APHC010718492017 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: 570/2017 Between: 1. SPECIAL DEPUTY COLLECTOR - L.A., S.R.B.C., NANDYAL, KURNOOL DISTRICT. ...APPELLANT AND 1. UPPARI NADIPI KAMBAGIRI, S/o.Cherlopalli Village, Owk Mandal, Kurnool District. ...RESPONDENT LAAS against the order and decree passed in OP No.22/2013 on the file of the Principal Senior Civil Judge, Nandyal dated 30.08.2014 IA NO: 1 OF 2017(LAASMP 1400 OF 2017 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 condone the delay of 620 days in presenting the above appeal IA NO: 2 OF 2017(LAASMP 1401 OF 2017 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 grant stay of all further proceedings including execution in OP No.22/2013 dated 30.08.2014 on the file of the Principal Senior Civil Judge, Nandyal pending disposal of the above appeal IA NO: 3 OF 2017(LAASMP 1931 OF 2017 2 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 grant some more time to the petitioner/appellant for compliance of the orders of the Hon'ble Court dated 19-9-2017 in LAASMP No. 1401 of 2017 in LAAS No. 570 of 2017 and pass IA NO: 8 OF 2017(LAASMP 16500 OF 2017 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 Counsel for the Appellant: 1. GP FOR APPEALS (AP) Counsel for the Respondent: 1. K RATHANGA PANI REDDY LAND ACQUISITION APPEAL SUIT NO: 574/2017 Between: 1. SPECIAL DEPUTY COLLECTOR L.A, S.R.B.C., NANDYAL, KURNOOL DISTRICT. ...APPELLANT AND 1. UPPARI CHINNA KAMBAGIRI, son of Baludu Aged 41 years, r/o Cherlopalli village, Owk Mandal Kurnool District ...RESPONDENT against the order and decree passed in OP.no. 23 of 2013 on the file of the Principal Senior Civil Judge, Nandyal dt. 30/08/2014 IA NO: 1 OF 2017(LAASMP 1419 OF 2017 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 961 days in presenting the above Appeal IA NO: 2 OF 2017(LAASMP 1420 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may 3 be pleased to grant stay of all further proceedings in LAOP.No. 23 of 2013 dt. 30/08/2014 on the file of the Prl. Sr.Civil Judge, at Nandyal, Kurnool District IA NO: 3 OF 2017(LAASMP 1907 OF 2017 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 grant some more time to the petitioner / appellant for compliance of the orders of the Hon'ble Court dated 10.10.2017 in LAASMP No.1420/2017 in LAAS No.574/2017 Counsel for the Appellant: 1. GP FOR APPEALS (AP) Counsel for the Respondent: 1. K RATHANGA PANI REDDY The Court made the following: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE KIRANMAYEE MANDAVA LAND ACQUISITION APPEAL SUIT NOs.570 AND 574 OF 2017 COMMON JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand) Aggrieved by the common order, dated 30.08.2014 in L.A.O.P.Nos.22 and 23 of 2013 passed by the Principal Senior Civil Judge, Nandyal, the State preferred the present appeals. 2. Head Sri S. Bala Mohan Rao, learned Government Pleader for Appeals and Sri K. Rathangapani Reddy, learned counsel for the respondents/claimants. 3. For the purpose of excavation of Owk Reservoir Complex, Stage-II of Srisailam Right Branch Canal (SRBC), an extent of Ac.1-873 cents situated in Cherlopalli Village belonging to the respondents/claimants was acquired pursuant to a Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as “the Act”), dated 18.02.2005. Several extents of land situated in the same village were acquired through different notifications. In so far as the subject matter land is concerned, the Land Acquisition Officer classified the same as dry land and fixed the compensation @ Rs.72,000/- per acre. Aggrieved by the said fixation, the respondents/claimants, invoking Section 18 of the Act and sought compensation @ Rs.5,00,000/- per acre. 4. Before the learned Reference Court, on behalf of the respondents/ claimants, R.W.1 to R.W.3 were examined and Ex.B.1 to Ex.B.8 were marked. On behalf of the Referring Officer, no oral evidence was adduced, but Ex.A.1 to Ex.A.3 were marked with consent. 5 5. The learned Reference Court, after considering the material on record, both oral and documentary, determined the compensation @ Rs.3,78,000/- per acre. 6. At the time of hearing of the present appeals, it is brought to the notice of this Court that a Division Bench of this Court, while considering a batch of review petitions filed by the respondents/claimants in the appeals filed by the State, upheld the compensation fixed by the Reference Court @ Rs.3,78,000 /- per acre and allowed the review petitions by order, dated 18.07.2025, and dismissed the appeals preferred by the State. 7. From a perusal of the said order, it is evident that the said batch of appeals are in respect of the very same project and award in respect of the lands therein is passed on 28.02.2006 vide Award No.27/2005-06. A detailed order was passed in the said batch of cases, wherein the compensation enhanced by the learned Reference Court was upheld, and the appeals preferred by the State were dismissed. The said order is squarely applicable to the case on hand, and therefore, for the reasons alike, the present appeals are dismissed. 8. 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. NOs.570 AND 574 OF 2017 Dt. 29.01.2026 PGR