Parchur Lakshmi Narasamma v. The Special Deputy Collector

HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE MS. JUSTICE J.UMA DEVI L.A.A.S.Nos.429 of 2017, 400 of 2017 43 of 2015 and 307 of 2008 COMMON JUDGMENT: (per Hon'ble Sri Justice Sanjay Kumar) These appeals by the claimants under Section 54 of the Land Acquisition Act, 1894 (for brevity 'the Act of 1894') arise out of the separate orders passed by the Reference Court of the learned Additional Subordinate Judge, Gudur, under Section 18 of the Act of 1894. Aggrieved by the quantum of compensation awarded to them in relation to the land and trees, the claimants are before this Court.

It is fairly stated by the learned Special Government Pleader attached to the office of the learned Advocate General for the State of Andhra Pradesh that the issues arising for consideration in these appeals are squarely covered by the earlier decisions of this Court. Sri P.Sridhar Reddy, learned Counsel for the appellants in these cases, would state that in so far as the compensation payable for the land is concerned, this Court vide its judgment dated 20.01.2014 in A.S.No.1771 of 2001 arising out of an Land Acquisition Original Petition and in relation to comparable land, fixed the compensation at Rs.10,000/- per acre. In so far as the compensation for the trees is concerned, this Court had an occasion to consider the same in A.S.No.1749 of 2004 and by judgment dated 01.03.

Rs.3,000/- per tree. As regards Palmyra trees, this Court valued them at Rs.300/- per tree.

Sri P.Sridhar Reddy, learned Counsel, would state that the claims of the appellants in these cases are only concerned with Acid Lime, Mango, Coconut and Palmyra trees.

In that view of the matter, the compensation payable to them in relation to Acid Lime, Mango and Coconut trees is enhanced to Rs.3,000/- per tree and the compensation for Palmyra trees is fixed at Rs.300/- per tree. The appellants/claimants shall be entitled to all the statutory benefits in relation to the enhanced compensation amount. The appellants/claimants shall pay the deficit court fee on the enhanced compensation amount within a period of four weeks from the date of receipt of a copy of this judgment and only thereafter the decree shall be drawn up.

The appeals are allowed to the extent indicated above. Pending miscellaneous petitions, if any, shall stand closed in the light of this final judgment. No order as to costs. ___________________ SANJAY KUMAR, J _________________ J.UMA DEVI, J 31.10.2017 Gsn.