APHC010428072016

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3526]

(Special Original Jurisdiction)

THURSDAY, THE THIRTY FIRST DAY OF JULY

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

LAND ACQUISITION APPEAL SUIT Nos. 36, 39, 42, 66 & 70 of 2016

LAAS No.36 of 2016:

BETWEEN:

1. The Special Deputy Collector - cum - Land Acquisition Officer,

Telugu Ganga Project, Nandyal

...Appellant

AND

1. G Chennamma W/o. Kondanna aged about 67 years, r/o. Velagalapalle village, Rudravaram Mandal, Kurnool District

...Respondent

The Appeal is filed to allow the above appeal and set aside the

order and decree dt.30.10.2015 on the file of Senior Civil Judge,

Allagadda.

Counsel for the Appellant:

1. GP FOR APPEALS (AP)

Counsel for the Respondent:

1. BALLA RAVINDRANATH & SAVITHRI DEVI

The Court made the following:

COMMON JUDGMENT: (Per Hon’ble Sri Justice Ninala Jayasurya Heard Mr. T.S.Rayalu, learned Government Pleader for Appeals.

Also heard Smt. Savithri Devi, learned counsel for the respondents /

claimants, who appeared through online.

2. Aggrieved by a Common Order dated 30.10.2015 in L.A.O.P.Nos. 117, 149, 118, 148 and 119 of 2012, on the file of the Court of Senior Civil Judge, Allagadda, the State preferred the present batch of appeals.

The respondents herein are the claimants in the said O.Ps.

3. For the purpose of excavation of 19/4L Major Distributory in Block No.19 of Telugu Ganga Project, Nandyal, the Special Deputy Collector / Land Acquisition Officer issued a Notification dated 24.06.2006 under Section 4 (1) of the Land Acquisition Act (hereinafter referred to as ‘the Act’) for acquisition of land in the village limits of Velagalapalli Village, Rudravaram Mandal belonging to the respondents / claimants. The Land Acquisition Officer by conducting Award enquiry, classified the lands into two categories i.e., (i) rainfed dry lands, (ii) irrigated dry lands and fixed the market value @ Rs.38,000/- and Rs.48,000/- per acre respectively. The respondents / claimants while receiving the compensation under protest sought reference under Section 18 of the Act.

4. Before the Reference Court, the respondents claimed an amount of Rs.2,00,000/- per acre and in support of their case, examined P.W.1 to P.W.4 (some of the claimants) and got marked Ex.A1-Certified Copy of the Registered Sale Deed dated 16.06.2003 and Ex.A2. Rudravaram Mandal Map. On behalf of the Referring Officer, no oral evidence was adduced. Attested Copy of the Award was marked as Ex.B1.

5. The Reference Court, on an appreciation of the oral and documentary evidence, enhanced the compensation in respect of subject lands to Rs.1,30,000/- per acre.

6. Mr. T.S.Rayalu, the learned Government Pleader, vehemently contends that the enhancement of the compensation by the Reference Court is without any valid basis. He submits that the respondents / claimants have not adduced any cogent evidence to substantiate their claim for enhancement of the compensation. He argues that Ex.A1-Sale transaction dated 16.06.2003 is in respect of the lands situated in altogether a different village i.e., Chinna Kambaluru village, and even according to the respondents / claimants, the distance between the said village and the subject matter lands under acquisition situated in Velagalapalli is about 10 Kms. Therefore, the said sale transaction ought not to have been taken into consideration and the value fixed by the Land Acquisition Officer by taking the sale statistics at the time of Award enquiry ought to have been approved by the Reference Court. Making the said submissions, the learned counsel urges for allowing the appeals.

7. On the other hand, Smt.Savithri Devi, learned counsel for the respondents / claimants appearing through online made submissions to sustain the order of the Reference Court. She contends that the Reference Court considered both oral and documentary evidence in the proper perspective and in the light of the settled legal positi