Citation : 2025 Latest Caselaw 4887 Tel
Judgement Date : 28 August, 2025
THE HON'BLE SRI JUSTICE G.CHANDRAIAH
AND
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL
L.A.A.S.NO.323, 512, 523, 518, 527, 531, 532, 533, 534, 535, 538, 542, 543,544, 548,
554, AND 555 OF 2010 AND 14 OF 2013
COMMON JUDGMENT (Per the Hon'ble Sri Justice G.Chandraiah)
The Principal Senior Civil Judge, Kurnool passed common order dated 12.3.2009 in
L.A.O.P.Nos.89, 63, 76, 77, 73, 74, 71, 65, 61, 81, 62, 70, 84, 83, 68, 79, 78, 88, 64 and 86
of 2006 enhancing the compensation awarded by the Land Acquisition Officer. Aggrieved
by the same, the Government filed separate, appeals, except L.A.A.S.No.512 of 2010,
against the common order in L.A.O.P.Nos.62, 77, 79, 89, 74, 81, 76, 88, 83, 63, 78, 61, 65,
84, 70, 64 and 71 of 2006.
2. The court of Principal Senior Civil Judge, Kurnool passed common order dated
2.3.2009 in L.A.O.P.Nos.49 and 50 of 2006 enhancing the compensation awarded by the
Land Acquisition Officer. Aggrieved by the order in L.A.O.P.No.49 of 2006, the
Government filed appeal in L.A.A.S.No.512 of 2010.
3. The subject lands in both the judgments of court below dated 2.3.2009 and
12.3.2009 are one and the same and they are acquired for the same purpose.
4. Heard the learned Government Pleader for Appeals and the learned counsel for
the respondents - claimants in all the appeals.
5. As the appeals arise out of the common order, they are heard together and are
being disposed of by this common judgment.
6. For excavation of H.N.S.S. Main canal, the lands in Sy.Nos.338/1A2, 338/1B1
and in other survey numbers in the vicinity of Basthipadu village, Kallur Mandal, and the
lands in Sy.Nos.376, 372 and 375 of Chinna Tekuru Village, Kurnool Mandal, were sought
to be acquired and accordingly Government issued notification under Section 4 (1) of the
Land Acquisition Act and eventually after complying with the statutory provisions, the Land
Acquisition Officer - cum - Special Deputy Collector, H.N.S.S., Unit IV Kurnool passed the
award dated 29.3.2006 bearing No.24/2005-06, for the lands in Sy.Nos.338/1A2, 338/1B1,
awarding Rs.25,000/- per acre for category I lands and Rs.40,000/- for category II lands,
along with statutory benefits. In award No.16/2006 dated 2.3.2009, for the lands in
Sy.Nos.376, 372 and 375, the Special Deputy Collector (L.A.) HNNS Unit IV Kurnool
awarded Rs.27,000/- per acre along with statutory benefits. Not being satisfied with the
compensation awarded by the Land Acquisition Officer, the claimants sought a reference
under Section 18 of the Act and the after reference, the civil court, for the lands under
award No.16/2006 enhanced the compensation from Rs.27,000/- per acre to Rs.1,42,940/-
. For the lands in Award No.24/2005-06 dated 29.3.2006, the civil court enhanced
compensation from Rs.25,000/- per acre to Rs.1,42,940/- for category I land and from
Rs.40,000/- to Rs.90,586/- for category II lands. The trial court also awarded solatium at 30
per cent and additional market value at 12 per cent per annum and interest at the rate of 15
per annum on the enhanced compensation. Challenging the quantum of compensation,
the Government preferred the present appeals.
7. Both the learned counsel submitted that the trial court disposed of the L.A.O.Ps,
by common order and against the said common order in L.A.O.P.Nos.68 and 73 of 2006
dated 12.3.2009, the Government preferred appeals in L.A.A.S.Nos.334 and 370 of 2010
and by judgment dated 6.8.2014, the Division Bench of this court dismissed the appeals
and hence, the present appeals are also covered by the said judgment. The learned
counsel submitted that the lands in all the appeals are acquired for the same purpose and
are situate in the vicinity of Basthipadu village, Kallur Mandal, Kurnool District.
8. The learned counsel for the claimants submitted that the Government filed
another appeal in L.A.A.S.No.14 of 2012 against the order in L.A.O.P.Nos.77 of 2006,
which was disposed of by the trial court by common order dated 12.3.2009 and the said
appeal is not listed today and the same may also be disposed of along with the present
appeals.
9. In view of the above submission, L.A.A.S.No.14 of 2012 is called from the registry
and is being disposed of by this common judgment.
10. In view of the judgment dated 6.8.2014 in L.A.A.S.Nos.334 and 370 of 2010, the
present appeals are also dismissed. No costs.
11. Miscellaneous petitions pending if any, shall stand closed.
-------------------------------------
G.CHANDRAIAH,J
----------------------------------------- M.S.K.JAISWAL,J DATE:10--09--2014
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