LAAS/443/2009 of Yogesh Kumar Harge Vs The Special Deputy Collector, L-cum-Loc Unit, on 22 January 2026

1. Yogesh.fr1rl Harge, S/o. Laxman tVlaharaj R/o. Naleshwar Village of Navipet Mandal, District Nizamabad. 2 Demeri G^gng.amq1i, D/o. Pedda Linganna R/o. Naleshwar Village of Navipet lVlandal, District Nizamabad.

3. Demeri C_hinna Linganna, S/o. Gangaram R/o. Naleshwar Village of Navrpet lVlandal, District Nizamabad. 4 V.ot 9 Tajuddin, S/o. Aleemuddin R/o. Naleshwar Viltage of Navipet trrlandal, District Nizamabad. ...APPELLANTS/ Claimants The Special Deputy Collector, L-cum-Loc Unit, SRSp, pochampad AND

I.A. NOS 1 TO 3 0F 2024 lN L.A.A.S NO: 229 OF 2010 Between

1. Yoqesh Kumar Harge, S/o. Laxman IVlaharaj R/o. Naleshwar Village of Navipet IVlandar ol District Nizamabad.

2. Demeri Gangamani, D/o. Pedda Linganna R/o. Naleshwar Village of Navipet Ivlandal of District Nizamabad.

3. Demeri Chinna Linganna, S/o Gangaram R/o. Naleshwar Village of Navipet IVlandal of District Nizamabad.

4. I/ohd. Tajuddin, S/o Aleemuddin R/o Naleshwar Village of Navipet [Viandal of District Nizamabad. Petitioners / Review Petitioners in LA.Nos. 1 to 3 o'f 2024 in LAAS No. 229 of 2010 And The Special Deputy Collector,, District. L-cum-Loc Unit, SRSP, Pochampad, Nizamabad .. Respondent / Respondent in l.A.Nos. 1 to 3 of 2024 in LAAS No. 229 of 2010 lA NO: 1 OF 2024 Petition under Sectron 151 CPC praying that in the circumstances stated tn the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certified copy of order dated 111212021 in LAAS No.

lA NO: 2 OF 2024 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 pleased to condone the delay of 888 days in filing the review petition in LAAS No. 229 of 2010 dated 111212021 lA NO: 3 OF 2024 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 review the order dated 111212021 in LAAS No.229 12010 -

L.A.A.S. No. 229 of 2010 Appeal Under Section 54 of LA.Act 1894 against the Judgment and decree dated 26-03-2009 passed in O.P.No. 27 ot 2007 on the file of the Court of the Senior Civil Judge, Nizamabad. Between The Special Deputy Collector,, L-cum-Loc Unit, SRSP, Pochampad, Nizamabad District. ...APPELLANT/ REFERRING OFFICER AND '1. Yogesh Kumar Harge, S/o. Laxman lttlaharaj R/o. Naleshwar Village of Navipet [Vlandal of District Nizamabad.

2. Demeri Gangamani, D/o. Pedda Linganna R/o. Naleshwar Village of Navipet Mandal of District Nizamabad. 3- Demeri Chinna Linganna, S/o. Gangaram R/o. Naleshwar Village of Navipet It/landal of District Nizamabad.

4. tt/lohd. Tajuddin, S/o. Aleemuddin R/o. Naleshwar Village of Navipet Mandal of District Nizamabad. ...RESPONDENTS/ CLAIMANT l.A. NO: 2 OF 201O(LAASMP. NO: 594 OF 2010) 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 grant stay of all further proceedings in pursuance of the judgment and decree passed in OP No.2712007 dated 26.03.2009 on the file of Senior Civil Judge, at Nizamabad, including execution proceedings in EP No.3212009 on the file of Senior Civil Judge, at Nizamabad, peending disposal of the above appeal l.A. NO: 3 OF 2010{LAASMP. NO: 1354 OF 2010) 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 extend the time granted on 23-6-2010 by four months as 23-6-2010 by four months as passed in LAASIVIP No. 594/2010 in LAAS No.22912010 Counsel for the Petitioners in l.A.Nos. 1 to 3 of 2024 : SRI GUDI MADHUSUDHAN REDDY Counsel for the Respondent in l.A.Nos. 1 to 3 of 2024 : SRI TIRUPATI REDDY, GOVT. PLEADER FOR APPEALS The Court delivered the following Judgment HIGH COURT FOR THE STATE OF TELANGANA A.T I{YDERABAD HON'I}LE SITI .ILISTICE K. LAKSTIMAN ANT) HON'I}I,E JUSTICE VAKITI RAMAKRISHNA REDDY I-.A..\.S.No.443 OF 2009 Be trr'ecn Yogesh Kumar I Iarge and [hree others .....Appellants AND 'l he Special Deputl Collccror. L-cum-Loc Unit SRSI'}, Pocharnpad .....Respondent l.A.Nos.l to3 of 2024 ln L.A.A.S.No.229 OF 2010 Bcfwee n Yogesh Kumal I{arge and thr.ee others .... Review Petitioners AND T'he Special Deputy Clollcctor', L-cum-Loc Unit SRSP, Pochampad . . . ..Respondent COMMON JIIDGMI,-NT: (per Hon'btc Sri .lrrsticc K. Lakshman ) Heard Mr. Gudi Madhusudhan Reddy, leamed counsel appearing for rhe appellants and Sri 'l'irupati Reddy, learned I I Date:22.01.2026

Government Pleader for appeals appearing on behalf of respondents in Review Petition I.A.No.3 of 2024 in L.A.A.S.No.229 of 2010.

2. l'he appeal in L.A.A.S.No .443 of 2009 is preferred under Section 54 of the Land Acquisition Act, 1894, challenging the order dated26.03.2009 passed by learned Senior Civil Judge at Nizamabad.

3. The facts in the present case are not in dispute. Notice U/s.a(1) of the Land Acquisition Act, 1984 was issued on 16.02.t972 vidc G.O.Rt.No.250, which was published in the Gazerte on l6.ll.l9'72. Vide lhe aforesaid notification, the respondent acquired the land admeasuring Ac.3.l0 guntas, in Sy.No.32 Ac.O. 16 guntas, in Sy.No.36 Ac.0.20 guntas, Sy.No .924 Ac.l .05 guntas situated at Navipet Village, Nizamabad District for the purpose of SRSp canal. Vide Award, dated 06.02.2007, the Land Acquisition Officer awarded an atnount of Rs.2,400/- per acre towards compensation. On the protest application filed by the appellants, the matter was referred to Civil Cour-t U/s. l8 of the Act, 1894. Vide impugned order dated 26.03.2009, the leamed Senior. Civil Judge. Nizamabad, enhanced the cornpensation fi'on.r Rs.2,400/- per Acre to Rs. 1,00,000/- per Acre. Challenging the said order, appellants preferred the present appeal.

J

4. It is the sper:ific contention of the appellants herein that the subject lands are dor-rble crop wet lands and the said fact was mentioned in Ilx.A 1 -.A.ri,ard No. I 9/88-89 dated 30. I I . I 988. In rhe award dated 06.02.2001 , therc is mention with regard to market value and it is specifrcatly mentioned that the survey numbers covered by the draft award u,ere difl'ered in theil office award Nos.l5/76-77 dated 12.11.1971 and 16176-ll datcd 2i 02.tgll and Rs.2,400/- per acre was au,arded lbr WDC lands in the above award tbr similar lands. Hence, the sarne rate was adopted for the survey numbers of the impugned au,ard, keeping in vierv thc market lalue fixed on notification

5. It is apt to note rhar vide G.O.Ms.No.56 dated 23.04.2002, Government categoriz.ed the lands classilving as double crop wet Iands under' (iovemment sources, where two crops ol paddy is grown. Rate of compensation awarded by Lok Adalat is Rs. I ,45,000/- per acre and rvhereas the Civil Court a,"varde d Rs. 1,00,000/-. Therefore, appellants sought lor enhancement of compensation.

6. On the othr:r hand, the learned Government pleader for Appeals conlended that irr respect ol same village lor the same purpose acquired in the year 1989, the leamed Civil Court awarded an amount of Rs. 19,000/- per acre. On consideration of the said aspect only i.e., Ex.A2 in O.P.No.74 of 1989, the Civil Court enhanced the compensation lrom [ts.2,4001- per acre to Rs. 1,00,000/_ per acre and thereby there is no error in enhancing the compensation.

7. It is not in dispute with regard to acquisition of lands. It is also not in dispute rhat vide impugned award dated 06.02.2007, the Land Acquisition Ofl-rcer awarded an amount of Rs.2,400/_ per acre towards compensatio,. It is also not in dispute that in the award itself, it was mentioned that the subject lands are double wet crops. It is also not in dispute that Government has issued G.O.Ms.No.56 dated 23.04.2002 fixing the compensation @ Rs. 1,45,000/- in respect of double crop wet lands under. the Government sources of water where two crops of paddy is grown. Admittedly, the subject lands are double crop wet lands.

8. The learncd Civil Court, despite referring G.O.Ms.No.56 dated 23.04.2002 and Award dared 06.02.2007, enhanced rhe compensation from Rs.2,400/- per acre to Rs.1,00,000/- instead of Rs. 1,45,000/-. Thus, the impugned order is not on consideration of ) the aloresaid aspects. Therefore, this appeal is allowed, enhancing the compensation fiom Rs.1,00,000/- to Rs.1,45,000/- per acre. The respondent shall pay the arnount along *,ith all the statutory benefits including solatiurn ri ithin three (03) months frorn the date of receipt ofa copy olthe order

9. It is pertinent to notc thar the respondent/claimants in L.A.A.S.No'.229 ol l0t0 filed [.A.Nos.l ro i ol 2024 seeking to dispense with the filing ol certified copy of rhe order dated 0l .12.2021 in L.A.A.S.No.229 of 2010 passed by the co-or.dinate Bench of this Cour1, to condone th,-' clelay ol'888 days in tiling the review petition and 1o review the ordcr dated 0l .12.2021 passed in L.A.A.S.No.229 of 2010. Therefore, u,ithout investigating [hc facr tl-rat the appeal filed by the claimant is pending, the clairnants fited the aforesaid three applications to revieu,the order dated 01 .12.202t in L.A.A.S.No.229 of 2010.

10. Today u,e have allowed I..A.A.S.No.443 of 2009. The appeal filed by claimants in L.A.A.S.No.443 of 2009 is independenr and it is nothing to do rvith the appeal filed by rhe State. Therefore.

the three applications i.e., I.A.Nos.1 to 3 of 2024 in L.A.A.S.No.229 ol 2010 are liable to be disrnissed and accordingly dismissed Consequently, miscellaneous petitions, if any, pending in these appeals sha ll stand closed Sd/-T. KRISHNA KUMAR JOINT REGIST //TRUE COPYII CTION OFFICER To, kul/DL 1 The Senior Civil Judge, Nizamabad ( with records )

2. One CC to SRl. B. H. R. CHOWDARY, Advocate tOpUCl

3. Two CCs to GP FOR APPEALS (TG) ,High Court for the State of Telangana tourl

4. Two CD Copies tu,

HIGH COURT DATED:2210112026 +D E CIIEE

JUDGMENT

LAAS.No.443 of 2009 AND r.A_ NOS. 1 TO 3 0F 2024 ln LAAS NO. 229 ot 2010 ALLOWING'I'HE LAAS NO.,I.I3 OF 2OO9 dxs 5h/r,3 () 2 5 l,lAH 2[26 q *,J L} 1 EE STA DF, C,r*i F. 1, * . r:,:.) 1":

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT

- THE HONOURABLE SRI JUSTICE K.LAKSHMAN AND THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY

1 Yogesh . [um.a1 fl.arge, _ S/o. Laxman Maharaj R/o. Naleshwar Village of Navipet lvlandal, District Nizamabad.

2. P.emeri G^gng.amgni, D/o. Pedda Linganna R/o. Naleshwar Village of Navipet Irlandal, District Nizamabad. 3 Demeri C^hinna Linganna, S/o. Gangaram R/o. Naleshwar Village of Navipet Mandal, District Nizamabad.

4. lVohd. Tajuddin, S/o. Aleemuddrn R/o. Naleshwar Village of Navipet tVlandal, District Nizamabad. ...APPELLANTS/ Cliimants The Special Deputy Collector, L-cum-Loc Unit,, SRSp, pochampad AND Between:

1. That the appeal be compensation from Rs and hereby is 1,00,000/- to Rs ...RESPONDENT allowed, enhancing the 1,45,0001- per acre. Appeal Under Section 54 of LA.Act 1894 against the Judgment and decree dated 26-03-2009 passed in o.P.No. 27 of 20oz 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 judgment and Decree of the Lower court and the material papers in the case and upon hearing the arguments of Sri Gudi t\Iaddhusudhan Reddy, Advocate for the Appellants and Sri Tirupati Reddy, Govt. Pleader for Respondents. This Court doth order and decree as follows

2. That the respondent shall pay the amount along with all the statutory benefits including solatium within three (03) months from the date of receipt of a copy of the order. Sd/.T. KRISHNA KUMAR JOINT REGISTRAR //TRUE COPY// IE TION OFFICER To '1. The Senior Civil Judge, Nizamabad.

2. Two C.D.Copies kul @

HIGH COURT DAIED:2210112O26 DT],CRT]F- LAAS.No.443 of 2009 ALLOWING'tI{U L.\AS N0. 1{3 0f 2009 J<s 5 lslte a>