Judgment reserved on : 27.11.2025 APHC010554002013 Judgment pronounced on : 03.03.2026 Judgment uploaded on : 03.03.2026 IN THE HIGH COURT OF ANDHRA PRADESH [3545]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE THIRD 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: 350/2013 Between:

1. SPECIAL DEPUTY COLLECTOR (LA) & LAO,, GAS AUTHORITY OF INDIA LIMITED, VIJAYAWADA, PRESENTLY AT RAJAHMUNDRY ...APPELLANT AND

1. LANKA VENKATESWARA RAO, S/o. Late Raghunatha Rao, G.Konduru Village and Mandal, Krishna District.

...RESPONDENT Counsel for the Appellant: 1. SINGAM SRINIVASA RAO Counsel for the Respondent: 1. K RATHANGA PANI REDDY LAND ACQUISITION APPEAL SUIT NO: 322/2018 Between:

1. LANKA VENKATESWARA RAO, SON OF (LATE) RAJGHUNATHA RAO, AGED ABOUT 50 YEARS, G.KONDURU VILLAGE AND MANDAL, KRISHNA DISTRICT.

...APPELLANT AND

1. SPECIAL DEPUTY COLLECTORLA AND LAO, Gas Authority of India Limited, Vijayawada Presently at Rajahrnundry ...RESPONDENT Counsel for the Appellant:

1. K RATHANGA PANI REDDY Counsel for the Respondent:

1. SINGAM SRINIVASA RAO The Court made the following:

THE HONOURABLE SRI JUSTICE BATTU DEVANAND And THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA LAAS No.350 of 2013 and 322 of 2018 COMMON JUDGMENT: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

Introductory:-

[i] These Appeals are filed under Section 54 of the Land Acquisition Act, 1894 [for short ‘the Act’ ] and directed against the orders dated 28.02.2013 passed in LAOP No.26 of 2005 by the learned Senior Civil Judge, Nuzvid.

[ii] The Special Deputy Collector (L.A.) and Land Acquisition Officer, Vijayawada, who made reference under Section 18 of the Land Acquisition Act, 1894 is the appellant in LAAS No.350 of 2013 and the appeal in LAAS No.322 of

2018 is filed by the claimant /Lanka Venkateswra Rao

2. Questioning the compensation fixed as excessive, the Referring Officer has filed the appeal, whereas questioning the compensation awarded as inadequate and insufficient, the claimant has filed the appeal.

3. For the sake of convenience, parties will be referred to as ‘the claimant”

and referring officer.

4. [i] For the construction of Booster Station by the Gas Authority of India Ltd., Vijayawada, land measuring Ac.23.36 cents in G. Konduru village was acquired under award No.1/2003, dated 02.08.2003, the Land Acquisition Officer fixed the compensation of Rs.1,00,000/- per acre for certain lands and Rs.1,25,000/- per acre for certain other lands, apart from other incidental benefits.

[ii] Considering the protest of the claimant as to inadequacy of compensation and the price fixed and also the objection as to non-consideration of crop etc., reference was made in terms of section 18 of the land Acquisition Act.

Case of the claimant :-

5. [i] The land of claimant in an extent of 0.17 cents in R.S.No.245/B1 and in an extent of Ac.0.80cents in R.S.No.247/1C of G.Konduru village was acquired.

[ii] Land Acquisition Officer failed to consider the circumstances and mechanically fixed the compensation, which is very low.

[iii] The land fetched @Rs.16,00,000/- per acre, when it is sold as residential plots, in surrounding areas.

[iv] Minimum value of the land cost is @Rs.12,50,000/- which was ignored.

[v] Advance possession was taken.

[vi] As promised employment was not provided to the claimant.

[vii] Compensation fixed for the crop @Rs.45,900/- is also very low.

[viii] The claimant is entitled for compensation for the land @Rs.5,00,000/-

per acre as minimum and more than what is awarded for standing crop, trees and plants.

Case of the Land Acquisition Officer:-

6. [i] The figures referred by the claimant are exaggerated.

[ii] The sale transactions in the village for the relevant period were rightly considered, covering the years 1999 to 2002.

[iii] Registration statistics for (3) years preceding the last date of publication of notification under Section 4(1) of the Land