 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/- 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. . The compensation was fixed in respect of each Lime, Coconut trees @ Rs.3,000/- per tree; Soap-nut trees @ Rs.5,000/- per tree:= Tamarind trees @ Rs.6,000/- per tree; Drumstick trees @ Rs.2,000/- per tree in LAAS No.417of 2018. 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 11. compensation may be enhanced as per the number of trees as 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. 7 12. As the claim is only with regard to the trees, the present appeal is allowed, enhancing the compensation for each tree as detailed below: Lime & Coconut trees Rs.3,000/- per tree Rs.5,000/- per tree Rs.6,000/- per tree Rs.2,000/-per tree Soap-nut trees Tamarind trees Drumstick trees 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// SECTION OFFICER To, 1. The Civil Judge [Senior Division], Guduru, records if any] SPSR Nellore District [with 2. One CC to Sri Chetiuru Sreenivas, Advocate 3. Two CCs to GP For Appeals, High Court of Andhra [OPUC] Pradesh. [OUT] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravati 5. The Section Officer, New filing Section, Civil wing. High Court of Andhra Pradesh at Amaravati 6. Three CD Copies MV RAM 'si HIGH COURT DATED: 01/05/2025 JUDGMENT + DECREE LAAS.No.288 of 2017 ALLOWING THE LAAS WITHOUT COSTS