IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA^I THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE 12 ^0: o J t PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No.60 of 2019 Between: 1. Pandipati Seshamma, W/o. Balaramireddy, (C.2 died) (Her LR is shown as appellant No. 18) (Died) LRs 18 to 27 2. Kambala Chenchuratnam, S/o. Chenchuramaiah (C.3 died) (His LR is already on record as Claimant No.6) 3. Kambala Ravindra Babu, S/o. Chenchaiah, (C.4) aged about 51 R/o. H.No.24-7-499, Ravindranagar, 1®^ Street, Nellore Town and District. 4. Kambala Chenchu Mohan Rao (C.5 died) (Died) LRs 18 to 27 (His LRs are shown as appellant Nos. 19 & 20) 5. Kambala Rosaiah, S/o. Chenchuramaiah (C.6 & L.R. of C.3), aged about 61 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 6. Chennu Tolisamma, W/o. Ramireddy (C.7 died) (Died) LRs 18 to 27 (Her LR is shown as appellant No. 21) 7. Sd. Meera Mohiddin, S/o. Khader Saheb (C.8), aged about 67 years, R/o. Ramnagar, Podalakur Village & Mandal, SPSR Nellore District. 8. Sd.Masum Saheb, S/o. Khader Saheb, (C.9) aged about 65 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 9. Konda Polaiah, S/o. Kondaiah (C.10 & L.R. of C.12), aged about 62 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 10.Gumma Balaiah, S/o. Chenchaiah (C.11 died), (Died) LRs 18 to 27 (His LR is shown as appellant No. 22) years 11.Konda Kondaiah, S/o. Polaiah, (C.12 died) (his is a^ready on record as No. 10) l2.Mettakuru Dhanunjaya Reddy, S/o. China Pitchireddy (C.15) aged about 52 years, R/o. Lingamgunta Village, Ananthasagaram Mandal, SPSR Nellore District. IS.Metta Kamalamma, W/o. Narasimhareddy (C. 16), aged about 85 years, R/o. Upparapalli Village, Penagalur Mandal, YSR Kadapa District. H.Avulapati Srinivasulu, S/o. Subbaramaiah (C 17), aged about 63 years, R/o. Rapu Village and Mandal, SPSR Nellore District. 15.Kadiri Narasamma, W/o. Santaiah (C.20 died) (Her LR is shown as appellant No. 23) (Died per LRs 18 to 27) 16.Surepalli Thiripalaiah (C.21 died) (Her LR is shown as appellant No. ) (Died per LRs 18 to 27) 17.Kommi Ramanamma, W/o. Ramanaiah (C. 23), aged about 68 years, R/o. Dasaripalli Village, Kaluvay Mandal, SPSR Nellore District. ... Appeilants/Claimants 18.Pandipati Janardhanreddy S/o. Balaramireddy (LR of C.2), aged about 51 years, R/o. Kovur Village, Kovur Mandal, SPSR Nellore District. IQ.Konda Ramadevi, W/o. Ratnaiah (LR of C.5), aged about 34 years, R/o. Pallepalem Village, Nellore Mandal, SPSR Nellore District. 20.Chinthala Chenchulakshmi W/o. Narayana (LR of C.5) aged about 40 years, R/o. Ranipeta, GudurTown & Mandal, SPSR Nellore District 21.Chennu Penchalareddy S/o. Ramireddy (LR of C.7), aged about 43 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District 22.Gumma Rajamma, W/o. Balaiah (L.R. of C.11), aged about 67 years, R/o. Cheemalavaripalem Village, Atmakur Mandal, SPSR Nellore District. 23.Kadiri Venkataramanaiah, S/o. Santaiah (L.R. of C.20), aged about 60 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 24.Kadiri Venkatarathnam, S/o. Santaiah (L.R. of C.20), aged about 53 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 25.KaGliri Suseelamma, W/o. Venkataiah (L.R. of C.20), aged about 45 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District 26.Kadiri Sampurna, D/o. Santaiah (L.R. of C.20), aged about 25 R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 27.Surepalli Penchalaiah S/o. Chenchaiah (LR of C.21), aged about 60 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. ...Appellants/Proposed LRs. of C. Nos. 2, 5, 7, 11,20 & 21 (grant leave to the petitioner Nos.18 to 27 as LRs of deceased claimant Nos.2,5,7,11,20 & 21 vide court order dated 27.03.2025 in I.A.No.3 of 2019 in LAAS No.60 of 2019) AND The Special Deputy Collector (LA), Telugu Ganga Project, Rapur at Nellore, Mulapet, Neelagirisangam, Nellore. years. 1. ... Respondent/L.A.O 2. Konda Rangamma, W/o. Polaiah (C.1) Dommaraju Padmaja, W/o. Subrahmanyam Raju (C.13) Sangaraju Venkata Subba Raju (C.14) Nettam Srilatha, D/o. Sriramchowdary (C. 18) Nettem Vijayalakshmi, D/o. Sriramchowdary (C.19) Gantala Narasaiah, S/o. Venkataiah (C.22) 3. 4. 5. 6. 7. -i , ...Respondents/Claimants (Respondent Nos.2 to 7 are not necessary parties) ...Respondents Appeal filed under Section 54 of Land Acquisition Act, aggrieved by the Judgment and Decree of the learned Additional Senior Civil Judge, Gudur, dated 30.11.2001 passed in LAOP.No.99 of 1991. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Trial Court and the material papers in the petition and upon hearing the arguments of Sri Chetiuru Sreenivas, m Advocate for the Appellants and of GP for Appeals, Advocate for the Respondent No.1. This Court doth order and decree as follows: 1. That the Land Acquisition Appeal Suit be and is hereby allowed; That the appellants be and are 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 appellants claimed in the Reference Court; That the compensation be and is hereby enhanced for Pomegranate trees @ Rs.3,000/- per tree; That the appellants be and are hereby directed to pay the Court fee the enhanced compensation amount; That 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; That there be no order as to costs in this appeal. 2. 3. 4. on 5. 6. Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER Dis1r^t*^'^'°^^' ^'vil Judge (Senior Division), Gudur, SPSR Nellore 2. Three CD Copies To 1. TK RAM HIGH COURT DATED:01/05/2025 DECREE LAAS.No.60 of 2019 ^ I 0 JUL 2025 ^^■NCiilfentSectiop^^] ''■^SEEsiS m Co ALLOWING THE LAAS WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA 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 fiO of 2019 Appeal filed under Section 54 of Land Acquisition Act, aggrieved by Civil Judge, the Judgment and Decree of the learned Additional Senior Gudur, dated 30.11.2001 passed in LAOP. No. 99 of 1991. Between: 1. No. 99 of 1991. Between: 1. Pandipati Seshamma, W/o. Balaramireddy, (C.2 died) (Her LR is shown as appellant No. 18) (Died) LRs 18 to 27 2. Kambala Chenchuratnam, S/o. Chenchuramaiah (C.3 died) (His LR is already on record as Claimant No.6) 3. Kambala Ravindra Babu, S/o. Chenchaiah, (C.4) aged about 51 R/o. H.No.24-7-499, Ravindranagar, 1®‘ Street, Nellore Town District. years and 4. Kambala Chenchu Mohan Rao (C.5 died) (Died) LRs 18 to 27 (His LRs are shown as appellant Nos. 19 & 20) 5. Kambala Rosaiah, S/o. Chenchuramaiah (C.6 & L.R. of C.3) aged about 61 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 6. Chennu ToHsamma, W/o. Ramireddy (C.7 died) (Died) LRs (Her LR is shown as appellant No. 21) 18 to 27 7. Sd. Meera Mohiddin, S/o. Khader Saheb (C.8), aged about 67 years, R/o. Ramnagar, Podalakur Village & Mandal, SPSR Nellore District. 8. Sd.Masum Saheb, S/o. Khader Saheb, (C.9) aged about 65 Obulayapalli Village, Rapur Mandal, SPSR Nellore District. years, R/o. ¥■ 9. Konda Polaiah, S/o. Kondaiah (C.10 & L.R. of C.12), aged about 62 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 10,dumma Balaiah, S/o. Chenchaiah (C.11 died), (Died) LRs 18 to 27 (His LR is shown as appellant No. 22) 11. Konda Kondaiah, S/o. Polaiah, (C.12 died) (his is already on record as Claimant No. 10) 12.Mettakuru Dhanunjaya Reddy, S/o. China Pitchireddy (C.15) aged about 52 years, R/o. Lingamgunta Village, Ananthasagaram Mandal, SPSR Nellore District. IS.Metta Kamalamma, W/o. Narasimhareddy (C. 16), aged about 85 years, R/o. Upparapalli Village, Penagalur Mandal, YSR Kadapa District. M.Avulapati Srinivasulu, S/o. Subbaramaiah (C 17), aged about 63 R/o. Rapu Village and Mandal, SPSR Nellore District. 15.Kadiri Narasamma, W/o. Santaiah (C.20 died) (Her LR is shown as appellant No. 23) (Died per LRs 18 to 27) 16.Surepalli Thiripalaiah (C.21 died) (Her LR is shown as appellant No. ) (Died per LRs 18 to 27) 17.Kommi Ramanamma, W/o. Ramanaiah (C. 23), aged about 68 years, R/o. Dasaripalli Village, Kaluvay Mandal, SPSR Nellore District. .. .Appellants/Claimants 18.Pandipati Janardhanreddy S/o. Balaramireddy (LR of C.2), aged about 51 years, R/o. Kovur Village, Kovur Mandal, SPSR Nellore District. 19.Konda Ramadevi, W/o. Ratnaiah (LR of C.5), aged about 34 years, R/o. Pallepalem Village, Nellore Mandal, SPSR Nellore District. 20.Chinthala Chenchulakshmi W/o. Narayana (LR of C.5) aged about 40 years. R/o. Ranipeta, GudurTown & Mandal, SPSR Nellore District 21.Chennu Penchalareddy S/o. Ramireddy (LR of C.7), aged about 43 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District 22.Gumma Rajamma, W/o. Balaiah (L.R. of C.11), aged about 67 R/o. Cheemalavaripalem Village, Atmakur Mandal, SPSR Nellore District. years. years. 23.Kadiri Venkataramanaiah, S/o. Santaiah (L.R. of C.20), aged about 60 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 24.Kadiri Venkatarathnam, S/o. Santaiah (L.R. of C.20), aged about 53 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 25.Kadiri Suseelamma, W/o. Venkataiah (L.R. of C.20), aged about 45 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 26.Kadiri Sampurna, D/o. Santaiah (L.R. of C.20), aged about 25 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. 27.Surepalli Penchalaiah S/o. Chenchaiah (LR of C.21), aged about 60 years, R/o. Obulayapalli Village, Rapur Mandal, SPSR Nellore District. ...Appellants/Proposed LRs. of C. Nos. 2, 5, 7, 11,20 & 21 (grant leave to the petitioner Nos.18 to 27 as LRs of deceased claimant Nos.2,5,7,11,20 & 21 vide court order dated 27.03.2025 in I.A.No.3 of 2019 in LAAS No.60 of 2019) AND 1. The Special Deputy Collector (LA), Telugu Ganga Project, Rapur at Nellore, Mulapet, Neelagirisangam, Nellore. ... Respondent/L.A.O 2. Konda Rangamma, W/o. Polaiah (C.1) 3. Dommaraju Padmaja, W/o. Subrahmanyam Raju (C.13) 4. Sangaraju Venkata Subba Raju (C.14) 5. Nettam Srilatha, D/o. Sriramchowdary (C. 18) 6. Nettem Vijayalakshmi, D/o. Sriramchowdary (C.19) 7. Gantala Narasaiah, S/o. Venkataiah (C.22) ...Respondents/Claimants (Respondent Nos.2 to 7 are not necessary parties) ...Respondents Counsel for the Appellants Counsel for Respondent No.1 The Court made the following; : Sri Chetiuru Sreenivas : GP for Appeals THE HON’BLE SRI JUSTICE NINALA JAYASURYA AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT No. 60 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.99 of 1991 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 compensation for trees. 2. Dissatisfied with the compensation granted to the appellants for Pomegranate trees vide order in L.A.O.P.No.99 of 1991 on the file of the Court of Additional Senior Civil Judge, Gudur, dated 30.11.2001, the present L.A.A.S.No.60 of 2019 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. 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 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. 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 \/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 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. 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 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 mohths from today.” (i) (ii) (iii) In the judgment rendered in LAAS No.417 of 2008, a Division 6. 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 In Civil Appeal No.2947 of 2022, the Hon’ble Apex Court has 7. 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 \/s. The Special Deputy Collector (L.A.) (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 \/s. 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 4 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 ihclined to extend the benefit of orders mentioned above for increasing of 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. 7 12. As the claim is only with regard to the trees, the present appeal is allowed, enhancing the compensation for Pomegranate 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// SECT ON OFFICER To 1. The Additional Civil Judge (Senior Division), Gudur, SPSR Nellore District. 2. One CC to Sri Chetiuru Sreenivas, Advocate [OPUC] 3. Two CCs to GP for Appeals, High Court of Andhra Pradesh. [OUT] 4. The Section Officer, New Filing Section, High Court of Andhra Pradesh at Amaravathi. 5. The Section Officer, V.RSection, High Court of Andhra Pradesh at Amaravathi. 6. Three CD Copies TK HIGH COURT DATED;01/05/2025 JUDGMENT + DECREE LAAS.No.60 of 2019 or AWO^ 1 0 JUL 2025 o Co ^S^CurrentSectigiix^^ ALLOWING THE LAAS WITHOUT COSTS