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Judgment reserved on : 13.11.2025 APHC010608102018 Judgment pronounced on : 16 .03.2026 Judgment uploaded on : 16.03.2026 IN THE HIGH COURT OF ANDHRA PRADESH [3545]
AT AMARAVATI (Special Original Jurisdiction)
MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA LAND ACQUISITION APPEAL SUIT NO: 213/2018 Between:
1. DATLA RADHA JAYA LAKSHMI, REPRESENTED BY ITS GPA HOLDER G RAMA VARMA S/O SURYANARAYANA RAJU, AGED 72 YEARS R/O JANGAREDDYGUDEM, WEST GODAVARI DISTICT, AP ...APPELLANT AND
11. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, Yerrakaaluva Project, Jangareddigudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 210/2018 Between:
1. GORINTA UDAYA KUMAR, REPRESENTED BY ITS GPA HALER G VIJAYA RAMA RAJU S/O SURVANARAYANA RAJU AGED 63 YEARS R/O JANGAREDDYGUDEM, WEST GODAVARL DISTICT, AP ...APPELLANT AND
1. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, Yerrakaaluva Project, Jangareddigudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 211/2018 Between:
1. G RAMESH KUMAR, REPRESENTED BY ITS GPA HOLDER G VIJAYA RAMA RAJU S/O SURYANARAYANA RAJU, AGED 63 YEARS R/O JANGAREDDYGUDEM, WEST GODAVARI DISTICT, AP ...APPELLANT AND
1. SPECIAL DEPUTY COLLECTOR, Yerrakaaluva Project, Jangareddigudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 214/2018 Between:
1. POTTELU SUBBA RAO, S/O MULLAYYA, AGED ABOUT 66 YEARS, R/O BORRAMPALEM, T NARSAPURAM MANDAL, WEST GODAVARI DISTRICT, AP ...APPELLANT AND
1. SPECIAL DEPUTY COLLECTORLAND ACQUISITION, Yerrakaaluva Project, Jangareddigudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 216/2018 Between:
1. VEGESINA SRINIVASA RAJU, R/O JANGAREDDYGUDEM, WEST GODAVARI DISTICT, AP ...APPELLANT AND
1. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, Yerrakaaluva Project, Jangareddigudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 217/2018 Between:
1. ALLURI PARVATHAMA, REPRESENTED BY ITS GPA HOLDER ALLURI AJAY KUMAR S/O RAMAKRISHNAM RAJU, AGED 54 YEARS R/O 701, C BLOCK, NCC UNRAN, OPP NASR BOYS SCHOOL, GACHIBOWLI, HYDERABAD - 500032, TELANGANA ...APPELLANT AND
1. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, Yerrakaaluva Project, Jangareddigudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 218/2018 Between:
1. VEGESINA VENKATA RAMA KRISLINAM RAJU, REPRESENTED BY ITS GPA HOLDER G VIJAYA RAMA RAJU S/O SURYANARAYANA RAJU, AGED 63 YEARS R/O JANGAREDDYGUDEM, WEST GODAVARI DISTICT, AP ...APPELLANT AND
1. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION YERRAKAALUVA PROJECT, Jangareddy Gudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 219/2018 Between:
1. KUNAPARAJU NAGA JYOTHI, REPRESENTED BY ITS GPA HOLDER G RAMA VARMA S/O SURYANARAYANA RAJU, AGED 72 YEARS R/O JANGAREDDYGUDEM, WEST GODAVARI DISTICT, AP ...APPELLANT AND
1. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION YERRAKAALUVA PROJECT, Jangareddigudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 220/2018 Between:
1. INDUKURI SAILAJA KUMARI, REP BY ITS GPA HOLDER G RAMA VARMA, S/O.SURYANARAYANA RAJU, R/O.JANGAREDDYGUDEM, WEST GODAVARI DISTRICT ...APPELLANT AND
1. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, Yerrakaaluva Project, Jangareddigudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 223/2018 Between:
1. RUDRARAJU ALIVELU MANGATAYARU, REPRESENTED BY ITS GPA HOLDER G RAMA VARMA S/O SURYANARAYANA RAJU, AGED 72 YEARS R/O JANGAREDDYGUDEM, WEST GODAVARI DISTICT, AP ...APPELLANT AND
1. SPECIAL DEPUTY COLLECTORLAND ACQUISITION, Yerrakaaluva Project, Jangareddigudem ...RESPONDENT Counsel for the Appellant/s:
1. P GOPAL DAS Counsel for the Respondent: 1. THE ADVOCATE GENERAL LAND ACQUISITION APPEAL SUIT NO: 281/2018 Between:
1. SPECIAL DEPUTY COLLECTOR, LAND ACQUSITION OFFICER, YERRAKALUVA PROJECT, JANGAREDDYGUDEM.
...APPELLANT AND
1. SRI VEGESINA VENKATA RAMAKRISHNAMRAJU, , S/o.
Suryanarayanaraju, Rio. Singarayapalem, T.Narasapuram Mandal, Chintalapudi, JCJC. Rep., by G.P.A. holder Sri G. Vijaya RamaRaju, S/o. Suryanarayana Raju, Aged63 years, Jangareddygudem, Jangareddygudem Mandal, and JCJC ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 282/2018 Between:
1. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION OFFICER, YERRAKALUVA PROJECT, JANGAREDDYGUDEM.
...APPELLANT AND
1. GORENTLA RAMESH KUAMR, S/o.Vijayaramaraju,age 45 years R/o.
Singarayapalem,T.Narsapuram Mandal,Chinthalapudi JCJc, Rep., by G.P.A. holder Sri G. Vijaya Ramaraju, S/o. Suryanarayana Raju, Aged 63 years, Jangareddygudem, Jangareddygudem Mandal, and JCJC.
...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 283/2018 Between:
1. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION OFFICER, YERRAKALUVA PROJECT, JANGAREDDYGUDEM.
...APPELLANT AND
1. SMT KUNAPARAJU NAGA JYOTHI, W/o. Nityanandaraju, R/o.
Visakhapatnam, Rep., by G.P.A. holder Sri G. Rama Varma, S/o. Suryanarayana Raju, Aged 72 years, Jangareddygudem, Jangareddygudem Mandal, and JCJC.
...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 284/2018 Between:
1. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION OFFICER, YERRAKALUVA PROJECT, JANGAREDDYGUDEM ...APPELLANT AND
1. POTTELU SUBB RAO, S/o.Mullayya,age 66 years R/o.
Borrampalem,T.Narsapuram Mandal,Chinthalapudi JCJC ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 285/2018 Between:
1. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION OFFICER,, YERRAKALUVA PROJECT, JANGAREDDYGUDEM.
...APPELLANT AND
1. SRI GORENTALA UDYA KUMAR, S/o.Vijayaramaraju,age 42 years R/o.
Singarayapalem,T.Narsapuram Mandal,Chinthalapudi JCJc, Rep., by G.P.A. holder Sri G. Vijaya Ramaraju, S/o. Suryanarayana Raju, Aged 63 years, Jangareddygudem, Jangareddygudem Mandal, and JCJC.
...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 286/2018 Between:
1. SPECIAL DEPUTY COLLECTOR LAND ACQUSITION OFFICER, YERRAKALUVA PROJECT, JANGAREDDYGUDEM.
...APPELLANT AND
1. DATLA RADHA JAYA LAKSHMI, W/o.Ravindharaju,age 41 years R/o.
Visakhapatnam, Rep., by G.P.A. holder Sri G. Rama Varma, S/o. Suryanarayana Raju, Aged 72 years, Jangareddygudem, Jangareddygudem Mandal, and JCJC ...RESPONDENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA LAND ACQUISITION APPEAL SUIT NO: 287/2018 Between:
1. SPECIAL DEPUTY COLLECTOR. LAND ACQUISTION OFFICER,, YERRAKALUVA PROJECT,JANGAREDDYGUDEM ...APPELLANT AND
1. RUDRARAJU ALIVELU MANGA TAYARU, W/o Suryanarayanaraju, R/o Kakinada, Kakinada JCJC, ARep., by GPA holder Sri.G.Rama Varam, S/o Suryanarayana raju, aged 72yrs, Jangareddygudem ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 289/2018 Between:
1. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION OFFICER, YERRAKALUVA PROJECT, JANGAREDDYGUDEM.
...APPELLANT AND
1. SRI VEGESINA SRINIVASARAJU, S/o. Suryanarayanaraju, R/o.
Visakhapatnam, Rep., by G.P.A. holder Sri G. Vijaya RamaRaju, S/o. Suryanarayana Raju, Aged 63 years, Jangareddygudem, Jangareddygudem Mandal, and JCJC ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 290/2018 Between:
1. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION OFFICER, YERRAKALUVA PROJECT, JANGAREDDYGUDEM ...APPELLANT AND
1. SMT ALLURI PARVATHAMMA, Wo.Ramakrishnam raju,age 64 years Rio.
Amalapuram,rep/by G.P.A.Holder Alluri Ajya Kumar,S/o Ramakrishnam Raju,age 51 years,City Civl Courts,Hyderbad ...RESPONDENT LAND ACQUISITION APPEAL SUIT NO: 298/2018 Between:
1. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION OFFICER,YERRAKALUVA PROJECT, JANGAREDDYGUDEM.
...APPELLANT AND
1. SMT INDUKURI SAILAJA KUMARI, W/o. Ramaraju,Age 44 years R/o.
Visakhapatnam, Rep., by G.P.A. holder Sri G. Rama Varma, S/o. Suryanarayana Raju, Aged 72years, Jangareddygudem, Jangareddygudem Mandal, and JCJC ...RESPONDENT Counsel for the Appellant:
1. THE ADVOCATE GENERAL (AP)
Counsel for the Respondent:
1. P GOPAL DAS THE HON’BLE SRI JUSTICE BATTU DEVANAND And THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA LAND ACQUISITION APPEAL SUIT Nos. 213, 210, 211, 214, 216, 217 218, 219, 220, 223, 281, 282, 283, 284, 285, 286, 287, 289, 290 & 298 of
2018 And I.A.No.1 of 2025 in LAAS No.281 of 2018 COMMON JUDGMENT and
COMMON JUDGMENT and ORDER: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)
Introductory:-
(i) These batch of appeals are filed under Section 54 of the Land Acquisition Act 1894, arising out of a batch of references in terms of Section 18 of the Land Acquisition Act, traceable to Award No.14 of 2005 Roc.No.A.100/2003 passed by the Special Tahsildar(LA), Jangareddigudem dated 28.02.2005 under Section11(1) of the Land Acquisition Act, 1894 [for short referred as ‘the Act’] pursuant to the notification under Section 4(1) of the Land Acquisition Act, invoking urgency of the provisions under Land Acquisition Act, dispensing with enquiry under Section 5-A of the Act, which was approved in the proceedings of West Godavari Collector vide ROC.G3/5885/2003 dated 20.10.2003, and it was published in A.P. Gazette Extraordinary No.29 dated 24.10.2003, and notification was also published in local newspapers, Eenadu and Eluru Times.
(ii) I.A.No.1 of 2025 is filed by appellant in LAAS.No.281 of 2018 under Order-41 Rule-27 of CPC seeking permission to submit additional evidence.
2. The details of the land acquired, compensation awarded claimant wise and respective proceedings before the Reference Court with the appeal Numbers before this Court are as follows:-
3. For the sake of convenience, the parties will be hereinafter referred to as and how they are referred before the Reference Court.
4. Heard the learned Advocate General appearing for the State/Land Acquisition Officer and Sri P. Gopal Das, learned counsel appearing for the claimants.
5. References made in terms of Section 18 of the Act were taken on file as LAOPs mentioned in above table by the Referral Court and they were decided under Common Judgment dated 29.03.2018 by the I Additional District Judge, West Godavari, Eluru (hereinafter referred as ‘the Referral Court’).
6. Feeling dissatisfied by the decree and judgement passed by the learned Referral Court, both the claimant and the Referral Officer filed the appeals. The details of the appeals connected to the LAOPs are mentioned in the above table.
7. Common arguments are advanced by the both counsel on record in respect of all the (20) matters. Since the matters substantially involving similar questions of fact and law, barring the deference as to the extent of land acquired and trees available on lands claimant-wise, these appeals are now answered by this common Judgement.
Facto Matrix:-
8. [i] Land covering various Survey Numbers including R.S.Nos.1/2, 1/8A, 1/9A, 53/5A2 etc., of Vallampatla Village of T. Narasapuram Mandal, West Godavari District in an extent of 105.79 cents was acquired for foreshore submersion area under Yerra Kalava Reservoir project for public purpose, invoking the urgency provisions under Section 17 (4) of the Land Acquisition Act, dispensing with the enquiry under Section 5-A of the Land Acquisition Act.
[ii] The Land Acquisition Officer after obtaining registration statistics in the vicinity of the lands under acquisition and on inspection of the lands under acquisition as well as the lands covered by the sales transactions fixed the market value. He has considered the sales of the year 2000, 2001, 2002, 2003 and observed that lands involved in acquisition are being cultivated with wet paddy, sugar cane, cashew nut and mango gardens, coconut with coco as inter crop. Bamboo garden and oil palm gardens with availability of bore wells in respect of certain lands.
[iii] Taking into consideration his discrete enquiries and the sale transactions etc., fixed the rate of land @Rs.57,000/- per acre along with statutory benefits i.e., 30% solatium etc.. In respect of certain lands consent Award was passed by awarding @Rs.1,00,000/- per acre inclusive of all benefits, whereas some land owners like the present claimants, demanded for higher compensation and refused to give consent, hence, the award under challenge is passed, observing that the concerned authorities have fixed the abnormal rates for certain lands of Bamboo garde
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