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2026:APHC:31969

Judgment reserved on : 27.11.2025

APHC010590312013

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: 352/2013

Between:

1. S PECIAL DEPUTY COLLECTOR (LA) & LAO, GAS AUTHORITY OF

INDIA LIMITED, VIJAYAWADA, PRESENTLY AT RAJAHMUNDRY.

...APPELLANT

AND

1. T ADIKONDA VENKATA RATTAYYA, S/o Narasimha Rao, G.Konduru

Village & Mandal, Krishna District.

...RESPONDENT

Counsel for the Appellant:

1. SINGAM SRINIVASA RAO

Counsel for the Respondent:

1. CH B R P SEKHAR

The Court made the following:

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2026:APHC:31969

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

And

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

LAAS No.352 of 2013

JUDGMENT: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

Introductory:-

[i] This appeal is 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.25 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 (1) of the Land Acquisition

Act, 1894 filed the present appeal, questioning the compensation fixed as

excessive.

2. For the sake of convenience, parties will be referred to as the claimants

and referring officer.

Facto matrix:-

3. [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

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2026:APHC:31969

Rs.1,25,000/- per acre for certain other lands, apart from other incidental

benefits.

[ii] Considering the application/protest of the claimant/ one Tadikonda

Venkata Rattayya as to inadequacy of compensation and the price fixed and also

the objection as to non-consideration of crop etc., present in the lands, reference

was made in terms of section 18 of the land Acquisition Act.

Case of the claimant :-

4. [i] The land in an extent of Ac.1.19 cents in R.S.No.247/1A, Ac.2.32

cents in R.S.No.248/1B and Ac.0.61½ cents in R.S.No.245/B1 of G.Konduru

village of G.Konduru Mandal, Krishna District belonging to the

claimant/Tadikonda Venkata Rattayya was acquired.

[ii] Land Acquisition Officer failed to consider the circumstances and

mechanically fixed the compensation.

[iii] The land fetches @₹10,00,000/- to Rs.16,00,000/- per acre, when it

is sold as residential plots, in surrounding areas.

[iv] Minimum value of the land cost is ₹10,00,000/- per acre, but it is

ignored by the Land Acquisition Officer.

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

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[vi] The claimant is entitled for compensation for the land

@Rs.12,50,000/- per acre as minimum, and more than what is awarded for

standing crop, trees and plants.

Case of the Land Acquisition Officer:-

5. [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 Acquisition Act, was

considered.

[iv] Two sales in the year 1999, 34 sales in the year 2000, 27 sales in

the year 2001, 16 sales in the year 2002, were considered and arrived at the

conclusions to fix the market value @Rs.1,25,000/- per acre in respect of the

lands nearer to the road and Rs.1,00,000/- per acre in respect of the lands far

away from the road.

[v] As per the basic register maintained by the Sub-Registrar, the value

of the land is Rs.40,000/- per acre.

[vi] The rates of cotton paddy, paragrass, Deenanadh grass, green

gram