4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR, 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 : 4 OF 2024 Between: Vaddineni Balaramanaidu, S/ Potinaidu (Died) Patti Ravindra Babu, S/o. Narasimbulu Setty, Aged about 70 years, R/o. Mandapalavari Street, Nellore Town, SPSR Nellore District. Dega Narasimha Reddy, (Died, per LR’s 8 to 12) Sunkara Hanumantha Rao, (Died per LR’s 13 to 18) 1. 2. 3. 4. ...Appellants/ Claimants Nuvvula Bharathi, D/o. Balaram Naidu, Aged about 55 years, R/o. D.No.23/1316, Tekkemitta, Nellore Town, SPSR Nellore District. Vaddineni Venkateswara Rao, S/o. Balaram Naidu, Aged about 49 years, R/o. D.No.23/1316, Tekkemitta, Nellore Town, SPSR Nellore District. Vaddineni Jagadish, S/o. Balaram Naidu, Aged about 41 years, R/o. D.No.23/1316, Tekkemitta, Nellore Town, SPSR Nellore District. 5. 6. 7. ...Proposed Petitioners/ LR’s of Appellant No.1 8, s^^gail|yshpavenamma, W/o. late Dega Narasimha Reddy, Aged about 82 '^^ear^^a^arnurthy Nagar, Nellore Town, SPSR Nellore District. 9. Dega \/enkataramana Reddy, S/o. late Dega Narasimha Reddy, Aged about 65^ears, Ramamuithy Nagar, Nellore Town, SPSR Nellore District, deg^ Venkata Rami Reddy, S/o. late Dega Narasimha Reddy, Aged about 58 years, Ramamurthy Nagar, Nellore Town, SPSR Nellore District. Mannur Prem Kumar Alliveni, D/o. late Dega Narasimha Reddy, Aged about 62 years, Ramamurthy Nagar, Nellore Town, SPSR Nellore District. Koti Reddy Swarna, D/o. late Dega Narasimha Reddy, Aged about 60 years, Ramamurthy Nagar, Nellore Town, SPSR Nellore District. ...Proposed Petitioners/ LR’s of Appellant No.3 Sunkara Nageswari, W/o. Sunkara Hanumantha Rao, Aged about 65 years, R/o. D.No.21-2-77, Machilikaman, Hyderabad. Smt. Madhavi, d/o Hanumantha Rao w/o Srinivasa Rao, H NO 8-2-686, Banjarahills, Hyderabad. Kottapasetty Srilatha, D/o Hanumantha Rao W/o Giridhar, H.NO 8-2-686 Banjarahills, Hyderabad. Nanisetty Radhika, D/o Hanumantha Rao W/o Suresh, H. NO 8-2-686 Banjarahills, Hyderabad. Smt Vemayamma, d/o Hanumantha Rao W/o Harikrishna Kishore H NO 8- 2-686 Banjarahills Hyderabad. Sunkara Vamsikrishna, s/o Hanumantha Rao H NO 8-2-686 Banjarahills, Hyderabad. 10. 11. 12. 13. 14. 15. 16. 17. 18. Proposed Appellant No’s 5 to 18 who are already on record main petitioners numbers 5 to 18 / legal representatives of the deceased Appellant No’s 1,3,4 vide court order dated 13-03-2025 in I.A No’s 5,8,11 of 2024 ...Proposed Petitioners/ LR’s of Appellant No,4 AND 1. The Special Deputy Collector(L.A.) 2. Yellasiri Sarojanamma, W/o. Srinivasulu Reddy, Aged about 72 years Housewife, Chennur, Gudur Mandal, SPSR-Nellore District. 3. Malireddy Jayarami Reddy, S/o. Ramachandra Reddy, Aged about 90 years, Gundavolu Village, Rapur Mandal, SPSR Nellore District. 4. Malireddy Venkata Krishna Reddy, S/o. Ramachandra Reddy, Gundavolu Village, Rapur Mandal, SPSR Nellore District. 5. Malireddy Venkata Subbamma, W/o. Jayarami Reddy, Gundavolu Village, Rapur Mandal, SPSR Nellore District. (Respondents 2 to 5 are not necessary parties) ...RESPONDENTS Appeal filed under section 54 of Land Acquisition Act, aggrieved the Order and Decree dated 17.06.2005 in L.A.O.P No.27 of 1997 on the file of the Senior Civil Judge, Gudur, S.P.S.R. 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 arguments of Sri M. Dasaradha Rami Reddy, for the Appellants and GP for Appeals, for the Respondent. THIS COURT DOTH ORDER AND DECREE AS FOLLOWS: 1. That the Appeal be and hereby is Allowed; That the compensation for pomegranate trees be and hereby is cnhonocd to Ro.SOOO/ 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// SECTION OFFICER To. 1. The Civil Judge [Senior Division], Guduru, SPSR Nellore District 2. Three CD Copies MV RAM » * i HIGH COURT DATED:01/05/2025 DECREE LAAS.No.4 of 2024 ALLOWING THE LAAS / \ V . \ IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE FIRST DAY OF TWO THOUSAND AND TWENTY FIVE AT AMARAVATI MAY PRESENT honourable SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA LAND ACQUISITION APPFai qi iij Appeal filed under section 54 of Land Acquisition Act Order and Decree dated 17.06.2005 in L.A.O.P No.27 of 1997 Senior Civil Judge, Gudur, S.P.S.R. Nellore District Between: RAJASEKHAR RAO No : 4 OF 2n?4 aggrieved the on the file of the 1. Vaddineni Balaramanaidu S/ Potinaidu (Died) 2. Patti Ravindra Babu, S/o. Narasimhulu Setty, Aged about Mandapalavari Street, Nellore Town, SPSR Nellore District. perLR’s 8to 12) per LR’s 13 to 18) 70 years, R/o. 3. Dega Narasimha Reddy, (Died, 4. Sunkara Hanumantha Rao, (Died ...Appellants/ Claimants 5. Nuvvula Bharathi D/o. Balaram Naidu D.No.23/1316, Tekkemitta, Nellore Town Aged about 55 SPSR Nellore District. Balaram Naidu, Aged about 49 i, SPSR Nellore District. years, R/o. 6. Vaddineni Venkateswara Rao, S/o. r D.No.23/1316, Tekkemitta, Nellore Town years, R/o. \V '•4 >- 7. Vaddineni Jagadish, S/o. Balaram Naidu, Aged about 41 years, R/o. D.No.23/1316, Tekkemitta, Nellore Town, SPSR Nellore District. ...Proposed Petitioners/ LR’s of Appellant No.1 8. Dega Pushpavenamma, W/o. late Dega Narasimha Reddy, Aged about 82 years, Ramamurthy Nagar, Nellore Town, SPSR Nellore District. 9. Dega Venkataramana Reddy, S/o. late Dega Narasimha Reddy, Aged about 65 years, Ramamuithy Nagar, Nellore Town, SPSR Nellore District. 10. Dega Venkata Rami Reddy, S/o. late Dega Narasimha Reddy, Aged about 58 years, Ramamurthy Nagar, Nellore Town, SPSR Nellore District. Mannur Prem Kumar Alliveni, D/o. late Dega Narasimha Reddy, Aged about 62 years, Ramamurthy Nagar, Nellore Town, SPSR Nellore District. Koti Reddy Swarna, D/o. late Dega Narasimha Reddy, Aged about 60 years, Ramamurthy Nagar, Nellore Town, SPSR Nellore District. 11. 12. ...Proposed Petitioners/ LR’s of Appellant No.3 Sunkara Nageswari, W/o. Sunkara Hanumantha Rao, Aged about 65 years, R/o. D.No.21-2-77, Machilikaman, Hyderabad. Smt. Madhavi, d/o Hanumantha Rao w/o Srinivasa Rao, H NO 8-2-686, Banjarahills, Hyderabad. Kottapasetty Srilatha, D/o Hanumantha Rao W/o Giridhar, H.NO 8-2-686 Banjarahills, Hyderabad. Nanisetty Radhika, D/o Hanumantha Rao W/o Suresh, H. NO 8-2-686 Banjarahills, Hyderabad. Smt Vemayamma, d/o Hanumantha Rao W/o Harikrishna Kishore H NO 8- 2-686 Banjarahills Hyderabad. 13. 14. 15. 16. 17. \ Sunkara Vamsikrishna, s/o Hanumantha Rao H NO 8-2-666 Banjarahills, Hyderabad. 18. Proposed Appellant No’s 5 to 18 who are already on record main petitioners numbers 5 to 18 / legal representatives of the deceased Appellant No’s 1,3,4 vide court order dated 13-03-2025 in I.A No’s 5,8,11 of 2024 ...Proposed Petitioners/ LR’s of Appeiiant No.4 AND 1. The Special Deputy Collector(L.A.) 2. Yellasiri Sarojanamma, W/o. Srinivasulu Reddy, Aged about 72 years Housewife, Chennur, Gudur Mandal, SPSR-Nellore District. 3. Malireddy Jayarami Reddy, S/o. Ramachandra Reddy, Aged about 90 years, Gundavolu Village, Rapur Mandal, SPSR Nellore District. 4. Malireddy Venkata Krishna Reddy, S/o. Ramachandra Reddy, Gundavolu Village, Rapur Mandal, SPSR Nellore District. 5. Malireddy Venkata Subbamma, W/o. Jayarami Reddy, Gundavolu Village, Rapur Mandal, SPSR Nellore District. (Respondents 2 to 5 are not necessary parties) ...RESPONDENTS Counsel for the Appellants: SRI M.DASARADHA RAMI REDDY Counsel for the Respondent: GP FOR APPEALS The Court made the following Judgment: THE HON’BLE SRI JUSTICE NINALA JAYASURYA AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No. 4 OF 2024 JUDGMENT: {Per Hon’ble Sri Justice Ninala Jayasurya) The land of the claimants was acquired by the respondent authorities of Kandaleru Reservoir for foreshore submersion of Telugu Ganga Project. 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.27 of 1997 on the file of the Court of Senior Civil Judge, Guduru. On considering the evidence, both oral and documentary, the Reference Court has answered the reference by rejecting the enhancement of compensation for trees. Dissatisfied with the compensation granted to the appellants by 2. the Reference Court, for the pomegranate trees vide order in L.A.O.P.No. 27 of 1997 on the file of the Court of Senior Civil Judge, Guduru, dated 17.06.2005, the present L.A.A.S.No. 4 of 2024 came to be filed seeking enhancement of the compensation of the trees. 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. The appellants relied on the judgment of this Court in a batch of 4. 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 biatch 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-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 f: 3 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. 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 Rs.3,000/- per Pomegranate Tree. Therefore, these appeals are disposed of with the following directions: Having regard to the entire facts and ^2012(12) see 848 ^2019(13) see 785 4 f " (i) The appellants shall be entitled to compensation at the rate of Rs.3,000/- (Rupees Three Thousand) per Pomegranate Tree along vyith 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.” (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 & ors Vs. The Special Deputy Collector (LA.) (referred supra), in Civil Appeal No. 11355 of 2018, in respect of the very same project. 7. •5. 5 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 8. 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 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 9. 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 Somasila/Telugu Ganga Project @ Rs.3,000/- as against Rs.2,000/- and held that the appellants are entitled to compensation @ Rs.3,000/- 6 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 pomegranate trees. 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 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 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 the claim is only with regard to the trees, the present appeal is allowed, enhancing the compensation for Pomegranate trees @ 12. Rs.3,000/- per tree. 7 >4 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// SECTION OFFICER To, 1. The Civil Judge [Senior Division], Guduru, SPSR Nellore District [with records if any] 2. One CC to Sri M. Dasaradha Rami Reddy, Advocate [OPUC] 3. Two CCS to GP for Appeals (AP), High Court Of Andhra Pradesh. [OUT] 4. The Section Officer, V.R 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 HIGH COURT DATED: 01/05/2025 JUDGMENT + DECREE LAAS.No.4 of 2024 ALLOWING THE LAAS