IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA 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 RAO LAND ACQUISITION APPEAL SUIT NO: 90 OF 2019 Between: Nalligoina Jayamma, W/o Papaiah, (C.4 ) aged about 70 years, R/o Dachur Village, Kaluvoya Mandal, SPSR Nellore District. ...APPELLANT/C-4 AND 1. The Special Deputy Collector (LA), Telugu Ganga Project, Rapur at Nellore. ...RESPONDENT/RO 2. Makam Obaiah ( C.1), Nellore Dornadula Yerukalaiah (C.2 died ), Nellore Avula Ankamma (C.3 ), Nellore Bellamkonda Chenchaiah (C.5 ), Nellore Varikuti Ankamma (C.6 ), Nellore Dornadula Lakshmamma (C.7 ), Nellore Talari Seetharamamma (C.8 ), Nellore Dornadula Udaya Bhaskar ( C.9), Nellore 3. 4. 5. 6. 7. 8. 9. ...RESPONDENTS / CLAIMANTS (Respondents 2 to 9 are not necessary parties) Appeal filed under Section 54 of the Land Acquisition Act, 1894 against the Order and Decree, dated 17-11-2000 passed in L.A.O.P. NO. 25 of 2000 on the file of learned Senior Civil Judge, Nellore, SPSR Nellore District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Trial Court, and material papers in the petition and upon hearing arguments of Sri Chetiuru Sreenivas, Advocate for Appeffent and the Government Pleader for Appeals/Respondent No. 1. THIS COURT DOTH ORDER AND DECREE: 1. That the Appeal be and is hereby allowed by enhancing the compensation for Mango tree @ Rs.3,000/- per tree, 2. That the appellant be and is hereby directed to pay the Court fee on the enhanced compensation amount; 3. That the appellant be and is hereby 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; 4. That the appellant be and is hereby 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; and 5. That there be no order as to costs in this Appeal. Sd/- E. KAMESWARA RAO JOINT REGISTRAR O^^OFFICER //TRUE COPY// SE To. 1. The Civil Judge (Senior Division), Nellore, SPSR Nellore District. 2. Two CD Copies psr RAM HIGH COURT DATED:01/05/2025 DECREE LAAS.No.90 of 2019 ALLOWING THE LAND ACQUISITION APPEAL WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH :: THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT 1 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEALSUIT NO: 90 OF 2019 Appeal filed under Section 54 of the Land Acquisition Act, 1894 against the Order and Decree, dated 17-11-2000 passed in L.A.O.P. NO. 25 of 2000 on the file of learned Senior Civil Judge, Nellore, SPSR Nellore District. Between: Nalligoina Jayamma, W/o Papaiah, (C.4 ) aged about 70 years, R/o Dachur Village, Kaluvoya Mandal, SPSR Nellore District. ...APPELLANT/C-4 AND 1. The Special Deputy Collector (LA), Telugu Ganga Project, Rapur at Nellore. ...RESPONDENT/RO 2. Makam Obaiah ( C.1), Nellore Dornadula Yerukalaiah (C.2 died ), Nellore Avula Ankamma (C.3 ), Nellore Bellamkonda Chenchaiah (C.5 ), Nellore Varikuti Ankamma (C.6 ), Nellore Dornadula Lakshmamma (C.7 ), Nellore Talari Seetharamamma (C.8 ), Nellore Dornadula Udaya Bhaskar ( C.9), Nellore (Respondents 2 to 9 are not necessary parties) 3. 4. 5. 6. 7. 8. 9. ...RESPONDENTS / CLAIMANTS Counsel for the Appellants Counsel for the Respondents: GP FOR APPEALS The Court made the following: : SRI. CHETLURU SREENIVAS THE HON’BLE SRI JUSTICE NINALA JAYASURYA AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No. 90 OF 2019 JUDGMENT: {PerHon’ble Sri Justice Ninala Jayasurya) The land of the claimant 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 appellant-claimant has 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.25 of 2000 on the file of the Court of Senior Civil Judge, Nellore. On considering the evidence both oral and documentary, the Reference Court has answered the reference by confirming the award. Dissatisfied with the compensation granted to the appellant, for 2. the Mango trees vide order in L.A.O.P.No.25 of 2000 on the file of the Court of Senior Civil Judge, Nellore, dated 17.11.2000, the present L.A.A.S.No. 90 of 2019 came to be filed seeking enhancement of the compensation of the trees. 2 3. Learned counsel appearing for the appeltant 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 appellant 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. \/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 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 appellant 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. 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 Having regard to the entire facts and ' 2012 (12) see 848 ^2019(13) see 785 4 9 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 @ 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. Learned Government Pleader for Appeals has relied on the 8. judgment of the Hon’ble Apex Court in Ashok 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 (L.A.) (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 ail 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 Pomegranate trees. Mango trees in LAAS No.417 of 2008, the compensation was fixed @ Rs.3,000/-per tree. In respect of 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 as identified by the Land Acquisition Officer in the award, as the appellant is not insisted for grant of compensation for the number of trees which is pleaded by the appellant in the appeal. Therefore, it is made clear that the appellant is entitled to compensation for the total number of trees 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. 11. as 7 12. As the claim is only with regard to the trees, the present appeal is allowed, enhancing the compensation for Mango tree @ Rs.3,000/- tree. per 13. The appellant shall pay the Court fee on the enhanced compensation amount. 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. 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// SECTION OFFICER SPSR Nellore District To, 1. The CivilJudge(Senior Division), Nellore (WITH RECORDS) 2. One CC to Sri Chetiuru Sreenivas, Advocate [OPUCl d Appeals .High Court of Andhra Pradesh. [OUT] s' The Sertinn o ^ of Andhra Pradesh. PrLdes? ^'9'' of Andhra 6. Two CD Copies psr RAM HIGH COURT DATED;01/05/2025 JUDGMENT LAAS.No.90 of 2019 5f ANoa? 3 0 9JUL 2025 O coJ cSts‘^® appeal