Counsel for the v. Tulasi Reddy

Petition under order 41 Rule 27 RM Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to receive the certified copy of Award and Decree passed by the Learned senior civil Judge, at Nirmal made in o.P.No.29 of 2003 daled 2l1l2oo7 as additional evidence and mark the same as Ex.A 2. Counsel for the ApPellant : Sri Manohar, Counsel rePresenting Ms. V. Tulasi Reddy Counsel for the Respondent : Government Pleader for Appeals The Court delivered the following: '',;-;- THE HON'BLE SRI JUSTICE ABHINAND KUMITR SHAVILI AND THE HON'BLE SMT. WSTICE TIRUMALA DI'VI EADA L.A.A.S.No.385 of 2OO9 JUDGMENT: (Per Hon'ble Justice Abhinand Kumar Shoviti) Heard Sri Manohar, learned counsel, representing Ms.V.Tulasi Reddy, iearned counsel appearing for the appellant and learned Government Pleader for Appeals, appearing for the respondent.

2. This appeal, under Section 54 of the Land Ar:quisition Act, 1894, (for short the Act') is filed aggrieved by the. udgment and decree dated 19.03.2009 passed in O.P.No.231 ot 2003 on the file of the District Judge, Adilabad (hereinafter refe -red to as 'the Reference Court').

3. It is the case of the appellant that the reripondent has acquired in all Ac.40-09 guntas of land for Silt a.rresting tank across a local stream near Godapur village, under Sriram Sagar Project, Pochampad, in pursuance of notifrcation issued under Section 4(1) of the Act dated 15.O5.1998. The lanrl of appellant to an extent of Ac.10-18 gr.rntas was also acquired rnd the Land Acquisition Ofhcer has awarded compensation of Rs.26,900/- per acre vide Award dated 15.07. 1998. Not satis fed with the I I 2 { same, the appellant has sought reference ulder Section 18 of the Act for enhancement of compensation, and the same was referred to the District Judge, Adilabad, which was numbered as O.P.No.23 I of 2OO3 and the reference Court vide order dated

19.03.2009 was pleased to confirm the Award passed by the LAO.

4. it is the further case of the appellant that in respect of the remaining extent of land, some of the persons have sought reference under Section 18 of the Act for enhancement of the same. They were numbered as O.P.Nos.29 of 2003, 30 of 2003, 31 of 2003, 32 of 2OO3,33 of 2OO3 and O.P.Nos.57 to 59 of 2OO3. The said references were referred to Senior Civil Judge, Nirmal and the reference Court at Nirmal has enhanced the compensation to Rs.36,000/- per acre, vide orders dated:02.O 1.2007, but when it came to the case of the appellant, the reference Court has confirmed the Award passed by the LAO.

5. Learned counsel for the appellant had contended that there cannot be two different orders in respect of the very same acquisition of lands. The persons, whose lands were acquired along with the land of the appellant were awarded a higher w I I I i 3 compensation of Rs.36,O0O f - per acre, but when it came to the case of the appellant only Rs.26,9OO/- was award ed. Therefore, appropriate orders be passed in the present apl resl by setting aside the order passed by the reference Court in O.P.No.231 of 2OO3 and further direct the respondent to enhance the compensation of the subject iand to Rs.36,000/- per acre, as it was done in the case of other lands, in accord ance with the orders passed in O.P.No.29 of 2OO3 and batch dated

02.or.2007. \ \

6. Learned Government Pleader for the rer;pondent had contended that the reference Court at Nirmal has enhanced the compensation, whereas the reference Court at Adilabad has passed a nil award, therefore, appropriate orders be passed in the present appeal. 7 . This Court, having considered submissions made by the parties, is of the considered opinion that the order passed by the reference Court in O.P.No.231 of 2O03, dated I 9.03.20O9, is liable to be set aside as there cannot be different orders/compensations for the very same acquis,tion of lands situated at the same place. ( 4

8. Accordingly, this appeal is allowed, and the order passed by the reference Court in O.P.No.231 of 2OO3, dated 19.03.2009, is hereby set aside. The appellant is entitled to compensation of Rs.36,000/- per acre, following the orders passed in O.P.No.29 of 2003 and batch, dated O2.OL.2OO7. Furthermore, the appellant is also entitled to all statutory benefrts. This order is passed in order to maintain consistency with the orders passed by the judiciary. No costs. As a sequel, miscellaneous appiications pending if any in this appea,l, shall stand closed. sD/_ c.v. MALLTKARJUNA VARMA ' JOINT REGISTRAR 1 //TRUE COPY// SECTION OFFICER To,

1. The District Judge, Adilabad (with records' if any) ;. ;;" iCi" rtr" i Tulasi Reddv' Advocate to:Y9l 3 Two ccs to Govern'"";i ;L;;;t for Appeals'High court for the state of

4. DL/gh Telangana. [OUTI Two CD CoPies w I L I HIGH COURT DATED:0610212025 I JUDGMENT + DECREE LAAS.No.385 of 2009 He STA 7.s a) ,) 1 6 JUN ztl i ?': a i.'a' ALLOWING THE APPEAL --.p(Fb T $6,, [ 3445 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENW FIVE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA LAND ACQUISITION FIRST APPEAL NO: 385 OF 2009 Between: . S.Gangadhar, S/o. Thukya, Occ Mandal, Adilabad District. Agriculture R/o. Godapur Village, Kubeer ...APPELLANT/CIaimant AND The Special Dy Collector / Land Acquisition Officer, Sriram Sagar Project, Pochampad. ...RESPONDENT/Referencer Appeal Under Section 54 of L.A. Act 1894 against the Judgment and decree dated 19.03.2009 made in O.P.No.231 of 2003 on the file of the court of the District Judge, Adilabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Court below and the material papers in the Suit and upon hearing the arguments of Sri Manohat representing Ms. V. Tulasi Reddy, Advocate for the Appellant and of Government Pleader for carrrdel Appeals for the Respondent. This Court doth Order and Decree as follows:

1. That the LAAS be and hereby is allowed;

2. That the order passed by the Reference Couy'oi.trict Judge, Adilabad in o.P. No. 231 of 2003, dated 19.03.2009, be and hereby is set aside;

3. That the appellant be and hereby is entitled to cc,mpensation of Rs. 36,000/ per acre following the orders passed in rfP No. 29 of 2OO3 and batch, dated 2.1 .2007 and also entifled to all statutory benefits;

4. That there shall be no order as to costs in this appeal SD/- C.V. MALl.IKARJUNA VARMA . JOINT REGISTRAR //TRUE COPY// To, DL '1 . The District Judge, Adilabad 2. Two CD Copies fr- SECTION OFFICER \ T HIGH COURT DATED:06/02l2025 DECREE LAAS.No.385 of 2009 ALLOWING THE APPEAL .L