✦ High Court of India · 01 May 2025

The High Court · 2025

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Length
1,908 words

Counsel for the Appellants: Sri Ajgal Ravi Babu Counsel for the Respondent: GP FOR APPEALS The Court delivered the following: JUDGMENT HON'BLE SRI JUSTICE ABHI AND HON'BLE SMT JUSTICE TI AND KUMAR SHAVILI UMAI-A DEVI EADA LAA o.6 F2 2 U GMENT : (t", Uort't S" 1o,r,te Abltttuntl Ka r Sluulil \When the matter is mken up or hearing, leamed counsel appearing for the appellants had submitted that rhe issue involved in this appeal is squarel covered by the corurron judgment of this C-,ourt in L .No.57 of 2024, darcd

29.04.2025. Learned Govemment Ple er appearing for the respondent does not dispute the sai fact. Following the judgment date

29.04.2025 in LAAS.No.57 of 2024 and for reasons alike, this Appeal is also disposed of. The claimants-appellants are enritl for enhancement of market value of the subject land byrwo mo times (1 +2) rhan the value fixed by the Land Acqursition icer wrth all consequential benefits as stipulated under the a nded Land Acquisition Act. However, it is made clear that the mans- appellants are not l entitled to cl:rim interest for the delay penod in preferring the appeal. No costs. Miscellaneou petitions, if any, pending sh,rll stand closed. //TRUE COPY// Sd/- K. SRINIVASA RAO OINT REGISTRAR \_ t ''l SECTION OFFICER To,

1. The Principal Senior Civil Judge at Wanaparthy'(with records, if any) 2. One CC to Sri Ajgal Ravi Babu, Advocate [OPUC] 3'TwoCCstoGPFoRAPPEALS,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

4. Two CD CoPies Kam/ABK HIGH COURT DATED:0110512025 JUDGMENT+DECREE o LAAS.No.65 of 2024 ( * 1 HE SiI -?\ ,) I '\ , 1 2 AUE 2025 P/rTCk DISPOSING OF THE APPEAL HON'BTF SRIJUSTICEABH D KUMARSHAVILI HON'BI.F SMTJUSTIS?I DEVI EADA L.A.A.S.Nos.5 81 d724 0F 2024 COMMON IUDGMENT: (P. H 'bh Ablinand lsnar .l Lat:ili) When the matters are taken u for hearing, learned counsel appearing for the appellants had info med this Court that the issue raised in these Appeals is squarely co ered by the judgment, dated

27.01,.2025, passed by this Court in L.A.A.S.No.49 of 2024. Learned counsel had further cont ded that L.A.A.S.No.49 of 2024 was filed by claimant No.26 O.P.No.91 of 2014, dated

03.10.2018 and the appellants he are other claimants in .P.No.91 of 2014. Therefore, s r order be passed in these appeals also. Learned counsel had er contended that I-AAS No.49 of 2024 was disposed of by elying on a Division Bench judgment of this Court in L.A.A.S o.725 of 201,5 znd batch, dated 27.09.2022, whereby the mark t value of the land acquired therein was enhanced by lv/o more es than the value fixed by the Land Acquisition Officer wi all consequential benefits, 2 however, for the delay period 1n preferring the appeais, the claimants are not entided for any interest.

3. Learned counsel for the appellants had futther contended that the judgment, dated 27.09.2022 passed in L.A.A.S.No.1'25 of 2015 and batch was also confirmed by the Apex Court in S.L.P.(Civil)No.28925 of 2024, dated 17.09.2024. Therefore, the present appeals can also be disposed of in terms of the judgment, dated 27 .0L.2025 passed in L.A.A.S.No .49 of 2024.

5. Learned Government Pleader appearing for the 1" respondent-Land Acquisition Officer had contended that the purpose of acquiring lands of appellants is for Ryalampadu Balanc.ing Reservoir under Jawahar Lift Itrigation Project and Priyadarshi Jurala Project and G.O.Ms.No.234, dated 15.10.1993 and G.O.Ms.No.291, dated 05.08.1982 are not applicable to the said irrigation proiects. Therefore, all the appeals are liable to be dismissed J

4. Having considered the tival su ssions made by the learned counsel on either side, this Court is f the view that the Division Bench of this Court in L.A.A.S.No. of 2016, dated 27.092022 and L.A.A.S.No.4 of 2016, dated 1 .09.2022 held that the said G.Os. are applicab-le for all the Iriga on Pto)ects, and though the said G.Os. were issued specifically fot Sdsailam Hydro Power Projects. L.A.A.S.No.125 of 2015 and batch, dated 27.09.2022 and L.A.A.S.No.4 of 2016, dated 15.

9.2022were allowed and the market value was enhanced by two m re times than the value fixed by the Land Acquisition Officer. ed by the otder, dated

27.09.2022, in L.A.A.S.No.1,25 of 2 15 and batch, the State has carried the matter to the Apex Co by filing S.L.P.(Civil).No. 28925 of 2024 znd the Apex Court uide order, dzted 17.09.2024, confirmed the order passed by the D ision Bench of this court in L.A.A.S.No.125 of 2015 and batch. erefore, the present appeals can also be disposed of in s of the judgment, dated 27 .09.2022, passed in L.A.A.S.No. 1 25 of 2015 and batch 4

5. Accordingly, all the appeals are allowed by following the judgment, dated 27 .09.2022, passed in L.A.A.S.No .125 of 201'5 and batch, and the market value is enhanced by two more times (1+2) than the value fixed b1. the Land Acquisition Officer with all consequential benefits. However, the appeliants are not entided for interest for the deiay period in preferring the appeais. There shall be no order as to costs Miscellaneous Petitions, if any, pending in these appeals shall stand closed. JUSTICE ABHINAND KUMAR SHAVILI JUSTICE TIRUMAI.A DEYI EADA Date: 29.01.2025 N_oce: Regstri' to annex copl' c,f the judgment dated 27.09.2022 ln LAI\S rr-o.125 of 2015. (B.o) rl,k/Prat IN THE HIGH COURT FOR THE AT HYDER TATE OF TELANGANA AD [ 31145 ] THURSDAY, THE FIR TWO THOUSAND AN DAY OF MAY TWENry FIVE PRESEN THE HON'BLE SRI JUSTICE AB AND THE HON'BLE SMT JUSTICE INAND KUMAR SHAVILI IRUMALA DEVI EADA L.A.A.S.No: 65 F 2024 Between:

1. Hanumanthu, Sio, Rayappa, Age Chinthareddipally village, Atmakur man

2. K.Srinivasulu, S/o. Thirupathireddy, Anugonda village, Matthal mandal, Wan 3. K.Venkatreddy, Sio. Thirupathireddy, R/o.Anugonda village, Matthal mandal, 4. G. Venkatanna, S/o. Hanumanthu, A Anugonda village, Mattlial mandal, Wan 5. G.Anjanna, S/o. Hanumanthu, Age Anugonda village, Matthal mandal, Wan 6. Tyanna, S/o. Hussenna, Age. 62 ye village, Matthal mandal, Wanaparthy. (d 7. Bhagavanthureddy, S/o. Nagireddy, A Anugonda village, Matthal mandal, Wan

8. G.Laxmareddy, S/o. Krishnareddy, R/o.Anugonda village, Matthal mandal,

9. G. Chinnareddy, S/o. Krishnareddy, Anugonda village, Matthal mandal, Wan

10.G.Madhu, S/o. Ashiereddy, Age. 52 village, Matthal mandal, Wanaparthy. 11.G.Suresh, S/o. Ashireddy, Age. 45 y village, Matthal mandal, Wanaparthy. 12. G.Nallareddy, S/o. Kanenna, Age. 72 village, Matthal mandal, Wanaparthy. 13. Buddanna, S/o. Hanumanthu, Age.75 village, Matthal mandal, Wanaparthy. 14. Gundamma, Wo. Hanumanthu, A R/o.Anugonda,village, Matthal mandal 15.Masireddy, S/o. Laxmanna, Age. 64 village, Matthal mandal, Wanaparthy. 16. Govinolla Chandramma, Wo. Late Tya R/o.Anugonda village, Matthal mandal, 17.Sarada, D/o. Late Tyanna, Age. 35 y village, Matthal mandal, Wanaparthy Agriculture, R/o 79 years, Occ al, Wanaparthy. e.57 years, Occ. Agriculture, R/o parthy. Age. 45 years, Occ. Agriculture, anaparthy. e.49 years, Occ. Agriculture, R/o parthy 35 years, Occ. Agriculture, R/o. parthy. rs, Occ. Agriculture, Rio.Anugonda ed) per L.Rs at Sl.Nos. 16 to 20 e. 68 years, Occ. Agriculture, R/o parthy ge. 58 years, anaparthy. e. 38 years, Occ. Agriculture, R/o parthy. ars, Occ. Agriculture, Ri o.Anugonda Occ. Agriculture, ars, Occ. Agriculture, R/o.Anugonda ars, Occ. Agriculture, R/o.Anugonda ars, Occ. Agriculture, R/o,Anugonda e. 58 years. Occ anaparthy v ars, Occ. Agriculture, R/ Agricu lture, o.Anugonda na, Age. 50 years, Occ. Agriculture, anaparthy ars, Occ. Agriculture, R/o.Anugonda

18. Gavinolla Venkatanna, S/o. Late Tyanna, Age. 35 years, Occ. Agriculture, R/o.Anugonda village, Matthal mandal, Wanaparthy.

19. Narsamma, D/o. Late Tyanna, Age 29 years, Occ. Agriculture, R/o. Anugonda village, Matthal mandal, Wanaparthy.

20. Munnuru Navaneetha, D/o. Late Tyanna, Age. 27 years, Occ. Agriculture, Rio. Anugonda village, Matthal mandal, Wanaparthy. Claimant Nos. 16 to 20 are declared as LRs of late Tyanna (claimant No.6) and brought on record as per the orders in lA No 221 of 2023, dated 14t06t2023 ...Appellants/Claimants AND The Special Deputy Collector, L.A Unit, RLISP-Il, Atmakur, Wanaparthy District. . Res po ndenURespondent Appeal filed under Section 54 of L.A.Act aggrieved by the order and decree dated 04-12-2023 passed in LAOP.No.18 of 2022 on the file of the Court of the Principal Senior Civil Judge at Wanaparthy. The appeal coming on for:^ hearing, upon perusing the Memorandum of grounds filed in the Appeal, the Judgment and Decree of the Lower Court and the record in the case and uporf hearing the arguments of Sri Ajgal Ravi Babu, Advocate for the Appellants and GP FOR APPEALS for the Respondent . This Court doth order and decree as follows:

1. That the appeal be and hereby is disposed of; 2. That the claimants-appellants be and hereby are entitled for enhancement of Market value of the subject land by two more times (j+2) than the value fixed by the Land Acquisition Officer with all consequential benefits as stipulated under the amended Land Acquisition Act; and

3. That there shall be no order as to costs. //TRUE COPY// Sd/- K. SRINIVASA RAO , JOINT REGISTRAR SECTION OFFICER To,

1. The Principal Senior Civil Judge at Wanaparthy 2. Two CD Copies Kam/ABK HIGH COURT DATED:0110512025 DECREE LAAS.No.65 of 2024 DISPOSING OF THE APPEAL b

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