Allowed

Gadiparthi Penchalanarasaiah v. the Special Deputy Collector (La)

Andhra Pradesh HC5 Nov 2019LAAS/28/2019

Case brief

AI extract

What is this about?

The court allowed multiple appeals under Section 54 of the Land Acquisition Act, 1894. Following precedents, the court enhanced compensation for trees and superstructures. The appellant was directed to pay a deficit court fee.

What did the court decide?

Compensation enhanced for trees and superstructures to match the rates provided in the common judgment.

Gadiparthi Penchalanarasaiah Vs the Special Deputy… — Land Acquisition | Andhra Pradesh HC (2019)

¶1

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI AND THE HONOURABLE SRI JUSTICE M.GANGA RAO

¶2

L.A.A.S.Nos.28, 32, 50, 56, 57, 58, 65, 88, 89, 108, 111 and 112 of 2019

¶3

COMMON JUDGMENT: ( Per Hon’ble Sri Justice A.V.Sesha Sai)

¶4

These appeals arise under Section 54 of the Land Acquisition Act, 1894 seeking enhancement of the compensation granted by the reference Court with regard to the compensation towards the trees and the superstructures.

¶5

When the matters are taken up, it is brought to the notice of this Court by Sri Chetluru Sreenivas, learned counsel for the appellants, so also the learned Government Pleader, that the issue in these appeals is squarely covered by the judgment of this Court in L.A.A.S.No.385 of 2008 and Cross Objections No.2125 of 2011 and batch, dated 01.11.2018, and the judgment, dated 11.10.2017, in L.A.A.S.No.417 of 2008.

¶6

In the judgment rendered in L.A.A.S.No.417 of 2008, a Division Bench of this Court granted compensation in respect of trees, in the following manner:

¶7

Mango, Acid Lime, Coconut,	: Rs.3000/- per tree
Guava, Jack-fruit & Sapota (Sapodilla)
Tamarind	: Rs.6,000/- per tree
Cheeni (Sweet Orange)	: Rs.4,000/- per tree
Soap-nut	: Rs.5,000/- per tree
Pomegranate	: Rs.2,500/- per tree
Cashew nut trees	: Rs.2,500/- per tree

¶8

¶9

Drumstick & Neredu (Black: Rs.2,000/- per tree plum) Dates & palmyra trees : Rs.300/- per tree Remaining trees : Rs.400/- per tree

¶10

In the common judgment in L.A.A.S.No.385 of 2008 and Cross Objection No.2125 of 2011, a Division Bench of this Court, in so far as the structures are concerned, enhanced the compensation by 80%. Therefore, following the above said judgments, the appeals are also allowed enhancing the compensation in terms thereof. The appellants shall pay deficit court fee on the enhanced compensation. There shall be no order as to costs.

¶11

Office to enclose copies of the common judgment in L.A.A.S.No.385 of 2008 and Cross Objections No.2125 of 2011 and batch dated 01.11.2018 and the judgment in L.A.A.S.No.417 of 2008, dated 11.10.2017.

¶12

Miscellaneous Petitions pending, if any, in these appeals shall stand closed.

¶13

_____________________ JUSTICE A.V.SESHA SAI

¶14

_____________________ JUSTICE M.GANGA RAO

¶15

Dated 05.11.2019 SPR

¶16

¶17

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI AND THE HONOURABLE SRI JUSTICE M.GANGA RAO

¶18