The High Court · 2025

Petition under 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 Stay all further proceedings including the execution in pursuance to the Award and Decree Dated .31 .12.2021 passed in L.A.O.P.No.392 of 2014 by the Principal District Judge at Khammam. Counsel for the Appellant GP FOR APPEALS Counsel for the Respondent : SRI V MANOHAR RAO l CROSS OBJECTI ONS No.24 OF 2024:, Cross Objections filed under Order 41 Rule 22 of (.P.C., against the Judgment and Decree in L.A.O.P.No.392 ot 2014, dt.31 .12.2(, 1 on the file of the P,rincipal District Judge at Khammam. Between: M. Venkateswara Rao, Sio Venkata Buchaiah, R/o H.l'l Flat No. 2O1 , Latha Residency, Sri Hari Nagar, Moosapet, t. 12-7-1331102110, lyderabad. Cross Ob t ctor/Respondent AND The Land Acquisition Officer-cum- Revenue Divisional Off :er, Khammam. Res rondenUAppellant Counsel for the Appellant : SRI V. MANOHAR RAO Counsel forthe Respondent : G.P. FOR APPEALS The Court delivered the following: JUDGMENT @=!!r- ;i[;-.-;' :r- .i-,::::i" :<.gl:- HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SMT JUSTICE TIRUMAJ-A DEVI EADA .s. o.58of 20 L.A. f N COMMON IUD M (l\r tlon'ttle lattin tlbhinand Kttnar Shauili) \I{hen the m;rner is talsen uP for hearing' learned GovemmentPleaderforAppealsaPPearingforthe appellant had submitted that the issue involved in this appeal is squarely covered by the colnmon judgment of this C-oun in L.AAS'No' 55 of 2023 and Coss Objection I No.6 1 of 2023, dared 25'07'2024' Leamed counsel appearing for the rcspondent- claimant does not dispute the said fact' In view of the same and following the common iudgment dated 25'07 '2024 rL'AAS'No'SS of 2023 and Cross Obiection No'61 of 2023'LAAS No'58 of 2023 fled by the appellant-Refening Officer is dismissed and Goss \ }--/ 2 Objection No.24 of ZOZ+ filed by the respondt: rt_claimant is allowed by enhancing the compensation fronr Rs.2,5OO/_ to Rs.6,000/- per square yard and the craimant is entitred to 15% interest from the date of taking over- of actual possession i.e., from 27-lo.Lgg6 till the date of l,ublication of nodfication under Secdon a (1) of the Land z cquisition Act, 1894 i.e-,25.10.2006. No costs. Miscellaneous petitions, if any, pending r hall stand closed. SD/- MOHD.ISMATL l):PUTY REGISTRAR .. \,, t ,-ut-- \t'.-.: //TRUE COPY// s)r,o* oFFrcER To,

1. The Principal District Judge at Khammam. 2. One CC to Gp FOR APPEALS, HtcH COURT, HYDER \BAD [OPUC] 3. One CC to SRt V MANOHAR RAO Advocate tOpUCl 4. Two CD Copies ASR\PSL Yr HIGH COURT DATED:15/0712025 COMMO N JUDGMENT LAAS.No.58 ot 2O23 & CROSS OBJECTIONS No.24 OF 2024 IHE S j;1 *( c,J :).\& \ 2 9 Jnii 70?6 z * DISMISSING THE APPEAL & ALLOWING THB CROSS OBJEC'I'IONS .ofie) v-'- #,,-,r.' ,l /.. HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY I-AAS No.55 of 2023 & Cross Obiection No.6l of 2023 COMMON IUDGMENT: (Per I.lttn'1.'h .fn Juttre Abl'inand Kntar Sludli) Aggrieved b1' the orcler dated 31.12.2021 passed in L.A.O.P.No.631 of 2()15 br, the Principal District Judge, I(hammam, the prcsent appeal is trled by the appellanr Referring Offrcer and Cross Objection is filed by the re sponden t- c laim a n t.

2. $7hen thc mxtter is rakerr up for hearing, learned counsel appearinu tirr tlre rcsponclent-claimant had informed this Court rhar the issrrc inr-oh.ccl in this appeal is squarely covered by the common jr-rcl.gment dated 14.09.2022 passed by this Court in [-.r\.r\.S.Nos.88 of 2015 and 96 of 2016, wherein this (-ourt cnhancecl rhc c()mpensation from Rs.1,000/- to lts.6,(X)0/- pcr sqLrarc varcl and by following the sanlc analogr', thc cornpcnsation awarded by the EF7 2 '1 Reference Court can be enhanced from Rs.. ,500/- Rs.6,000/-.

3. Irarned Government Pleader appearin: tor the appellant does not dispute the said [act.

4. Having considered the said submissions nr tle bv the learned counsel on either side, this Court is o[ tlr vierv that pertaining to the very same notification, this (-or-rrt has enhanced the compensation in L.A.A.S.Nos.88,;'2015 and 96 of 2016. Thetefore, following the sri c()rttmon judgment dated'14.09.2022 in L.;\.,\.S.Nos.Sti o'2015 & 96 <tF 2016, compensation awarded by thc Retere nct (-ourt can be cnhanced from Rs.2,500/- to I{s.6,()00/-

5. Accordingly, L.A.A.S.No.55 oi 2023 tll It) appellant-Referring Officer is dismissccl ancl Cr, r; ( )bicrction No.61 of 2023 filed by the respondcnt-claimant r: rrllos'ccl lrr enhancing the compensation o[ Rs.2,500/- to It,, i.O('l{ l/- pcr square yard and the claimant is cntitlccl to l5'X, irr crcsr r- J the date of taking over of actual Possession' i'e', from

27.'t0.1,g86 till the date o[ publication o[ notification under Section 4 (1) of the I-and Acquisition Act' 1894, i'e',

25.1.0.2006. No costs. Miscellaneous Petitions, it arri', pending shall stand closed. JUSTICE ABHINAND KUMAR SHAVILI JUSTTCE I-AXMI NARAYANA ALISHETTY Dzte:25.07.n24 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA LAND ACQUISITION FIRST APPEAL NO: 58 OF 2023 Between The Land Acquisition Officer-cum- Revenue Divisional Officer, Khammam. AND APPE LLANT/Referri n g Officer M. Venkateswara Rao, S/o Veffita Buchaiah, R/o H.No. 12-7-1331102110, Flat tlo. 201, Latha Residency, Sri Hari Nagar, Moosapet, Hyderabad. RESPONDENT/Respondent Appeal filed under Section 54 of Land Acquisition Act, against the Order and Decree passed in L.A.O.P.No. 392 of 2014, daied. 31-12-2021 on the file of the Principal District Judge at Khammam. ORDER: This appeal coming on for hearing, upon perusing the grounds of appeal, the Judgment and Decree of the Lower Appellate Court and the material papers in the suit and upon hearing the arguments of Government Pleader for the Appellant in the appeal for Respondent in the Cross Objections and Sri V. Manohar Rao, Advocate for the Respondent in appeal and for the Appellant in Cross Objections. This Court doth Order and Decree as follows

1. That the appeal is be and hereby dismissed and Cross Objections is allowed.

2. That the compensatlon is be and hereby enhanced from Rs.2,500/- to Rs.6,0001 per square yard.

3. That the claimant is entitled to 15% interest from lf a date of taking over of actual possession i.e. from 27.10.1986 till the r ate of publication of notification under Section 4 (1 ) of the Land AcQu sition Act, 1894, i.e. 25.1 0.2006.

4. That there shall be no order as to costs. I,TRUE drF{1, SD/- MOHD.ISMAIL : EPUTY REGISTRAR , -) Nr o Fi4'qL To

1. The Principal District Judge, Khammam 2. Two CD Copies ra. HIGH COURT DATED:1 5/0712025 COMMON DECREE LAAS.No.S8 ot 2023 & CROSS OBJECTIONS No.24 OF 2024 DISMTSSTNG THE APPEAL & ALLOWING THE CROSS OBJECTIONS i.q(e''\ Lt Y-:A(,\,,