Piduru Ramasubbamma vs The Special Deputy Collector
2023 Latest Caselaw 4691 AP

Citation : 2023 Latest Caselaw 4691 AP
Judgement Date : 5 October, 2023

Andhra Pradesh High Court - Amravati

Piduru Ramasubbamma vs The Special Deputy Collector on 5 October, 2023

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
                                   AND
     THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

               L.A.A.S. Nos.61 of 2022 AND 63 of 2022

COMMON JUDGMENT: (Per Hon'ble Sri Justice Cheekati Manavendranath Roy)

      These appeals are filed aggrieved by the orders of the Reference

Court, whereby the claim of the appellants for enhancement of

compensation for the trees available in the lands that were acquired

was dismissed.

2.    Heard learned counsel for the appellants and Sri M.K.Raj

Kumar, learned Government Pleader for Appeals for the respondents.

3. Since the common issue is involved in these two appeals

relating to the enhancement of compensation to the trees available in

the lands that were acquired, these two appeals are heard together

and they are being disposed of by this common judgment.

4. The lands of the appellants were acquired for the purpose of

foreshore submersion of Kadaleru reservoir under Telugu Ganga

Project by issuing various notifications. Compensation was

accordingly paid for the lands that were acquired. Now there is no

dispute relating to the compensation that was paid for the lands that

were acquired. The controversy involved in these appeals only

pertains to the compensation that was fixed for various trees that are 2 CMR, J.& TRR, J LAAS Nos.61 & 63 of 2022

available in the said lands that were acquired. The Land Acquisition

Officer has fixed the value of the trees as shown in the awards. Not

satisfied with the value fixed for the trees by the Land Acquisition

Officer, the appellants sought reference under Section 18 of the Land

Acquisition Act, 2013. Accordingly, the matter was referred to the

Civil Court (hereinafter called 'reference Court', for short).

5. The reference Court declined the request of the appellants to

enhance the compensation of the trees on the sole ground that the

material on record shows that there are only plants available in the

lands and they did not reach to the fruit bearing stage and, as such,

they are not entitled for enhancement of compensation.

6. The legal position whether the claimants are entitled for

enhancement of compensation even in respect of the trees which are

not fruit bearing is not res integra and the same has been well

settled. This Court in L.A.A.S.No.52 of 2019, granted compensation

of Rs.2,500/- for each pomegranate tree. Even though it was found

in the said case that the trees are only 12 months old and that they

are not fruit bearing trees at that time, still the Court has enhanced

the compensation. The said compensation was granted on the basis

of the ratio laid down in Ashok Kumar v. State of Haryana1 by the

Apex Court. Based on the said judgment, again, this Court recently

in L.A.A.S.No.2 of 2023 also, enhanced the compensation for the

(2016) 4 SCC 544 3 CMR, J.& TRR, J LAAS Nos.61 & 63 of 2022

trees even though they are found to be not fruit bearing trees at the

time of the acquisition. Therefore, despite the fact that there are only

plants available in the lands that were acquired and they are not

fruit bearing trees at that time, it is now well settled that the

claimants are entitled for enhancement of compensation.

7. As regards the compensation for various trees that are

available in the acquired lands, this Court in L.A.A.S.No.417 of 2008,

granted compensation in respect of various trees as detailed

hereunder:

Mango, Acid Lime, Coconut, : Rs.3,000/- per tree Guava, Jack-fruit & Sapota (Sapodilla) Tamarind : Rs.6,000/- per tree Cheeni (Sweet Orange) : Rs.4,000/- per tree Soap-nut : Rs.5,000/- per tree Pomegranate : Rs.2,500/- per tree Cashew nut trees : Rs.2,500/- per tree Drumstick & Neredu (Black- : Rs.2,000/- per tree plum) Dates & palmyra trees : Rs.300/- per tree Remaining trees : Rs.400/- per tree

8. Following the said judgment, Co-ordinate Division Bench of

this Court again in L.A.A.S.No.28 of 2019 and batch, by way of the

common judgment rendered on 05.11.2019, awarded compensation

for the trees at the same rate. Therefore, in view of the aforesaid 4 CMR, J.& TRR, J LAAS Nos.61 & 63 of 2022

judgments, the appellants herein are also entitled for enhancement

of compensation for the trees available in the lands that were

acquired in these appeals also at the same rate.

9. Resultantly, the two appeals are allowed, enhancing the

compensation for the trees available in the acquired lands, as

detailed supra, with all statutory benefits on the enhanced

compensation. However, the appellants are not entitled to statutory

benefits during the period of delay in filing the appeals. The