Judgment reserved on : 27.11.2025 Judgment pronounced on : 03.03.2026 APHC010626052013 Judgment uploaded on : 03.03.2026 [3545]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND And THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA LAND ACQUISITION APPEAL SUIT NO: 355/2013 Between:

1. S PECIAL DEPUTY COLLECTOR (LA) & LAO, GAS AUTHORITY OF INDIA LIMITED, VIJAYAWADA, PRESENTLY AT RAJAHMUNDRY.

...APPELLANT AND

1. L ANKA KOTESWARA RAO, S/o Late Narasaiah, G.Konduru Village &

Mandal, Krishna Dist.

...RESPONDENT Counsel for the Appellant: 1. SINGAM SRINIVASA RAO Counsel for the Respondent: 1. K RATHANGA PANI REDDY

2. Y RAMA RAO LAND ACQUISITION APPEAL SUIT NO: 326/2018 Between:

1. L KOTESWARA RAO (DIED), KRISHNA

2. L .S.V.K.J.JAWAHAR, SON OF LANKA KOTESWARA RAO, HINDU, AGED ABOUT 48 YEARS, EMPLOYEE, RESIDING AT G.KONDURU VILLAGE, G.KONDURU MANDALAM, KRISHNA DISTRICT ...APPELLANT(S)

AND

1. S PECIAL DEPUTY COLLECTOR LA AND LAO, Gas Authority of India Limited, Vijayawada Presently at Rajahmundry ...RESPONDENT Counsel for the Appellant(S):

1. Y RAMA RAO

2. 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.355 of 2013 and 326 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.19 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.355 of 2013 and the appeal in LAAS No.326 of

2018 is filed by the legal heir of the claimant /Lanka Koteswara Rao.

2. Questioning the compensation fixed as excessive, the Referring Officer has filed the appeal, whereas questioning the compensation awarded is 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 Ac.0.17 cents in R.S.No.245/B1 and Ac.0.82 cents 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.

[iii] The land fetches @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 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 amounts 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 o