LAAS/108/2006 of The Land Acquisition Officer-cum-Spl.Dy.Collector, Yeleru Vs P. Atchayamma on 31 December 2010

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TEN

PRESENTHON’BLE SRI JUSTICE G. BHAVANI PRASADAndTHE HON’BLE SRI JUSTICE K.G.SHANKAR

Between:

APPEAL SUIT No.2627 OF 2001

The Land Acquisition Officer-cum-Special Deputy Collector, Yeleru Left Main Canal,Spl. Tahsildar, L.A., revenue Division,Visakhapatnam.

And

Kombilli Sanyasi & 3 others

APPEAL SUIT No.332 OF 2002

Between:

..... Appellant

…Respondents

The Land Acquisition Officer-cum-Special Deputy Collector, Yeleru Left Main Canal,Spl. Tahsildar, L.A., revenue Division,Visakhapatnam.

And

Smt. G. Appala Narasamma

AND

L.A.A.S. No.108 OF 2006

Between:

..... Appellant

…Respondent

The Land Acquisition Officer-cum-Special Deputy Collector, Yeleru Left Main Canal,Spl. Tahsildar, L.A., revenue Division,Visakhapatnam.

..... Appellant

And

P. Atcheyamma

The Court made the following:

…Respondent

HON’BLE SRI JUSTICE G. BHAVANI PRASADAndTHE HON’BLE SRI JUSTICE K.G.SHANKAR

APPEAL SUIT Nos.2627 of 2001, 332 of 2002 andL.A.A.S.No.108 OF 2006

COMMON JUDGMENT:(PerHon’ble Sri Justice G. Bhavani Prasad)

Heard Sri Karanam Ramesh, learned Government Pleaderfor appeals and Sri Jayanthi C. Sekhar, learned counsel for theclaimants.

2. AS No.2627 of 2001 is directed against the award inO.P.No.97 of 1987, on the file of the Subordinate Judge’s Court,Anakapalli, dated 24.08.1996, in pursuance of the common order inO.P.No.84 of 1987 and batch.

3. As.332 of 2002 is directed against the award in O.P.No.109of 1987, on the file of the Subordinate Judge’s Court, Anakapalli,dated 24.08.1996, rendered in pursuance of the same commonorder.

4. L.A.A.S.No.108 of 2006 is directed against the award inO.P.No.103 of 1987, on the file of the Subordinate Judge’s Court,Anakapalli, dated 24.08.1996, which was also rendered inpursuance of the same common order.

5. A Division Bench of this Court in A.S.No.3866 of 2000 and batch, dated 27.09.2002, reduced the compensation to Rs.36,500/-per acre and set aside the order of the reference Court in fixing thecompensation at Rs.10,000/- per mango tree. The said judgmentwas followed by another Division Bench in A.S.No.3586 of 2003 on27.10.2003. The decisions were further followed by anotherDivision Bench in A.S.No.3878 of 2000, dated 23.03.2004. As thesubject matter of the present appeals and the subject matter of theother appeals, judgments of which have become final, areidentical, these appeals also have to be disposed of on the samelines, notwithstanding the severe opposition of Sri Jayanthi C. Sekhar, learned counsel for the appellants.

6. Therefore, we hold that the claimants are entitled to thecompensation of Rs.36,500/- per acre besides other statutorybenefits and the impugned awards are modified accordingly.

7. In the result, the appeals are ordered, accordingly, withoutcosts.

_______________________

(G. BHAVANI PRASAD, J)

_______________________

(K.G. SHANKAR, J)

Date: 31[st] December, 2010 KL

HON’BLE SRI JUSTICE G. BHAVANI PRASADAndTHE HON’BLE SRI JUSTICE K.G.SHANKAR

APPEAL SUIT Nos.2627 of 2001, 332 of 2002 andL.A.A.S.No.108 OF 2006

(Judgment of the Bench delivered by Hon’ble Sri Justice G. BhavaniPrasad)

KL

December 31, 2010.