The High Court · 2025

Counsel for the Appellants: SRl. B. H. R. CHOWDARY Counsel for the Respondent: GP FOR APPEALS -7 LA.A.S. NO: 9 OF 2010 Appeal Under Section 54 of Land Acquisition A( t 1894 against the Judgment and Decree dated 24-11-2008 in O.P.No. 64 of 20(r( on the file of the Court of the Senior Civil Judge, Nizamabad. Between: The Special Deputy Collector, L-cum-Loc Unit, SRSp, pocha,r:ad. AND ...APPELL 4 rlT/ Referring Officer '1. Chinna Deva Rajanna, S/o Chinna Chinnaiah R/o Ra r apur Village, Armoor lvlandal, Nizamabad District. 2. Gopal Rao, S/o. Govind Rao R/o N izamabad Dtstrict. Ratnapur Village, Arrr tor Mandal, 3 4 Rama Rao, S/o. Govind Rao R/o. Ratnapur Village, Ar r ror lvlandal, Nizamabad District. Krishna Rao. S/o. Govind Rao R/o. Ratnapur Village, I r noor [rrlandal, N izamabad District. ..RES I ONDENT/ Claimants Counsel for the Appellant: GP FOR APPEALS Counsel for the Respondents: SRI B. H. R. CHOWDARY The Court delivered the following Common Judgment I I I I I I I I I i I I I i I ! I i l I I I I I i i i i l : I I l THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA L.A.A.S.Nos.378 OF 2009 AND 9 OF 2010 COMMON IUDGMENT: (Per Hon'ble Sri Justicc Abhinand Kumar Shavili) Since the issue involved in both these appeals is one and the same, both these appeals are being hcard together and disposed of by way of this common judgment.

2. Aggrieved by the order and decree, dated 24.11,.2008, passed in O.P.No.64 of 2006 by the learned Senior Civil Judge, Nizamabad, the Special Deputy Collector filed L.A.A.S.No.9 of 2010 and the claimants filed L.A.A.S.No.378 of 2009.

3. Heard the iearned Govemment Pleader for Appeals appearing for the appellant-Special Deputy Collector in L.A.A.S.No.9 of 2010 and respondent in L.A.A.S.No.378 of 2009 and Sri B.H.R. Choudary, learned counsel for the respondents/claimants in L.A.A.S.No.9 of 2010 and appellants/claimants in L.A.A.S.No.378 of 2009 2 AKS,J & ETD,J L.A I S.No.l78 of2009 & batch

4. Learned Government Pleader for Appeals h lt submitted that the subject matter of L.A.A.S.No.9 of 2010 is squar, r .' ccvcred bv the judgnrcnt, dated 25.04.2025, rendered by his Court in L.A.A.S.No.637 of 2007, whereby, the appeal file-- bt, thc State in similar circurnstances rt,as partly allowed setting a:rj le the order and decree impugned therein to the extent of granting I terest at the rate of 12% pcr arulum on the accumulated interest, r I il follou,ing the aforesaid judgment, L.A.A.S.No.9 of 2010 also des:'r,es to be partly allowecl.

5. l.earned counscl for the claimants did not dis:.rte the said fact, however, contended that the Tribunal erred ir not granting enhanced compensation 1n respect of lar r admeasuring Ac.7-27 guntas in Survey Nos.479/2, 480/2 ancl 508,/1 and also erred in not considering the peradi lands admc rsuring Ac.5-21 guntas in Survey Nos.116/AA,547, 601,602 antl 618 situated at Ratnapur Viltage, Balkonda Mandal, 5i236air rd Diskict, bhagayat lands. Therefore, appropriate orders be passed AS 3 AXS,J & ETD,J L A.A-S.No.378 of 2009 & batch L.A.A.S.No.378 of 2009 by granting enhanced compensation in respect of the said lands

6. In view of the submissions rnade by the learned counsel for thc parties, this Court is of the considered view that L.A.A.S.No.9 of 2010 deserves to be partly allowed in terms of the judgment, dated

25.04.2025, rendered by this Court in L.A.A.S.No.637 of 2007.

7. Insofar as L.A.A.S.No.378 of 2009 is concerned, the claimants have not claimed any compensation in respect of the lands in Survey Nos.479/2, 480/2, 508/1, 176/ AA, 547, 601, 602 and 618 before the Land Acquisition Officer. Therefore, the reference Court has rightly not considered the said claim and rejected the same. Therefore, L.A.A.S.No.378 of 2009 is liable to be dismissed

8. Accordingly, L.A.A.S.No.378 of 2009 is dismissed and L.A.A.S.No.9 of 2010 is partly allowed in terms of the judgment, dated25.04.2025, rendered by this Court in L.A.A.S.No.637 of 2007, and the order and decree, dated 24.77.2008, passed in O.P.No.64 of 2006 by the leamed Senior Civil ludge, Nizamabad, is set aside to 4 AKS,.I & DTD,J r-Aa S.No.lTaof 2009 & batcll the cxtent of granting interest at the rate of 12% r) )r' annum on the accumrrlated interest fut'trt't29.06.2000 till the date ,r pa.,,rlent, while con-firming the rern.rining part of the impugnecl ,r'der and decrec There shall be no order as to costs. N,{iscellaneous r\pplications, if any, pending n these appeals shail stand closccl. ,//TRUE COPY// SD/-AVSPRASAD i):PUTY REGTSTR4B- -/ SECTION OFFICER To

1. The Senior Civil Judge at Nizamabad ( with records ) 2. f wc CCS to GP for A.ppeals , High Court for the State cf Telangana at Hyderabad.

3. One CC to SRl. B H R CHOWDARY Advocate [OPUC' 4. Two CD Copies kut/ABK W t HIGH COURT DATED:2910712025 'co\4\to\ DEuRt l COMMON JUDGMENT L.A.A.S. Nos. 378 OF 2009 and 9 of 2010 r1/r' \ES ) .,-./, , [;t, l'JIl \ I "- l-:,:it ,l 'i, -a) (-:) fl- .), /' +. :, DISMISSI\G THE I-AAS \O. 378 OF ]OO9 AND PARTI,Y ALLOWI,\G fFIE I-AAS NO, 9 OF 201I) WITHOIj I C]OSTS ?A IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY,THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA ANI) L.A.A.S. Nos. 378 OF 2009 and 9 of 2010 L.A.A.S.No. 378 of 2009 : Between.

1. Chinna Deva Rajanna, Sio Chinna Chinnaiah R/o- Ratnapur Village, Armor Mandal, Dist. Nizamabad.

2. Gopal Rao, S/o. Govind Rao R/o Ratnapur Vrllage, Armor Mandal, Dist. N izamabad .

3. Rama Rao, S/o. Govind Rao R/o. Ratnapur Village, Armor Mlandal, Dist. Nizamabad.

4. Krishna Rao, S/o. Govind Rao R/o. Ratnapur Village, Armor Mandal, Dist. Nrzamabad ...APPELLANTS/ Petitioners AND The Special Deputy Collector, L-cum-Loc Unit, SRSP Pochampad, Nizamabad. ,.RESPONDENT/ Referencer Appeal Under Section 54 of Land Acquisition Act, 1894 against the Judgment and Decree dated 24-11-2008 in O.P.No. 64 of 2006 on the file of the Court of the Senior Civil Judge, Nizamabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Court below and the material papers in the case and upon hearing the arguments of Sri B.H.R. CHOWDARY, Advocate for the Appellants and GP for Appeals on behalf of the Respondent Between: LA.A.S. NO: 9 OF 2010 The Special Deputy Collector, L-cum-Loc Unit, SRSP, Pochar - rad. AND ...APPELL,\ 'lT/ Referring Officer

1. Chrnna Deva Rajanna, S/o. Chrnna Chrnnaiah R/o. Ratr lrla nda l, Nizamabad District. rpur Village, Armoor

2. Gopal Rao, S/o. Govind Rao R/o. Ratnapur Village Arr- Nizamabad District. 3 Rama Rao, S/o. Govind Rao Rio Ratnapur Village, Ari ^ Nrzamabad District. ror lvlandal, ror Mandal,

4. Krishna Rao, S/o. Govind Rao R/o. Ratnapur Village, A- ...RESPONI) Nizamabad District roor N4andal. :NTi Claimants Appeal Under Section 54 of Land Acquisition Ac . 1Bg4 against the Judgment and Decree daled 24-11-2008 in O.P.No 64 of 200 j on the file of the Court of the Senior Civil Judge. Nizamabad. This appeal coming on for hearing and upon perl;ing the grounds of appeal, the Order and Decree of the Court below and he mateiial papers in the case and upon hearing the arguments of GP for a cpeals on behalf of the Appellant and Sri B.H.R Chowdary, Advocate for Ft spondent. Thrs Court doth order and decree as follows; l That the Claimants filed L A A S. No dismissed 378 of 20 I ) be and hereby is 2 That the Special Deputy Collector fited L.AA[; No 9 of 2010 be gld_ hglgqy is partly allowed in terms of th.r Judgment dated 25.04 2025 amended by this Court in LAAS 637 ti'. tO7 . 3 That the Order and Decree, dated 24-11 -2008, p:;sed in O.p.No. 64 of 2006 by the learned Senior Civil Judge, Nizame bad be and hereby is set aside .

4. That the interest shall be granted at the rate of 12o/o per annum on the accumulated amount from 29-06-2000 till t-: date of payment, while confirming the remaining part of the inr >ugned ord6r and d ecree.

5. That there shall be no order as to costs in these appeals SD/-AVSPRASAD DEPUTY REGIST TlDlu ct({lcEl2- To

1. The Senior Civil Judge, Nizamabad 2. Two C.D.Copies t"" ., ry. Kul/ABK HIGH COURT DAIED:.2910712025 (]0MVIO\ DEC]REII L.A.A.S. Nos 378 OF 2009 and 9 of 2010 DISMISSING I'HE L-\AS NO. 378 OF 2OO9 AND PARTLY AI,I,OWING THF, LAAS NO. 9 OF 20IO WITTIOIJT COSTS ,\ .],\