Kasumuru Venkata Subba Reddy Died vs The Special Deputy Collector
2023 Latest Caselaw 4012 AP

     THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                                    AND

       THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO


              LAND ACQUISITION APPEAL SUIT No.2 of 2023

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

      Aggrieved by the impugned order, dated 19.01.2004, passed in

L.A.O.P. No.17 of 1993 on the file of the learned Senior Civil Judge,

Gudur, whereby the reference under Section 18 of the Land

Acquisition Act (for short, "the Act") made at the instance of the

claimant for enhancement of compensation relating to pomegranate

trees acquired by the State for public purpose was dismissed, the

instant Appeal has been preferred by the claimant.


2.    Heard     learned   counsel     for   the   appellant   and   learned

Government Pleader for Appeals.


3.    The State has acquired certain lands of the owners including the

appellant herein for public purpose after issuing notification to that

effect. There are pomegranate trees situate in the said lands acquired.

In fact, lands of about eleven persons were acquired under the said

notification. The Land Acquisition Officer has fixed compensation at

the rate of Rs.9/- to Rs.75/- for various pomegranate trees situate in

the said lands of eleven persons. Not satisfied with the compensation

that was fixed for the said trees, the said land owners made a request

to refer the matter to the civil Court. Accordingly, the matter was

referred under Section 18 of the Act to the civil Court. The reference
                                    2

Court has dismissed the claim of the owners of the lands confirming

the compensation that was fixed by the Land Acquisition Officer for

the said trees.


4.       Aggrieved thereby, only eight persons out of eleven owners

preferred Appeal in L.A.A.S. No.52 of 2019 to this Court. This Court

has allowed the said Appeal of the said eight claimants and on the

basis of the decision of the Apex Court rendered in the case of Ashok

Kumar v. State of Haryana1, has enhanced the compensation to

Rs.2,500/- per each pomegranate tree as per judgment, dated

10.07.2019

. Copy of the said judgment is placed on record and on the

basis of the said judgment of this Court, learned counsel for the

appellant would submit that the appellant is also one of the owners of

the said lands acquired along with pomegranate trees in it and he is

also similarly placed with the appellants in L.A.A.S. No.52 of 2019 and

he is also entitled to enhancement of compensation per each tree to

Rs.2,500/-.

5. Learned Government Pleader for Appeals, while admitting the

fact that the appeal preferred by the other claimants in L.A.A.S. No.52

of 2019 was allowed granting compensation of Rs.2,500/- per each

pomegranate tree, he would contend that as the said trees are only 12

months old and as they are not fruit bearing trees at that time, that

the reference Court has dismissed the claim and as such, the

appellants are not entitled to any compensation.

(2016) 4 SCC 544

6. However, when compensation for the trees in the lands of the

other owners was enhanced to Rs.2,500/- in L.A.A.S. No.52 of 2019 by

this Court, and as the said judgment has become final, as it was not

questioned further by the State, the appellant herein, who is similarly

placed, is also entitled to similar relief. In spite of the fact that the said

contention was raised that the trees are 12 months old and they are

not fruit bearing trees, still this Court, on the basis of the ratio laid

down in Ashok Kumar v. State of Haryana (1 supra), enhanced the

compensation to Rs.2500/- per each tree. Therefore, the appellant,

who is similarly placed, is also entitled for the same compensation. So,

as it is a covered matter, we see no reason to disallow the claim of the

appellant herein.

7. Resultantly, the Land Acquisition Appeal Suit is allowed

enhancing the compensation per each pomegranate tree to Rs.2,500/-

with all statutory benefits on the enhanced amount. No costs.

As a sequel, miscellaneous applications, if any pending, shall

stand closed.

______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_____________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 04.09.2023 AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

LAND ACQUISITION APPEAL SUIT No.2 of 2023

Date: 04-09-2023

AKN