APHC010641742011

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3495]

THURSDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

LAND ACQUISITION APPEAL SUIT NOs.696, 721, 747, 763, 766, 1091, 1139, 1144, 1145 and 1149 of 2011

Between:

L.A.A.S. No.696 of 2011

1.LAND ACQUISITION OFFICER, SEPCIAL DEPUTY COLLECTOR, LAND ACQUISITION, AND REHABILITATION, SRISAILAM PROJECT, KURNOOL DISTRICT.

...APPELLANT

AND

1. CHINNA CHENNAPPA, S/o. G.Pedda Chennappa, Bilakala Guduru (V), Gadivemula (M), Kurnool District.

...RESPONDENT

Appeal against the order and decree passed in OP No.195/2008 on the file of the II Additional Senior Civil Judge, Nandyal dated: 19-01-2010

IA NO: 1 OF 2011 (LAASMP 1237 OF 2011)

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 336 days in presenting the above appeal and pass

IA NO: 2 OF 2011 (LAASMP 2273 OF 2011)

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 stay of all further proceedings in pursuance of the Judgment and decree passed in OP No.195 of 2008, dated 19-1-2010 on the file of II Addl. Senior Civil Judge, at Nandyal including Execution proceedings in EP No. 143/11 pending disposal of the appeal and pass

Counsel for the Appellant:

1.GP FOR APPEALS (AP)

Counsel for the Respondent:

1.HARIJA AKKINENI

The Court made the following COMMON JUDGMENT: (per NJS,J)

The present batch of appeals are preferred by the State aggrieved by the orders of the Reference Court in enhancing the compensation from Rs.84,000/- to Rs.1,58,000/- per acre in respect of the subject matter lands acquired for the purpose of widening of Srisailam Right Bank Canal. Pursuant to the Notification issued under Section 4(1) of the Land Acquisition Act, 1894, Award No.5 of 2007 was passed on 07.7.2007. The Land Acquisition Officer had fixed the market value of the lands at the rate of Rs.84,000/- per Acre in respect of the lands covered under Category No.I, Rs.32,000/- per Acre in respect of the lands covered under Category No.II, and Rs.20,000/- per Acre in respect of the lands covered under Category No.III. Aggrieved by the quantum of compensation fixed, while raising protest, the claimants sought for reference under Section 18 of the Land Acquisition Act, 1894.

2. The learned Reference Court, after considering the matter with reference to the oral and documentary evidence adduced before it, by a common order dated 19.1.2010 disposed of the Land Acquisition Original Petitions enhancing the compensation in respect of the lands covered under Category No.I from Rs.84,000/- to Rs.1,58,000/- per acre. Though

from a reading of the said Common Order, it would appear that the Learned Reference Court had enhanced the compensation in respect of the other two Categories of the lands, the present Appeals have been preferred by the State aggrieved by the enhancement of the compensation in respect of the lands covered under Category No.l. Be that as it may.

$3.$ At the time of considering the Appeals, Mr.T.S.Rayalu, learned Government Pleader representing the State, while placing a copy of the common judgment dated 21.8.2023, fairly submits that a Division Bench of this Court had considered a batch of appeals arising out of the proceedings in respect of the land acquired for the purpose of widening Srisailam Right Bank Canal under the very same Award No.5 of 2007. As seen from the said common judgment, it is discernible that the Division Bench while considering the matter with reference to the decisions of the Hon'ble Supreme Court in Om Prakash vs. Union of India¹ as also a decision of a Division Bench of the erstwhile High Court of Andhra Pradesh in K.V.Ramana Reddy vs. Special Deputy Collector², was not inclined to interfere with the orders of the Reference Court enhancing the compensation in respect of the lands covered under Category No.I. The Division Bench by a detailed order dismissed the appeals preferred by the State.

$\overline{4}$ We have gone through the common judgment in L.A.A.S. Nos.916 of 2011 and batch, dated 21.8.2023. The Hon'ble Division Bench approved the enhancement of the compensation from Rs.84,000/- to Rs.1,58,000/- per acre made by the Reference Court on the basis of Ex.B.4 and we see no reason to take a different view. In the light of the

$\mathbf{3}$

^&lt;sup>1</sup> (2004) 10 SCC 627<br>² 2013 (6) ALT 649 (DB)

well considered common judgment of the Division Bench and for the reasons alike, the present appeals are liable to be dismissed.

5. Accordingly, the appeals are dismissed and the common order of the Reference Court is upheld. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

____________________ NINALA JAYASURYA,J

______________________ T MALLIKARJUNA RAO,J

August 22, 2024 vasu

$\mathsf{To},$

Two CD Copies $2.$

LAAS_696_2011_batch

HIGH COURT NJSJ ,TMRJ DATED:22/08/2024

ORDER LAAS 696/2011