APHC010242592007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3568] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA LAND ACQUISITION APPEAL SUIT NO: 830/2007 Between: 1. D. BALA NAIK, S/O LATE S. DEMAVATH GOLAN R/O VELUGODU VILLAGE & MANDAL KURNOOL DIST. 2. D. MANGAMMA, D/O LATE SUGALI DEMAVATH GOLAN R/O VELUGODU VILLAGE & MANDAL KURNOOL DIST. ...APPELLANT(S) AND 1. THE SPECIAL DEPUTY COLLECTOR LAO, T.G.P. Nandyal Kurnool Dist. ...RESPONDENT appeal against the decree and order passed in OP No. 444/99, dt. 20-01- 05 on the file of the Court of the Senior Civil Judge, Atmakur IA NO: 1 OF 2007(LAASMP 1390 OF 2007 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 690 days in preferring the appeal Counsel for the Appellant(S): 1. P VENGALA REDDY Counsel for the Respondent: The Court made the following: 2 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE KIRANMAYEE MANDAVA LAND ACQUISITION APPEAL SUIT NO.830 OF 2007 JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand) The claimants preferred this appeal under Section 54 of the Land Acquisition Act, 1894 questioning the order, dated 20.01.2005, passed in O.P.No.444 of 1999 by the learned Senior Civil Judge at Atmakuru. 2. The parties in the Appeal will be referred to as they are arrayed in the Writ Petition for convenience. 3. The Special Deputy Collector, Land Acquisition Telugu Ganga Project, Nandyal has acquired the lands in extensive area covered by different survey numbers in Vilgoda village for the purpose of the formation of the Velgoda balancing reservoir. The Land Acquisition Officer has taken into consideration the location of the lands, the surrounding circumstances such as the transactions that have taken place in the vicinity of the lands under acquisition, the fertility of the soil, its yielding capacity and the compensation is fixed by the Land Acquisition Officer at Rs.7,500/- and the category of the lands is irrigable dry under the tanks and accordingly passed award. Aggrieved by the award passed by the Land Acquisition Officer, the claimants filed O.P.No.444 of 1999, on the file of the Senior Civil Judge at Atmakuru. 4. In the claim petition, the claimants would contend that the award passed by the Land Acquisition Officer is not just and proper and it is not maintainable either in law or on facts. The amount of compensation awarded 3 by the Land Acquisition Officer is too meager and the criterion applied by him in fixing the compensation has no factual or legal basis. The case of the claimants is that the Land Acquisition Officer has not made any proper enquiry and he also did not give any opportunity to the claimants to adduce evidence. The Land Acquisition Officer did not taken into consideration the potential value of the land under acquisition and also the prices paid for the comparable lands in the vicinity of the schedule land. He further contends that in case of the personal cultivation of the lands, the petitioners have been getting the net income of Rs.2,000/- to Rs.3,000/- for dry lands and Rs.4,000/- to Rs.5,000/- for wet lands per year. The value of the lands under acquisition fixed by the Land Acquisition Officer is not correct and proper and the actual value of the land acquired would be Rs.30,000/- per acre. Therefore, he prayed to fix his claim at Rs.30,000/- per acre with other statutory benefits. 5. Per contra, it is the stand of the Land Acquisition Officer that he has taken into consideration the location of the lands, the surrounding circumstances such as the transactions that have taken place in the vicinity of the lands under acquisition, the fertility of the soil, its yielding capacity and also taken into consideration different sale transactions and only after considering comparable sales that have taken place in the vicinity of the lands, the compensation is fixed and the compensation at Rs.7,500/- per acre fixed is fair, just and proper. 6. 6. On careful perusal of the material available on record, the learned Senior Civil Judge, Atmakuru, disposed of the claim petition with the following award: 4 “(1) The compensation of the acquired land is enhanced from Rs.7,500/- to Rs.20,000/- per acre; (2) In addition to it, the additional market value at the rate of 12% per annum on such market value from the date of notification till the date of award, shall be calculated; (3) 30% solatium on the market value fixed as provided under Section 23(2) of L.A. Act; (4) Interest at 9% per annum from the date of presentation for a period of one year and thereafter at 15% per annum till the date of payment on the enhanced compensation and solatium too; (5) The claimants are entitled for equitable interest at 7 ½ % per annum computed for five years on the differential market value; (6) The amount paid by the Land Acquisition Officer already shall be deducted from the compensation fixed by the court; and (7) The parties shall bear their own costs.” 7. Aggrieved by the award passed by the learned Senior Civil Judge, Atmakuru, the present Land Acquisition Appeal Suit is filed to enhance the compensation awarded from Rs.20,000/- to Rs.30,000/-. 8. Today when the matter is taken up for hearing, the learned counsel for the appellants/claimants placed a reliance on the judgment in A.S.No.2145 of 2004, dated 29.06.2007 passed by the Division Bench of this Court wherein it is observed that on the same day they disposed of the similar appeal in A.S.No.1909 of 2004 with regard to Category III lands viz., irrigable dry lands under private well, fixing the market value of the said land at Rs.35,000/- per acre, for the reasons stated therein. 9. Learned counsel for the claims contends that the lands in the present case also situated in the same village. As such, in view of the judgment of the Division Bench of this Court passed in A.S.No.1909 of 2004, dated 5 29.06.2007, the claim of the petitioners for a sum of amount of Rs.30,000/- is reasonable and sought to allow the appeal. 10. Admittedly, the land of the claimants is situated in Sy.No.2148/3A1/1 for an extent of Ac.0-62 cents situated in Velgodu Village. Following the judgment of the Division Bench of this Court passed in A.S.No.1909 of 2004, dated 29.06.2007, this appeal is allowed fixing the market value at Rs.30,000/- per acre. Accordingly, the appellants/claimants are entitled to all statutory and consequential benefits including interest as ordered by the Reference Court. 11. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _________________________ JUSTICE BATTU DEVANAND _____________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 29.01.2026 PGR 6 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE KIRANMAYEE MANDAVA L.A.A.S. NO.830 OF 2007 Dt. 29.01.2026 PGR