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.49 of 2019 Between: 1. Thodeti Venkata Subbaiah, S/o. Penchalaiah (C.1 died) (L.R. of this claimant is shown as Appellant No. 25 & 26) (Died per LRs 25, 26) 2. Podili Erukalaiah, S/o. Nagaiah (C.2 died) (L.R. of this claimant is shown as Appellant No.27 and 28) (Died per LRs 27, 28) 3. Naga Penchala Reddy, S/o. Narasa Reddy (C.3 died) (L.R. of this claimant is shown as Appellant No.29 to 31) (Died per LRs 29 to 31) 4. Vadlapalli China Chinnaiah, S/o. China Penchalaiah (C.4), aged about 50 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 5. Sesham Tirupalaiah (C.5 died), (L.R. of this claimant is shown as Appellant No.32) (Died per LRs 32) 6. Yeddala Papamma, W/o Chinnaiah (C.6), aged about 50 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 7. Yeddala Veeramma, W/o Narasaiah (C.7), aged about 75 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 8. Vadlapalli Lakshmamma (C.8 died), (L.R. of this claimant is added as claiamant No. 12 Who is already on record ) 9. Theruvai Ramanaiah, S/o. Narasaiah (C.9 died) (L.R. of this claimant is shown as Appellant No.33) (Died per LRs 33) 10.Kak,umuri Penchalaiah, S/o. Bodaiah (C.IO died) (L.R. of this claimant is ^ shown as Appellant No.34 and 35) (Died per LRs 34, 35) H.Andra Dayakar Reddy, S/o. Narasa Reddy (C.11), aged about 40 years, R/o. Kaluvoya Village and Mandal, SPSR Nellore District. 12.Vadlapalli Peda Chinnaiah, S/o. Thirupaiah (C.12), aged about 63 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 13.Naga Peda Sankara Reddy, S/o. Penchala Reddy (C.13), aged about 60 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 14.Regunta Polaiah, S/o. Thirupaiah (C.14), aged about 65 years, R/o. Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 15.Naga Surendra Reddy, S/o. Venkata Ramana Reddy (C.15), aged about 42 years, R/o. Kaveri Nagar, Kothur(GP), Nellore Rural Mandal, SPSR Nellore District. 16.Andra Jayarami Reddy, S/o. Narasa Reddy (C.16), aged about 56 years, R/o. Talupuru Village, Sydapuram Mandal, SPSR Nellore District. 17.Andra Narasimha Reddy, S/o. Narasareddy (C.17), aged about 58 years, R/o. Kaluvoya Village and Mandal, SPSR Nellore District. 18.Andra Narasa Reddy, S/o. Subba Reddy (C.18), aged about 80 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 19.Naga Sarojanamma, W/o Sankar Reddy (C.19), aged about 70 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 20.Gampakinda Sankaramma, W/o Adi Reddy (C.20), aged about 58 years, R/o. Madhavaiahpalem Village, Dakkili Mandal, SPSR Nellore District. 21.Sivuni Ramamma (C.21 died), (L.R. of this claimant is added as claimant No.24 ) 22.Barri Ankamma, W/o Penchalaiah (C.22), aged about 75 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 23.Chennu Subbamma, W/o Penchalaiah (C.23), aged about 78 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 24.Veerapureddy Rama Raghava Reddy, S/o. Narasa Reddy (C.24), aged about 58 years, R/o. Tegacherla Village, KaJuvoya Mandal, SPSR Nellore District. ...Appeliants/Claimant Nos.1 to 24 25.Thodeti Narasamma, W/o Venkatasubbaiah (LR of C.1), aged about 75 years, R/o. Gonupalli Village, Rapur Mandal, SPSR Nellore District. 26.Thodeti Sreenivasulu, S/o. Venkatasubbaiah (LR of C.1), aged about 48 years, R/o. New Military Colony, Nellore Town, SPSR Nellore District. 27.Podili Ankamma, W/o Yerukalaiah (LR of C.2), aged about 56 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 28.Podili Nageswara Rao, S/o. Yerukalaiah (LR of C.2), aged about 48 years R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 29.Naga Peda Sankar Reddy, S/o. Penchal Reddy (L.R. of C.3), aged about 60 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 30.Naga Chinasankar Reddy. S/o. Penchala Reddy (L.R. of C.3), aged about 49 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 31.Naga Praksh, S/o. Penchala Reddy (L.R. of C.3), aged about 40 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. W/0 Paradesi (L.R. of C.5), aged about 50 years. R/ o Cherlopalli Village, Chitvel Mandal, Kadapa District. 33.Theruvai Ademma, W/o Ramanaiah (LR of C.9), aged about 55 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 34.Kakumuru Ramanamma, W/o Penchalaiah (LR of C.10). aged about 58 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. Venkataramanaiah, S/o. Penchalaiah (LR of C.10). aged about 30 years, R/o. Ramakur Village. Rapur Mandal, SPSR Nellore District. Proposed LRs of Claimants Nos.1,2,3,5,9 &10 32.Duvvuru Jayamma 35.Kakumuru LRs of deceased Claimant Nos. (Proposed Petitioners 25 to 35 as 1,2,3,5,9, and 10 in vide court order dated 27.03.2025 in lA No. 3/2019) AND Special Deputy Collector, (L.A), Telugu Ganga Project, Rapur at Nellore, Mulapet, Nellore, SPSR Nellore District. The ...Respondent/R.O. 54 of Land Acquisition Act, aggrieved by the Additional Senior Civil Judge, Gudur, Appeal filed under Section judgment and decree of the learned dated 02-01-2002 passed in LAOP No.40 of 1992 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 the petition and upon hearing the arguments of Sri Chetiuru Sreenivas, Advocate for the Appellants and of GP for Appeals, Advocate for the Respondent, in This Court doth order and decree as follows: That the Land Acquisition Appeal Suit be and is hereby allowed; 1. 2. 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; 3. That the compensation be and is hereby enhanced for each tree as detailed below: Pomegranate trees Rs.3,000/- per tree Ber trees Rs. 400/- per tree Mango tree Rs.3,000/- per tree That the appellants be and are hereby directed to pay the Court fee on 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. 4. 5. 6. Sd/- E KAMESWARA RAO JOINT REGISTRAR \ //TRUE COPY// SECTION OFFICER To 1. The Additional Civil Judge (Senior Division), Gudur, SPSR Nellore District. Three CD Copies 2. TK vna ▼ HIGH COURT DATED:01/05/2025 DECREE LAAS.No.49 of 2019 ALLOWING THE LAAS \ IN THE HIGH COURT OF ANDHRA PRADESH AT A 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.49 of 2019 Appeal filed under Section 54 of Land Acquisition Act, aggrieved by the judgment and decree of the learned Additional Senior Civil Judge, Gudur, dated 02-01-2002 passed in LAOP No.40 of 1992 Between: 1. Thodeti Venkata Subbaiah, S/o. Penchalaiah (C.1 died) (L.R. of this claimant is shown as Appellant No. 25 & 26) (Died per LRs 25, 26) 2. Podili Erukalaiah, S/o. Nagaiah (C.2 died) (L.R. of this claimant is shown as Appellant No.27 and 28) (Died per LRs 27, 28) 3. Naga Penchala Reddy, S/o. Narasa Reddy (C.3 died) (L.R. of this claimant is shown as Appellant No.29 to 31) (Died per LRs 29 to 31) 4. Vadlapalli China Chinnaiah, S/o. China Penchalaiah (C.4), aged about 50 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 5. Sesham Tirupalaiah (C.5 died), (L.R. of this claimant is shown as Appellant No.32) (Died per LRs 32) 6. Yeddala Papamma, W/o Chinnaiah (C.6), aged about 50 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 7. Yeddala Veeramma, W/o Narasaiah (C.7), aged about 75 years, R/o. Ramakur Village, Rapur Mandat, SPSR Nellore District. 8. Vadlapalli Lakshmamma (C.8 died), (L.R. of this claimant is added as claiamant No. 12 Who is already on record ) 9. Theruvai Ramanaiah, S/o. Narasaiah (C.9 died) (L.R. of this claimant is shown as Appellant No.33) (Died per LRs 33) lO.Kakumuri Penchalaiah, S/o. Bodaiah (C.IO died) (L.R. of this claimant is shown as Appellant No.34 and 35) (Died per LRs 34, 35) H.Andra Dayakar Reddy, S/o. Narasa Reddy (C.11), aged about 40 years, R/o. Kaluvoya Village and Mandal, SPSR Nellore District. 12.Vadlapalli Peda Chinnaiah, S/o. Thirupaiah (C.12), aged about 63 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 13.Naga Peda Sankara Reddy, S/o. Penchala Reddy (C.13), aged about 60 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 14.Regunta Polaiah, S/o. Thirupaiah (C.14), aged about 65 years, R/o. Venkateswara Nagar, Podalakur Village and Mandal, SPSR Nellore District. 15.Naga Surendra Reddy, S/o. Venkata Ramana Reddy (C.15), aged about 42 years, R/o. Kaveri Nagar, Kothur(GP), Nellore Rural Mandal, SPSR Nellore District. 16.Andra Jayarami Reddy, S/o. Narasa Reddy (C.16), aged about 56 years, R/o. Talupuru Village, Sydapuram Mandal, SPSR Nellore District. 17.Andra Narasimha Reddy, S/o. Narasareddy (C.17), aged about 58 years, R/o. Kaluvoya Village and Mandal, SPSR Nellore District. IS.Andra Narasa Reddy, S/o. Subba Reddy (C.18), aged about 80 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 19.Naga Sarojanamma, W/o Sankar Reddy (C.19), aged about 70 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 20.Gampakincla Sankaramma, W/o Adi Reddy (C.20), aged about 58 years, R/o. Madhavaiahpalem Village, Dakkili Mandal, SPSR Nellore District. 21.Sivuni Ramamma (C.21 died), (L.R. of this claimant is added as claimant No.24 ) 22.Barri Ankamma, W/o Penchalaiah (C.22), aged about 75 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 23.Chennu Subbamma, W/o Penchalaiah (C.23), aged about 78 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 24.Veerapureddy Rama Raghava Reddy, S/o. Narasa Reddy (C.24), aged about 58 years, R/o. Tegacherla Village, Kaluvoya Mandal, SPSR Nellore District. ...Appellants/Claimant Nos.1 to 24 25.Thodeti Narasamma, W/o Venkatasubbaiah (LR of C.1), aged about 75 years, R/o. Gonupalli Village, Rapur Mandal, SPSR Nellore District. 26.Thodeti Sreenivasulu, S/o. Venkatasubbaiah (LR of C.1), aged about 48 years, R/o. New Military Colony, Nellore Town, SPSR Nellore District. 27.Podili Ankamma, W/o Yerukalaiah (LR of C.2), aged about 56 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 28.Podili Nageswara Rao, S/o. Yerukalaiah (LR of C.2), aged about 48 years R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 29.Naga Peda Sankar Reddy, S/o. Penchal Reddy (L.R. of C.3), aged about 60 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 30.Naga Chinasankar Reddy, S/o. Penchala Reddy (L.R. of C.3), aged about 49 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 31.Naga Praksh, S/o. Penchala Reddy (L.R. of C.3), aged about 40 R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 32.Duvvuru Jayamma, W/o Paradesi (L.R. of C.5), aged about 50 years, R/ o Cherlopalli Village, Chitvel Mandal, Kadapa District. 33.Theruvai Ademma, W/o Ramanaiah (LR of C.9), aged about 55 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 34.Kakumuru Ramanamma, W/o Penchalaiah (LR of C.10), aged about 58 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. 35.Kakumuru Venkataramanaiah, S/o. Penchalaiah (LR of C.10), aged about 30 years, R/o. Ramakur Village, Rapur Mandal, SPSR Nellore District. ...Proposed LRs of Claimants Nos.1,2,3,5,9 &10 (Proposed Petitioners 25 to 35 as LRs of deceased Claimant Nos. 1,2,3,5,9, and 10 in vide court order dated 27.03.2025 in lA No. 3/2019) years. AND The Special Deputy Collector, (L.A), Telugu Ganga Project, Rapur at Nellore, Mulapet, Nellore, SPSR Nellore District. ...Respondent/R.O. Counsel for the Appellants : SRI CHETLURU SREENIVAS 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. 49 OF 2019 JUDGMENT: {PerHon'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.40 of 1992 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 rejecting the compensation for trees. Dissatisfied with the compensation granted to the appellants for Pomegranate, Ber and Mango trees vide order in L.A.O.P.No. 40 of 1992 on the file of the Court of Additional Senior Civil Judge, Gudur, dated 02.01.2002, the present L.A.A.S.No.49 of 2019 came to be filed seeking enhancement of the compensation of the trees. 2. 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-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 tamarind and soap-nat are concerned, the Court has fixed Rs.6,000/- and Rs.5,000/- respectively for each tree. ■ Learned counsel for the appellants further relied on the judgment 5. 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 Collector(O.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 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 in the year 1994. '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, (iii) The compensation to the claimants shall be made within three months from today.” (i) (ii) 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 <& 5 \/s. The Special Deputy Collector (L.A.) (referred supra), in Civil Appeal No. 11355 of 2018 in respect of the very same project. ors 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 8. facts of the case. Learned Government Pleader for Appeals further stated that the 9. 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. In the judgment of the Hon’ble Apex Court in D.Eswara Naidu & 10. 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 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 increasing of compensation for Pomegranate, Ber and Mango trees. mentioned above for 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 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 that the appellants are entitled to compensation for the total 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. the as it is made clear number of 12. As the claim is only with regard to the trees, the present appeal i allowed, enhancing the compensation for each tree as detailed below: IS 7 Rs.3,000/- per tree Rs. 400/- per tree Rs.3,000/- per tree Pomegranate trees Ber trees Mango 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 SECTION OFFICER J|^®^Additional Civil Judge (Senior Division), Gudur, SPSR Nellore One CC to Sri Chetiuru Sreenivas, Advocate [OPUC] Two CCs to GP for Appeals, High Court of Andhra Pradesh. [OUT] Amafavalhi^ Section, High Court of Andhra Pradesh The Section Officer, V.R Section, High Court of Andhra Pradesh. Three CD Copies //TRUE COPY// To 1. 2. 3. 4. at 5. 6. TK vna HIGH COURT DATED:01/05/2025 JUDGMENT + DECREE LAAS.No.49 of 2019 ^ 1 0 JUL 2025 S«Ci!!rtntS«6o|iX*5 CO O ALLOWING THE LAAS