The main legal point established in the judgment is the entitlement to compensation for land disputes and the determination of interest rates based on the evidence presented.

JUDGMENT :

This appeal is filed by the appellants challenging the judgment and decree, dated 24-7-2002, in O.S.No.142 of 1996, passed by the learned Additional Senior Civil Judge, Rajahmundry, East Godavari District. The respondents herein are the plaintiffs and the appellants are the defendants in the said suit.

2. The parties will hereinafter be referred to as arrayed before the trial Court.

3. The respondents/plaintiffs filed the suit claiming compensation of Rs.1,42,120/- towards damages for removing coconut trees with subsequent interest at 24% per annum from the defendants.

4. In a nutshell, the averments in the plaint are as follows:

(a) The plaintiffs are residents of Muramanda village and they are having their own lands in that village in various Survey numbers and are cultivating the same in their own right and title. While so, under the supervision of 1st defendant, defendants 2 and 3 digged the drain by name ‘Nalluri Drain’ through the plaintiffs’ land at Muramanda village and at the time of digging the drain, the defendants with the support of their office staff removed the plaintiffs’ coconut trees totally which are in good and healthy yielding condition and aged about 12 years. After removing the said coconut trees by the defendants, the 2nd defendant awarded compensation towards damages for removing coconut trees at Rs.7,650/-, Rs.7,650/-, Rs.37,400/- Rs.6,800/- and Rs.21,250/- to each of the plaintiffs respectively and the said compensation is calculated as per G.O.Ms.No.601 Revenue (LA) Department, dated 19-6-1992 and the compensation has sanctioned by the 2nd defendant on 17-5-1993.

(b) The 3rd defendant has also issued a certificate dated 18-02-1993 to the plaintiffs stating as to how many coconut trees were removed, age of the removed trees and other particulars. In spite of repeated demands made by the plaintiffs, the defendants did not pay the said compensation to the plaintiffs. After the plaintiffs got issued notices under Section 80 of CPC on 14-5-1996 demanding the defendants to pay the said compensation amount which were received by the defendants, but failed to give any reply nor made any payments. The 2nd plaintiff died on 09-01-1996 during the pendency of the suit and legal representatives of deceased 2nd plaintiff are impleaded as plaintiffs 6 to 9 and a joint decree is accordingly prayed for in their favour. Hence, the suit.

5. Brief averments of the written statement filed by the 2nd defendant, which is adopted by defendants 1 and 3, are as follows: The Central Emergency Relief Project (CERP) has taken up the work for improvement of Nalluru Drain during the year 1992-93 and it passes through Muramanda village of Kadiyam Mandal and the lands of plaintiffs are situated in that village. During the execution of work for improvement of said drain, lands of the adjacent ryots i.e. the plaintiffs’ lands were occupied, as such coconut trees of the ryots have fallen within the drain margin. The 1st defendant has called proposals for payment of compensation through CERP for the trees lost during the execution of the work and accordingly proposals were submitted to the 1st defendant for payment of compensation for the trees lost. The compensation is calculated according to G.O.Ms.No.601, Revenue (LA) Department, dated 19-5-1992. Compensation lists were published in the notice boards of the office of 3rd defendant, village chavidi and panchayat office as per the instructions of the 1st defendant on 17-5-1993. The payment of compensation to the trees lost during the execution of work for improvement of the drains is still pending with the CERP. Therefore, the CERP sub-division, Dowlaiswaram, is proper and necessary party to the suit and these defendants have nothing to do with the suit. This defendant has assessed the value of the compensation with regard to the said G.O. and published as per direction of the 1st defendant with an intention that any objection may raise regarding the fixation of value of the trees