(1) 4(1) Notification Dated 24.10.2003 vs State Of Kerala And Another2 on 16 March, 2026

    0
    49
    ADVERTISEMENT

    Andhra Pradesh High Court – Amravati

    (1) 4(1) Notification Dated 24.10.2003 vs State Of Kerala And Another2 on 16 March, 2026

                 THE HON'BLE SRI JUSTICE BATTU DEVANAND
                                         And
       THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
    
     LAND ACQUISITION APPEAL SUIT Nos. 213, 210, 211, 214, 216, 217,
     218, 219, 220, 223, 281, 282, 283, 284, 285, 286, 287, 289, 290 & 298 of
                                    2018 And
                     I.A.No.1 of 2025 in LAAS No.281 of 2018
    
    COMMON JUDGMENT and ORDER: (Per Hon'ble Sri Justice A. Hari Haranadha Sarma)
    
    Introductory:-
    
          (i)   These batch of appeals are filed under Section 54 of the Land
    
    Acquisition Act 1894, arising out of a batch of references in terms of Section
    
    18 of the Land Acquisition Act, traceable to Award No.14 of 2005
    
    Roc.No.A.100/2003 passed by the Special Tahsildar(LA), Jangareddigudem
    
    dated 28.02.2005 under Section11(1) of the Land Acquisition Act, 1894 [for
    
    short referred as 'the Act'] pursuant to the notification under Section 4(1) of
    
    the Land Acquisition Act, invoking urgency of the provisions under Land
    
    Acquisition Act, dispensing with enquiry under Section 5-A of the Act, which
    
    was approved in the proceedings of West Godavari Collector vide
    
    ROC.G3/5885/2003 dated 20.10.2003, and it was published in A.P. Gazette
    
    Extraordinary No.29 dated 24.10.2003, and notification was also published
    
    in local newspapers, Eenadu and Eluru Times.
                                                                2
    
    
    
                    (ii)    I.A.No.1 of 2025 is filed by appellant in LAAS.No.281 of 2018
    
         under Order-41 Rule-27 of CPC seeking permission to submit additional
    
         evidence.
    
    
         2.        The details of the land acquired, compensation awarded claimant
    
         wise and respective proceedings before the Reference Court with the
    
         appeal Numbers before this Court are as follows:-
    
    Sl. L.A.A.S                     L.A.O.P    Claimant Name       Land      R.S.No.   Compensation        Compensatio
    No. No.                         No.                            Extent              Awarded by          n awarded by
                                                                                       L.AO                Referral
                                                                                                           Court
    1.        220/2018 -Claimant    947/2012   I.SAILAJAKUMARI     Ac.6.98   1/9B      Rs.57000/-p.a        Rs.350000/-
              298/2018 -State                                      cents               (For Land)           p.a
                                                                                       Rs.110000/-          Rs.300000/-
                                                                                       p.a                  p.a
                                                                                       (For Bamboo)
    
                                                                                       Rs.301/-per tree     Rs.3000/-p.
                                                                                       (For Palm oil)       tree
    
                                                                                       Nil ( For Coconut) Rs.3000/-p.
                                                                                                          tree
    2.        210/2018-Claimant     950/2012   G.UDAYKUMAR         Ac.3.16   52/2B     Rs.57000/-p.a      Rs.350000/-
              285/2018 - State                                     cents               (For Land)         p.a
    
                                                                                       Rs.110000/-          Rs.300000/-
                                                                                       p.a(For Bamboo)      p.a
    
                                                                                       Nil(For              Rs.1000/-p.
                                                                                       Eucalyptus trees)    tree
    3.        211/2018 -Claimant    951/2012   G.RAMESHKUMAR       Ac.0.84   52/3B     Rs.57000/-p.a        Rs.350000/-
              282/2018 - State                                     cents               (For Land)           p.a
    
                                                                                       Rs.110000/-      Rs.300000/-
                                                                                       p.a (For Bamboo) p.a
    
                                                                                       Nil (For             Rs.1000/-
                                                                                       Eucalyptus trees)    p.tree
    4.        213/2018 - Claimant   949/2012   D.R.JAYALAKSHMI     Ac.6.98   1/9B      Rs.57000/-p.a        Rs.350000/-
              286/2018 - State                                     cents
                                                                                       (For Land)           p.a
                                                                                       Rs.110000/-p.a       Rs.300000/-
                                                                                       (For Bamboo)         p.a
                                                                                       Rs.301/-p. tree      Rs.3000/-p.
                                                                                       (For Palm oil)       tree
                                                                                       Nil ( For Coconut) Rs.3000/-p.
                                                                                                            tree
                                                               3
    
    
    
    5.        214/2018 - Claimant   952/2012   P.SUBBARAO         Ac.1.00   1/9A     Rs.57000/-p.a       Rs.350000/-
              284/2018 - State                                    cents              (For Land)          p.a
                                                                                     Rs.237/-p.tree      Rs.3000/-p.
                                                                                     (For palm oil)      tree
                                                                                     Nil(For             Rs.1000/-
                                                                                     Eucalyptus trees)   p.tree
    
    6.        216/2018 - Claimant 945/2012     V.SUBBARAJU        Ac.4.27   1/2      Rs.57000/-p.a       Rs.350000/-
              289/2018 - State                                    cents              (ForLand)           p.a
    
                                                                                     Rs.1416/-p.tree     Rs.3000/-p.
                                                                                     (ForCoconut)        tree
    
                                                                                     Nil(ForCocoa        Rs.1000/-
                                                                                     trees)              p.tree
    7.        217/2018 -Claimant    953/2012   A.PARVATHAMMA      Ac.1.79   53/5A2   Rs.57000/-p.a       Rs.350000/-
              290/2018- State                                     cents              (For Land)          p.a
    
                                                                  Ac.1.19   53/5B    Rs.1416/- tree      Rs.3000/-p.
                                                                  cents              (For Coconut)       tree
    
                                                               Ac.2.98
                                                               cents
                                                               TOTAL
    8.        218/2018 -Claimant    944/2012   V.V.RAMAKRISHNA Ac.5.00      1/2      Rs.57000/-p.a       Rs.350000/-
              281/2018- State                  M RAJU          cents                 (For Land)          p.a
                                                                                     Rs.1416/-           Rs.3000/-p.
                                                                                     p.tree (For         tree
                                                                                     Coconut)
                                                                                     Nil(For Cocoa       Rs.1000/-
                                                                                     trees)              p.tree
    
                                                                                     Rs.82025/-          Rs.100000/-
                                                                                     (For Bore well)
    
    9.        219/2018 - Claimant 948/2012        K.NJYOTHI       Ac.6.98   1/9B     Rs.57000/-p.a       Rs.350000/-
              283/2018 - State                                    cents              (For Land)          p.a
                                                                                     Rs.110000/-         Rs.300000/-
                                                                                     p.a. (For           p.a
                                                                                     Bamboo)
    
                                                                                     Rs.301/-p. tree     Rs.3000/-p.
                                                                                     (For palm oil)      tree
    
                                                                                     Nil(For Coconut)    Rs.3000/-p.
                                                                                                         tree
    10. 223/2018 - Claimant 946/2012           R.AMANGATAYAR      Ac.4.51   1/8A     Rs.57000/-p.a       Rs.350000/-
        287/2018 - State                       U                  cents              (For Land)          p.a
    
                                                                                     Rs.90000/-p.a       Rs.250000/-
                                                                                     (For Eucalyptus     p.a
                                                                                     tree)
    
    
    
         3.        For the sake of convenience, the parties will be hereinafter referred to
    
         as and how they are referred before the Reference Court.
                                          4
    
    
    
    4.     Heard the learned Advocate General appearing for the State/Land
    
    Acquisition Officer and Sri P. Gopal Das, learned counsel appearing for the
    
    claimants.
    
    5.     References made in terms of Section 18 of the Act were taken on file
    
    as LAOPs mentioned in above table by the Referral Court and they were
    
    decided under Common Judgment dated 29.03.2018 by the I Additional
    
    District Judge, West Godavari, Eluru (hereinafter referred as 'the Referral
    
    Court').
    
    6.     Feeling dissatisfied by the decree and judgement passed by the
    
    learned Referral Court, both the claimant and the Referral Officer filed the
    
    appeals. The details of the appeals connected to the LAOPs are mentioned
    
    in the above table.
    
    7.     Common arguments are advanced by the both counsel on record in
    
    respect of all the (20) matters. Since the matters substantially involving
    
    similar questions of fact and law, barring the deference as to the extent of
    
    land acquired and trees available on lands claimant-wise, these appeals are
    
    now answered by this common Judgement.
    
    Facto Matrix:-
    
    8.     [i]   Land covering various Survey Numbers including R.S.Nos.1/2,
    
    1/8A, 1/9A, 53/5A2 etc., of Vallampatla Village of T. Narasapuram Mandal,
    
    West Godavari District in an extent of 105.79 cents was acquired for
    
    foreshore submersion area under Yerra Kalava Reservoir project for public
                                            5
    
    
    
    purpose, invoking the urgency provisions under Section 17 (4) of the Land
    
    Acquisition Act, dispensing with the enquiry under Section 5-A of the Land
    
    Acquisition Act.
    
    
          [ii]    The Land Acquisition Officer after obtaining registration
    
    statistics in the vicinity of the lands under acquisition and on inspection of
    
    the lands under acquisition as well as the lands covered by the sales
    
    transactions fixed the market value. He has considered the sales of the
    
    year 2000, 2001, 2002, 2003 and observed that lands involved in
    
    acquisition are being cultivated with wet paddy, sugar cane, cashew nut and
    
    mango gardens, coconut with coco as inter crop. Bamboo garden and oil
    
    palm gardens with availability of bore wells in respect of certain lands.
    
    
          [iii]   Taking into consideration his discrete enquiries and the sale
    
    transactions etc., fixed the rate of land @Rs.57,000/- per acre along with
    
    statutory benefits i.e., 30% solatium etc..      In respect of certain lands
    
    consent Award was passed by awarding @Rs.1,00,000/- per acre inclusive
    
    of all benefits, whereas some land owners like the present claimants,
    
    demanded for higher compensation and refused to give consent, hence, the
    
    award under challenge is passed, observing that the concerned authorities
    
    have fixed the abnormal rates for certain lands of Bamboo garden etc., and
    
    that the excessive claim is made by the claimants. The Land Acquisition
    
    Officer fixed the price at Rs.57,000/- towards market value of the land and
    
    Rs.1,10,000/- per acre for Bamboo garden and at the rate of Rs.90,000/-
                                              6
    
    
    
    per acre for the lands where Eucalyptus trees are existing observing that
    
    the rates were fixed after pursuing the rates suggested by the Forest and
    
    Horticulture Departments.
    
    
            [iv]     After conducting enquiry, Land Acquisition Officer passed the
    
    Award No.14 of 2005. Since the same is not satisfactory to the claimants,
    
    References were made to the Referral Court in terms of Section 18 of the
    
    Act and the impugned orders came to be passed by the learned Referral
    
    Court. The details of the compensation awarded by the Referral Officer and
    
    the Referral Court are shown in the table mentioned above.        The Referral
    
    Court awarded compensation for palm oil tree @Rs.3000/-, coconut tree
    
    @Rs.3000/-, Eucalyptus @Rs.1000/-.           Feeling dissatisfied by the award
    
    and decree of referral Court both the claimants and the Referral officer are
    
    before this Court filing appeals questioning the sustainability of the award of
    
    the Referral Court.
    
    Arguments in the Appeal:-
    
    For the claimants:-
    
    9.
         (i) The Land Acquisition Officer simply stated that Registration statistics
    
                   of the vicinity of the lands are gathered from Sub-Registrar's
    
                   Office, Chintalapudi, but the date of proceedings etc., are not
    
                   shown.
                                                7
    
    
    
          (ii)    In the Award, the Land Acquisition Officer observed that the lands
    
                  are being cultivated with wet paddy, sugar cane, cashew nut and
    
                  Mango gardens, coconut with coco as inter crop; bamboo gardens
    
                  and oil palm gardens also raised and there is availability of bore
    
                  well in certain lands, but these aspects are not considered, while
    
                  granting the compensation.
    
    
          (iii)   Without considering the required parameters, the compensation is
    
                  fixed arbitrarily at Rs.57,000/- per acre and the enhancement is
    
                  also made mechanically by Referral Court.
    
    
          (iv)    Land Acquisition Officer failed to consider the legal and practical
    
                  aspect etc.. The learned referral Judge thought that he is sitting in
    
                  appeal over awarded of Land Acquisition Officer as appellate
    
                  authority and observed that awarded is liable to be set aside,
    
                  which is incorrect.
    
    
          (v)     Various factors to be considered while dealing with the land
    
                  acquisition matters are stated by Hon'ble Supreme Court in
                                                                                 1
                  Chimanlal Hargovinddas v. Special Land Acquisition Officer and
    
                  that they are not followed by both the Referral Officer and the
    
                  Referral Court.
    
    
    
    
    1
        (1988) 3 SCC 751
                                          8
    
    
    
    (vi)    The crucial documents marked on behalf of the claimants under
    
            Exs.A1 to A4 are not properly considered. Under Ex.A4, land in an
    
            extent of Ac.1.50 cents is sold, it is relevant to note that, under
    
            Ex.A4, there is reference to in agreement of sale dated
    
            22.11.1999, consideration is mentioned as on the date of
    
            agreement, whereas the sale is in the year 2003. Therefore, hike
    
            in the market value should have been taken @20% for every year,
    
            whereby the land value will come to Rs.6,30,000/- but the Referral
    
            Court has erroneously considered the land value @Rs.3,50,000/-
    
            only.   The vendor under Ex.A4-Mr.U.Pullarao is examined as
    
            PW.5, therefore, Ex.A4 stands proved.
    
    (vii)   The selection of sales and prices done by the Land Acquisition
    
            Officer are arbitrary.
    
    (viii) The learned Referral court having observing the lands are fertile
    
            lands, having water supply and yielding commercial crops, ought
    
            to have awarded a compensation at Rs.8,00,000/- per acre as
    
            claimed instead of Rs.3,50,000/-.
    
    (ix)    The Land Acquisition Officer has not filed any material base before
    
            the Court for fixing the compensation for the lands or trees.
    
    (x)     For the purpose of awarding compensation for bamboo and
    
            Eucalyptus gardens report was called from the DFO, who gave
    
            the report as Rs.2,14,000/- and Rs.1,38,000/- per acre. But the
                                             9
    
    
    
            Land    Acquisition   Officer       discarded   the   valuation     as   not
    
            reasonable, which is incorrect.
    
    (xi)    Evidence of PW.1 is not properly considered; in respect of bamboo
    
            garden the yield will be Rs.60,000/- per acre per annum and
    
            multiplier can be '15', then the entitlement comes to Rs.9,00,000/-
    
            where the Referral Court granted only Rs.3,00,000/-.              In respect
    
            of Eucalyptus guardian also, each tree if cut would fetch Rs.4000/-
    
            and there will be 1100 trees per acre where by the yield will be
    
            Rs.4,40,000/- and if the multiplier '15' is applied, the compensation
    
            will be more than awarded, whereas the Referral Court has
    
            awarded only Rs.2,50,000/- per acre.            Thus the claimants are
    
            entitled for more compensation.
    
    (xii)   In respect of palm trees also the Referral Officer awarded Rs.300/-
    
            per tree the Referral Court has enhanced Rs.3000/- but the
    
            valuation of palm oil tree is Rs.6500/- per tree even for the year
    
            2002.       Therefore,    the        compensation     awarded        require
    
            enhancement.
    
    (xiii) In respect of coconut tree the Land Acquisition Officer, awarded
    
            1415.83 and the Referral Court enhanced Rs.3000/- whereas the
    
            Supreme Court decided that in a case reported in 2010 (13) SCC
    
            384, on 18.10.2010 and awarded compensation for coconut tree
    
            @Rs.2675/-, where the Land Acquisition made in the state of Tamil
                                         10
    
    
    
           Nadu. If the acceleration of price has taken into consideration,
    
           from the date of acquisition mentioned in the said case to the date
    
           of acquisition in the present case, being 1985 to 2003, the coconut
    
           tree will fetch Rs.8000/- per tree. Therefore, the compensation
    
           require enhancement for coconut trees.
    
    (xiv) While determining the market value, the market value considered
    
           for statutory purposes need not be the complete basis; however,
    
           the same may be taken as a guiding factor to some extent .
    
    (xv)   It is not out of place to consider that, for the purpose of stamp duty,
    
           parties may sometimes undervalue the property, and therefore the
    
           actual market value may be higher than the value mentioned in the
    
           agreement of sale or in the sale documents.
    
    (xvi) With regard to the value of the trees, the palm tree value should
    
           have been considered @Rs.6500/- which is shown under Ex.A24,
    
           25, 26, and 27 and the payments are evidenced through proper
    
           official records and bank payments, therefore, the same need not
    
           be doubted.      In respect of coconut tree also the same is
    
           undervalued.
    
    (xvii) Compensation awarded in respect of bamboo garden requires
    
           enhancement; likewise in respect of trees also the compensation
    
           shall be enhanced.
                                             11
    
    
    
       (xviii) The statutory benefits of additional market value @12% and 30%
    
                solatium, should have been awarded on both the land as well as
    
                the trees. Further, interest @9% p.a. on the enhanced amount for
    
                one year and @15% till realisation require enhancement.
    
       (xix) The State has filed I.A.No.1 of 2025 in LAAS No.281 of 2018,
    
                which is directed against the O.P.No.944 of 2012, eight (08)
    
                documents are enclosed. Out of them, the seven (07) documents
    
                are relating to the sales pertaining to the year 2002 to 2005. The
    
                Land Acquisition officer did not choose to file these documents
    
                before the Referral Court. Referral Court has clearly mentioned at
    
                para 70 of the judgment that the Land Acquisition Officer did not
    
                file any material before the Court, for the basis which, he fixed
    
                compensation for the land as well as the trees. Now the present
    
                application is filed under I.A.No.1 of 2025 in the year 2025, after
    
                long lapse of time. Therefore, the effort of the land Acquisition
    
                Officer for production of the additional evidence, at this appellate
    
                stage, cannot be entertained.
    
    
    For the State/Referral Officer:-
    
    
    10.   [i]      Additional evidence produced vide I.A.No.1 of 2025 in LAAS
    
    No.281 of 2018 can be received as the same necessary for examining the
    
    core questions in the controversy.
                                           12
    
    
    
           [ii]   The Land Acquisition Officer has properly considered the
    
    valuation of the trees, garden and the land value with reference to
    
    comparative sales and the fixation of land value was properly done.
    
    
          [iii]   The enhancement of compensation by the learned Referral
    
    Court under the impugned judgement is baseless and excessive.
    
    
          [iv]    Learned Referral Court seriously erred in awarding the
    
    compensation for the land, trees as well as garden.
    
    
          [v]     The purpose of acquisition is for social welfare and for common
    
    good. Therefore, the claimant cannot expect windfall benefits. The appeals
    
    filed by the Referral Officer-State are fit to be allowed setting aside the
    
    award of the Referral Court and confirming the award of the Referral Officer.
    
    
    11.   We have perused the entire material available on record.
    
    
    12.   Anxious and thoughtful consideration is given to the extensive
    
    arguments submitted on both sides.
    
    
    13.   The points that arise for determination in this batch of appeals are -
    
    
                  1) Whether the additional evidence produced before this
                     appellate Court in i.A.no.1 of 2025 in LAAS No.281 of 2018
                     cane be received?
    
                  2) What is the result of the I.A.No.1 of 2025 in LAAS no.281 of
                     2018?
                                               13
    
    
    
                3) Whether the valuation of the land under the impugned
                      award and decree dated 28.02.2018 passed by the Referral
                      Court is proper? Or require any modification either by way of
                      enhancement or reduction?
    
                4) Whether the value of the trees, Coconut and Palm oil, per
                      each tree and the bore well fixed by the Land Acquisition
                      Officer or the Referral Court is proper? Or require any
                      modification?
    
                5) What is the result of the appeals?
    
    POINT NO.1 :-
    
    
    14.   [i]   The appellant in LAAS no.281 of 2018 wants to introduce the
    
    following documents through the present application vide I.A.No.1 of 2025:-
    
    
                (1)      4(1) notification dated 24.10.2003
    
                (2)      consent award vide no.3/2004, dated 15.03.2004
    
                (3)      Letter vide No.DB/D.1/F.L.9 (C)/Vol.1/7 Rev. Dated
                         11.1.2005    addressed    by   the   Executive   Engineer,
                         Yerrakalava Project, Janagareddygudem to the Special
                         Tahasildar
    
                (4)      Letter vide Rc.No.2374/04-S2 dated 12.02.2005 (which
    
                is subsequent to Ex.A10) addressed by the Divisional Forest
    
                Officer to joint Collector.
                                                14
    
    
    
                 (5)      Letter   vide   Rc.no.A1/186/2004          dated     08.02.2005
    
                addressed by the Assistant Director of horticulture, Eluru to
    
                Special Tahsildar with regard to valuation.
    
    
                 (6)      the statement of sale statistics of Vallampeta Village for
    
                 the period 01.01.200 to 31.10.2003 obtained from the office of
    
                 the Sub-Registrar, Chintalapudi
    
    
    15.   The objection for receiving the documents is that, they are very much
    
    available   and    supposed      to   be        in   the   custody   of   the   referral
    
    officer/applicant/appellant, what prevented from filing those documents
    
    earlier is not known. Therefore, said documents cannot be introduced at
    
    this belated stage.
    
    
    16.   The reason assigned by the applicant is that the Special Deputy
    
    Collector/ Land Acquisition Officer, Yerrakaluva Project in in-charge basis
    
    while reviewing pending Court cases with the concerned Government
    
    Pleader, he advised that certain additional evidence is very much essential
    
    to bring on record as additional evidence before this Court. Hence, the
    
    present application is filed at the earliest point of time and opportunity.
    
    
    17.   Land Government Leader strenuously submitted that the additional
    
    evidence can be received at appellate stage, if the same is relevant.              The
    
    test applicable is not the lapse of the party but it shall be the necessity for
    
    determination of the issue by the court.              Further, he has relied on the
                                                    15
    
    
    
    decisions passed by the Hon'ble Apex Court in Malayalam Plantations
    
    Limited Vs. State of kerala And Another2, vide para 16; Union of India
    
    vs. Ibrahim Uddin and Another3 vide paras 47, 48, 49, 50, 51,;
    
    A.Andiswamy Chettiyar Vs. A.Subburaj Chettiar4vide para 16, State of
    
    Karnataka and Another Vs. K.C.Subramanya and others5 vide paras 4
    
    to 9.:-
    
    
    18.       The observations made in the above authorities are as follows :-
    
    
              [i]    In Malayalam Plantations Ltd. v. State of Kerala (cited
    supra) the Hon'ble Apex Court observed at para 16 as follows:-
    
                     "16. If any petition is filed under Order 41 Rule 27 in an appeal, it is
              incumbent on the part of the appellate court to consider at the time of hearing the
              appeal on merits so as to find out whether the documents or evidence sought to
              be adduced have any relevance/bearing on the issues involved. It is trite to
              observe that under Order 41 Rule 27, additional evidence could be adduced in
              one of the three situations, namely, (a) whether the trial court has illegally refused
              the evidence although it ought to have been permitted; (b) whether the evidence
              sought to be adduced by the party was not available to it despite the exercise of
              due diligence; (c) whether additional evidence was necessary in order to enable
              the appellate court to pronounce the judgment or any other substantial cause of
              similar nature."
    
              [ii] In Union of India v. Ibrahim Uddin, [cited supra] vide paras 47,
    
    48, 49, 50, 51, the Hon'ble Apex Court held as under:-
    
    
    
    
    2
      (2010) 13 SCC 487
    3
      (2012) 8 SCC 148
    4
      (2015) 17 SCC 713
    5
      (2014) 13 SCC 468
                                           16
    
    
    
           "47. Where the additional evidence sought to be adduced removes the
    cloud of doubt over the case and the evidence has a direct and important bearing
    on the main issue in the suit and interest of justice clearly renders it imperative
    that it may be allowed to be permitted on record, such application may be allowed.
    
    
           48. To sum up on the issue, it may be held that an application for taking
    additional evidence on record at a belated stage cannot be filed as a matter of
    right. The court can consider such an application with circumspection, provided it
    is covered under either of the prerequisite conditions incorporated in the statutory
    provisions itself. The discretion is to be exercised by the court judicially taking into
    consideration the relevance of the document in respect of the issues involved in
    the case and the circumstances under which such an evidence could not be led in
    the court below and as to whether the applicant had prosecuted his case before
    the court below diligently and as to whether such evidence is required to
    pronounce the judgment by the appellate court. In case the court comes to the
    conclusion that the application filed comes within the four corners of the statutory
    provisions itself, the evidence may be taken on record, however, the court must
    record reasons as on what basis such an application has been allowed. However,
    the application should not be moved at a belated stage.
    Stage of consideration
           49. An application under Order 41 Rule 27 CPC is to be considered at the
    time of hearing of appeal on merits so as to find out whether the documents and/or
    the evidence sought to be adduced have any relevance/bearing on the issues
    involved. The admissibility of additional evidence does not depend upon the
    relevancy to the issue on hand, or on the fact, whether the applicant had an
    opportunity for adducing such evidence at an earlier stage or not, but it depends
    upon whether or not the appellate court requires the evidence sought to be
    adduced to enable it to pronounce judgment or for any other substantial cause.
    The true test, therefore is, whether the appellate court is able to pronounce
    judgment on the materials before it without taking into consideration the additional
    evidence sought to be adduced. Such occasion would arise only if on examining
    the evidence as it stands the court comes to the conclusion that some inherent
    lacuna or defect becomes apparent to the court. (Vide Arjan Singh v. Kartar Singh
    [1951 SCC 178 : AIR 1951 SC 193] and Natha Singh v. Financial Commr.,
    Taxation [(1976) 3 SCC 28 : AIR 1976 SC 1053] .)
                                                   17
    
    
    
                   50. In Parsotim Thakur v. Lal Mohar Thakur [(1931) 34 LW 76 : AIR 1931
           PC 143] it was held : (LW pp. 86-87)
    
    
                   "... The provisions of Section 107, Civil Procedure Code, as elucidated by
                   Order 41 Rule 27, are clearly not intended to allow a litigant who has been
                   unsuccessful in the lower court to patch up the weak parts of his case and
                   fill up omissions in the court of appeal.
    
                   ... Under Rule 27, clause (1)(b), it is only where the appellate court
                   'requires' it (i.e. finds it needful).... The legitimate occasion for the
                   exercise of this discretion is not whenever before the appeal is heard a
                   party applies to adduce fresh evidence, but 'when on examining the
                   evidence as it stands, some inherent lacuna or defect becomes apparent'.
    
                   ... It may well be that the defect may be pointed out by a party, or that a
                   party may move the court to supply the defect, but the requirement must
                   be the requirement of the court upon its appreciation of evidence as it
                   stands. Wherever the court adopts this procedure it is bound by Rule
                   27(2) to record its reasons for so doing and under Rule 29 must specify
                   the points to which the evidence is to be confined and record on its
                   proceedings the points so specified. ... the power so conferred upon the
                   court by the Code ought to be very sparingly exercised, and one
                   requirement at least of any new evidence to be adduced should be that it
                   should have a direct and important bearing on a main issue in the case."
    
                   (See also Indrajit Pratap Sahi v. Amar Singh [(1922-23) 50 IA 183 : AIR
                   1923 PC 128] .)
    
           51. In Arjan Singh v. Kartar Singh [1951 SCC 178 : AIR 1951 SC 193] this Court
           held : (AIR pp. 195-96, paras 7-8)
    
    
                   "7. ... If the additional evidence was allowed to be adduced contrary to
                   the principles governing the reception of such evidence, it would be a
                   case of improper exercise of discretion, and the additional evidence so
                   brought on the record will have to be ignored and the case decided as
                   if it was non-existent. ...
    
                   8. ... The order allowing the appellant to call the additional evidence is
                   dated 17-8-1942. The appeal was heard on 24-4-1942. There was thus
                   no examination of the evidence on the record and a decision reached
                   that the evidence as it stood disclosed a lacuna which the court
                   required to be filled up for pronouncing its judgment."
    
           [iii]   In a case between A. Andisamy Chettiar and A. Subburaj
    
    Chettiar, [cited supra] the observations of the Hon'ble Apex Court vide para 16
    
    are as follows:-
                                                  18
    
    
    
           "16. In Union of India v. Ibrahim Uddin [Union of India v. Ibrahim Uddin, (2012) 8
    SCC 148 : (2012) 4 SCC (Civ) 362] this Court has held as under: (SCC p. 171, para 49)
    
                   "49. An application under Order 41 Rule 27 CPC is to be considered at the
            time of hearing of appeal on merits so as to find out whether the documents
            and/or the evidence sought to be adduced have any relevance/bearing on the
            issues involved. The admissibility of additional evidence does not depend upon
            the relevancy to the issue on hand, or on the fact, whether the applicant had an
            opportunity for adducing such evidence at an earlier stage or not, but it depends
            upon whether or not the appellate court requires the evidence sought to be
            adduced to enable it to pronounce judgment or for any other substantial cause.
            The true test, therefore is, whether the appellate court is able to pronounce
            judgment on the materials before it without taking into consideration the
            additional evidence sought to be adduced."
    
           [iv]    In State of Karnataka v. K.C. Subramanya and ors. [cited
    
    supra] the observations at para nos.4 to 9 are as follows:-
    
                   "4. However, we do not feel impressed with this argument and deem it fit
           to reject it in view of Order 41 Rule 27(1)(aa) which clearly states as follows:
    
                   "27. (1)(a)***
    
                   (aa) the party seeking to produce additional evidence, establishes that
           notwithstanding the exercise of due diligence, such evidence was not within his
           knowledge or could not, after the exercise of due diligence, be produced by him at
           the time when the decree appealed against was passed, or
    
                   (b) ***"
    
                   On perusal of this provision, it is unambiguously clear that the party can
           seek liberty to produce additional evidence at the appellate stage, but the same
           can be permitted only if the evidence sought to be produced could not be
           produced at the stage of trial in spite of exercise of due diligence and that the
           evidence could not be produced as it was not within his knowledge and hence was
           fit to be produced by the appellant before the appellate forum.
    
                   5. It is thus clear that there are conditions precedent before allowing a
           party to adduce additional evidence at the stage of appeal, which specifically
           incorporates conditions to the effect that the party in spite of due diligence could
           not produce the evidence and the same cannot be allowed to be done at his
           leisure or sweet will.
                                                 19
    
    
    
                 6. In the instant matter, the appellants are a public authority and have
          sought to produce a road map which, it is unbelievable, was not within the
          knowledge of the appellants indicating a road to the disputed land. Therefore, the
          rejection of the application of the appellants to rely on the said map has rightly not
          been entertained at the stage of first appeal. The impugned order [State of
          Karnataka v. K.C. Subramanya, Regular First Appeal No. 1765 of 2005, decided
          on 26-7-2011 (KAR)] thus does not suffer from legal infirmity so as to interfere with
          the same.
    
                 7. However, we deem it appropriate to observe further that the appellants
          are the Government of Karnataka and, therefore, if it is of the view that the land in
          question requires construction of a public road, no one can stop it from acquiring
          the land in question. In fact, the appellants appear to have taken steps earlier for
          acquisition of the land in question but what prevailed upon the appellants to drop
          the acquisition proceeding is not quite clear.
    
                 8. The present appeal arises out of a simple suit of declaration and
          confirmation of possession which was decreed in favour of the respondents and

    was upheld by the High Court. The decree having been passed after contest,
    cannot be interfered with unless the counsel could prove perversity in the finding
    recorded concurrently by the courts below. It is clear that the appellants have
    miserably failed to do so and, therefore, they cannot bank upon the equity and
    good conscience of this Court beseeching interference with a contested decree
    passed in favour of the respondents.

    9. It is no doubt true that the court at times can exercise its due diligence
    for taking the relevant aspects of the matter while exercising its discretion for
    application of equity and good conscience. But, insofar as the appellants in this
    appeal are concerned, that also is lacking as we fail to comprehend as to why the
    appellants dropped the acquisition proceeding if it thought that the land in question
    was so essential and viable for using it as a public road.”

    SPONSORED

    19. In the award under challenge, there is formal reference to 4(1)

    Notification dated 24.10.2003 and also collection of information from various

    authorities and the date as to comparative sales etc., relied on by the
    20

    Referral Officer. Now the proposed documents are nothing but

    supplementation of the material to some extent part of the record. But why

    these documents very much available during the pendency of the trial, are

    not produced before the Referral Court is not even whispered. The

    deponent narrates that at the earliest opportunity the documents are being

    filed. The reference was of the year 2005 and the LAOPs are of the year

    2012 and now the appeals are of the year 2018. The application is filed in

    the year 2025. So the contention that the documents are filed at the earlier

    opportunity cannot be accepted.

    20. Upon application of test of due diligence, no merit is found in the

    contention of the applicant. Further, on considering the test of necessity

    and whether this Court will not be in a position to decide the matter in the

    absence of material, now being sponsored in I.A. No.1 of 2025, this Court

    finds that even in the absence of the material enclosed to I.A.No.1 of 2025

    in LAAS No.281 of 2018, this Court is not handicapped and the matters can

    be decided. Therefore, upon application of any test contemplated under

    either Order -41 Rule -27 of CPC or in terms of the guidance in the

    precedents cited, the prayer for receiving additional evidence found not

    convincing. Hence, the point No.1 framed is answered accordingly against

    the petitioner and hence, I.A.No.1 of 2025 in LAAS No.281 of 2018 is liable

    to be dismissed.

    21

    Point No.2 :-

    21. In the result, I.A. No.1 of 2025 in LAAS No.281 of 2018 is dismissed.

    Point No.3:-

    A. LAND VALUE:-

    Precedential Guidance:-

    22. [i] Parameters for determination of the land value in land

    acquisition matters are dealt by the Honourable Apex Court in Shaji

    Kuriakose v. Indian Oil Corpn. Ltd.6, vide para 3, the observations are as

    follows:-

    “3. It is no doubt true that courts adopt comparable sales method of
    valuation of land while fixing the market value of the acquired land. While
    fixing the market value of the acquired land, comparable sales method of
    valuation is preferred than other methods of valuation of land such as
    capitalisation of net income method or expert opinion method. Comparable
    sales method of valuation is preferred because it furnishes the evidence for
    determination of the market value of the acquired land at which a willing
    purchaser would pay for the acquired land if it had been sold in the open
    market at the time of issue of notification under Section 4 of the Act.
    However, comparable sales method of valuation of land for fixing the
    market value of the acquired land is not always conclusive. There are
    certain factors which are required to be fulfilled and on fulfilment of those
    factors the compensation can be awarded, according to the value of the
    land reflected in the sales. The factors laid down inter alia are: (1) the sale
    must be a genuine transaction, (2) that the sale deed must have been
    executed at the time proximate to the date of issue of notification under
    Section 4 of the Act, (3) that the land covered by the sale must be in the

    6
    (2001) 7 SCC 650
    22

    vicinity of the acquired land, (4) that the land covered by the sales must be
    similar to the acquired land, and (5) that the size of plot of the land covered
    by the sales be comparable to the land acquired. If all these factors are
    satisfied, then there is no reason why the sale value of the land covered by
    the sales be not given for the acquired land. However, if there is a
    dissimilarity in regard to locality, shape, site or nature of land between land
    covered by sales and land acquired, it is open to the court to
    proportionately reduce the compensation for acquired land than what is
    reflected in the sales depending upon the disadvantages attached with the
    acquired land. ….”

    [ii] The Hon’ble Supreme Court of India in the case of ‘Shanti

    Bhushan (D) through LR’s and others and State of U.P. and others 7,

    observed in paras 21 to 23 as follows:-

    “21. In view of Article 23 of Schedule I of the Stamp Act, the stamp duty payable
    on a conveyance will be in accordance with the market value of the subject
    property on the date of the conveyance unless the consideration shown therein is
    more than the prevailing market value. A useful reference can be made to a
    decision of this Court in the case of the State of Rajasthan v. Khandaka Jain
    Jewellers5
    . Paragraphs 18 and 19 of the said decision read thus:

    “18. The contention of the learned counsel for the State that as per
    Section 17 of the Act, the market value has to be taken into consideration
    because Section 17 stipulates that all the instruments chargeable with duty
    and executed by person of India shall be stamped before or “at the time of
    execution”. The word “execution” has been defined in Section 2(12) of the
    Act which says that “execution” used with reference to the instruments, mean
    “signed” and “signature”. Therefore, it shows that the document which is
    sought to be registered has to be signed by both the parties. Till that time the
    document does not become an instrument for registration. A reading of
    Section 2(12) with Section 17 clearly contemplates that the document should
    be complete in all respects when both the parties should have signed it with
    regard to the transfer of the immovable property. It is irrelevant whether the
    matter had gone in for litigation.

    19. It may be mentioned that there is a difference between an
    agreement to sell and a sale. Stamp duty on a sale has to be assessed on
    the market value of the property at the time of the sale, and not at the time of
    the prior agreement to sell, nor at the time of filing of the suit. This is evident
    from Section 17 of the Act. It is true that as per Section 3, the instrument is to
    be registered on the basis of the valuation disclosed therein. But Section 47-

    7
    2023 SCC Online SC 489
    23

    A of the Rajasthan (Amendment) Stamp Duty Act contemplates that in case it
    is found that properties are undervalued then it is open for the Collector
    (Stamps) to assess the correct market value. Therefore, in the present case
    when the registering authority found that valuation of the property was not
    correct as mentioned in the instrument, it sent the document to the Collector
    for ascertaining the correct market value of the property.”

    22. Ultimately in paragraph 22, this Court held thus:

    “22. In this background, if we construe Section 17 read with Section 2(12) then
    there is no manner of doubt that at the time of registration, the registering authority
    is under an obligation to ascertain the correct market value at that time, and should
    not go by the value mentioned in the instrument.”

    (emphasis added)

    23. Hence, when a sale deed is presented for registration, the registering authority
    must ascertain the correct market value of the property subject matter of the
    document on the date of execution of the document. The stamp duty is payable on
    the basis of such market value and not on the consideration mentioned in the
    document. If the consideration mentioned is more than the market value, the stamp
    duty will be payable on the consideration shown. Moreover, the market value
    mentioned in the agreement for sale or the market value prevailing on the date of
    the agreement or the market value prevailing on the date on which the bargain was
    struck is of no relevance for deciding the stamp duty. The relevant market value is
    the one which prevails on the date of execution of the conveyance. Therefore, we
    have no manner of doubt that the appellants were under an obligation to pay stamp
    duty calculated on the market value of the sale deed property on the date of
    execution of the sale deed.”

    [iii] Further, with regard to the scope with which the land acquisition

    proceedings are to be dealt with and various factors to deal with the

    valuation of the land under Land Acquisition Act as well as the scope and

    ambiguity of powers of the Referral Court are addressed by the Honourable

    Apex Court in Chimnlal Hargovinddas Vs. Special Land Acquisition

    Officer, Poona And Another8, paras 3 and 4 reads as follows:-

    “3. Before tackling the problem of valuation of the land under
    acquisition it is necessary to make some general observations. The
    compulsion to do so has arisen as the trial court has virtually treated the
    award rendered by the Land Acquisition Officer as a judgment under appeal

    8
    (1988) 3 SCC 751
    24

    and has evinced unawareness of the methodology for valuation to same
    extent. The true position therefore requires to be capsulized.

    4. The following factors must be etched on the mental screen:

    (1) A reference under Section 18 of the Land Acquisition Act is not an appeal
    against the award and the court cannot take into account the material relied upon by
    the Land Acquisition Officer in his award unless the same material is produced and
    proved before the court.

    (2) So also the award of the Land Acquisition Officer is not to be treated as a
    judgment of the trial court open or exposed to challenge before the court hearing the
    reference. It is merely an offer made by the Land Acquisition Officer and the
    material utilised by him for making his valuation cannot be utilised by the court
    unless produced and proved before it. It is not the function of the court to sit in
    appeal against the award, approve or disapprove its reasoning, or correct its error or
    affirm, modify or reverse the conclusion reached by the Land Acquisition Officer, as
    if it were an appellate court.

    (3) The court has to treat the reference as an original proceeding before it and
    determine the market value afresh on the basis of the material produced before it.
    (4) The claimant is in the position of a plaintiff who has to show that the price offered
    for his land in the award is inadequate on the basis of the materials produced in the
    court. Of course the materials placed and proved by the other side can also be
    taken into account for this purpose.

    (5) The market value of land under acquisition has to be determined as on the
    crucial date of publication of the notification under Section 4 of the Land Acquisition
    Act (dates of notifications under Sections 6 and 9 are irrelevant).
    (6) The determination has to be made standing on the date line of valuation (date of
    publication of notification under Section 4) as if the valuer is a hypothetical
    purchaser willing to purchase land from the open market and is prepared to pay a
    reasonable price as on that day. It has also to be assumed that the vendor is willing
    to sell the land at a reasonable price.

    (7) In doing so by the instances method, the court has to correlate the market value
    reflected in the most comparable instance which provides the index of market value.
    (8) Only genuine instances have to be taken into account. (Sometimes instances
    are rigged up in anticipation of acquisition of land.)
    (9) Even post-notification instances can be taken into account (1) if they are very
    proximate, (2) genuine and (3) the acquisition itself has not motivated the purchaser
    to pay a higher price on account of the resultant improvement in development
    prospects.

    (10) The most comparable instances out of the genuine instances have to be
    identified on the following considerations:

    (i) proximity from time angle,

    (ii) proximity from situation angle.

    (11) Having identified the instances which provide the index of market value the
    price reflected therein may be taken as the norm and the market value of the land
    under acquisition may be deduced by making suitable adjustments for the plus and
    minus factors vis-à-vis land under acquisition by placing the two in juxtaposition.
    (12) A balance-sheet of plus and minus factors may be drawn for this purpose and
    the relevant factors may be evaluated in terms of price variation as a prudent
    purchaser would do.

    (13) The market value of the land under acquisition has thereafter to be deduced by
    loading the price reflected in the instance taken as norm for plus factors and
    unloading it for minus factors.

    (14) The exercise indicated in clauses (11) to (13) has to be undertaken in a
    common sense manner as a prudent man of the world of business would do. We
    may illustrate some such illustrative (not exhaustive) factors:

                       Plus factors                                     Minus factors
                                           25
    
    
    
    1.              smallness of                 1.               largeness of area
                    size
    2.              proximity to a               2.               situation in the
                    road                                          interior at a
                                                                  distance from the
                                                                  road
    3.              frontage on a                3.               narrow strip of land
                    road                                          with very small
                                                                  frontage compared
                                                                  to depth
    4.              nearness to                  4.               lower level
                    developed                                     requiring the
                    area                                          depressed portion
                                                                  to be filled up
    5.              regular shape                5.               remoteness from
                                                                  developed locality
    6.              level vis-à-vis              6.               some special
                    land under                                    disadvantageous
                    acquisition                                   factor which would
                                                                  deter a purchaser
    7.              special value
                    for an owner of
                    an adjoining
                    property to
                    whom it may
                    have some
                    very special
                    advantage
    
    

    (15) The evaluation of these factors of course depends on the facts of each
    case. There cannot be any hard and fast or rigid rule. Common sense is the
    best and most reliable guide. For instance, take the factor regarding the
    size. A building plot of land say 500 to 1000 sq. yds. cannot be compared
    with a large tract or block of land of say 10,000 sq. yds. or more. Firstly while
    a smaller plot is within the reach of many, a large block of land will have to
    be developed by preparing a lay out, carving out roads, leaving open space,
    plotting out smaller plots, waiting for purchasers (meanwhile the invested
    money will be blocked up) and the hazards of an entrepreneur. The factor
    can be discounted by making a deduction by way of an allowance at an
    appropriate rate ranging approximately between 20 per cent to 50 per cent
    to account for land required to be set apart for carving out lands and plotting
    out small plots. The discounting will to some extent also depend on whether
    it is a rural area or urban area, whether building activity is picking up, and
    whether waiting period during which the capital of the entrepreneur would be
    locked up, will be longer or shorter and the attendant hazards.
    (16) Every case must be dealt with on its own fact pattern bearing in mind all
    these factors as a prudent purchaser of land in which position the judge
    must place himself.

    (17) These are general guidelines to be applied with understanding informed
    with common sense.”

    26

    Evidence, Reasoning and Findings:-

    23. [i] The contention of the claimants is that the evidence of PWs 1

    to 4 is crucial and the documents under Exhibit A1 to A4 vindicates the

    contention of the claimants as to the land value, which can be the basis for

    arriving at just an adequate compensation in respect of the lands acquired.

    [ii] PW.1 – G.Rama Varma is Power of attorney holder of

    claimant/s in O.P.Nos.58,59, 60, 61 of 2005. Likewise, PW.2- G.Vijaya

    Rama Raju Power of Attorney holder of claimant/s in O.P.Nos.944, 945, 950

    and 951 of 2012; and PW.3-P. Sibba Rao is claimant in O.P.Nos. 952 of

    2012;

    [iii] PW4-Ch. Venkata Subramanyam is a purchaser of the land

    during the year 2012 in R.S.No.394/2B2 of Mathannagudem village. He

    stated that he has purchased the land in an extent of Ac.2.41 cents for a

    consideration of Rs.8,05,000/- and that there is hike in the land value,

    hence, the land fetch @Rs.8,00,000 to Rs.10,00,000/- per acre.

    [iv] PW5- U.Pulla Rao stated that he owned the land in an extent of

    Ac.1.50cents in R.S.No.595/1 in Taduvai village. He claimed that he sold

    the land @Rs.3,50,000/- per acre and copy of the sale deed is marked

    under Ex.A4. It is pertinent to note that here itself the distance between

    Vellampatla village, the land under acquisition and Tadavi village is at about

    10 to 15 kilometres as admitted by him.

    27

    [v] PW6 – I.Vijay Krishna Raju was examined to show that he

    owned Ac.2-00cents of land in Vallampatla village and there is 60 oil palm

    trees in an acre and each tree will yield 300 Kgs per year. The value of One

    KG is Rs.3.50p in the year 2003. As on the date of he giving evidence, it is

    @6.50p. Coconut garden can also have 60 trees per acre and each tree

    will yield 100 coconuts per annum and annual income comes to Rs.36,000/-

    and the value of coconut tree is around Rs.2500/-

    [vi] PW.7-G.Baburao evidence is in the same lines of PW5. He has

    admitted that he do not file documents to show that he had lands in

    Vallampatla village.

    [vii] PW8- Ch.Rama Raju stated that he owned AC.3–00 acres of

    land in Vallamptala village. His evidence is also in same lines of PW5.

    [viii] PW9- A. Durga Rao evidence is relied by claimants to indicate

    that the Palm tree price paid to him, when trees are cut for by the A.P.

    Transco for the purpose of laying high tension wires across the land. He

    has stated that a compensation of Rs 6,500/- per each tree was paid. He

    has relied on the copy of the proceedings issued by A.P. Transco in the year

    2001 and the certificate issued by Andra Bank, Jangareddigudem branch

    marked as Exhibits A24 and A25.

    [ix] PW10-A.Srinivasa Rao stated that in respect of his lands also

    for laying high tension wires, palm trees were cut and a compensation of
    28

    Rs.6500/- was paid. He has relied on Exs.P26 and P27, to show the

    documents issued by the department.

    [x] PW.11-K.Satyanrayan, the then Forest Range Officer stated

    that in respect of R.S.Nos.1/9B, 52/2B, 52/3B of Vallampatla village he

    made visits and the claimants used to cut bamboo plantations, after

    obtaining necessary permission from the Forest Department.

    [xi] Ex.A1 is the sale deed dated 16.10.2002, the market value is

    shown @Rs.2,61,000/- per acre and the value of the palm trees shown

    @Rs.500/- . The land is in Vallamphatla village covered by R.S.No.1/9.

    [xii] Ex. A2 is the sale deed dated 30.12.2012. Land is in an extent

    of Ac.2.41 cents for Rs.8,05,000/- and the land is situated in

    Mathannagudem village,1530 of Eucalyptus trees also sold along with the

    land.

    [xiii] Ex.A3 is the sale dated 20.01.2003, the land is situated in

    Vallampattla village vide Sy.No.48/3 and the land sold is 0.06cents for the

    value of Rs.1,46,000/-.

    [xiv] It is submitted for the claimants that, Ex.A4 is a sale deed

    preceded by an agreement of sale dated 22.11.1999 and the land is

    covered by Sy.No.595/1, Thaduvai Village and the land value is shown

    @Rs.3,.50,000/- per acre. The argument in respect of this document is that
    29

    PW5 deposed about the said document and the land value is around

    Rs.3,50,000/- in the year 1999, whereas the acquisition is in the year 2003.

    Therefore, there must be increase in price, whereas the argument on behalf

    of the Land Acquisition Officer/the government is that the land is situated in

    15 kilometers in a different village and the values cannot be the basis. In

    the award, the Land acquisition Officer referred about the valuation of the

    lands under Part-3 of the award No.14 of 2005, dated 28.2.2005. And in

    respect of certain lands vide R.S.No. 1/9, 48/3, 107, 158/3, 153/9c etc., the

    value of the land per acre is much higher than the value fixed by the Land

    Acquisition Officer.

    [xv] (a) RW.1-K.Peddi Raju, the referral officer stated that about

    the necessity of acquisition, the procedure followed, obtaining of registration

    statistics in the land value and the consent given by certain land owners for

    acquisition. His evidence in specific is that acre 105.99 cents of land in

    R.S.No.1/2, 1/8A,1/9A, 53/5A2 of Vellampatla village of T.Narasapuram are

    similar in nature. Consent Award was passed paying a lumpsum amount of

    Rs.1,00,000/- per acre inclusive of all benefits under the Act, in respect of

    the lands in Ac.63.09 cents. Further, he has stated that the rate fixed for

    bamboo garden at Rs.2,14,473/- per acre and Rs1,38,171/- per acre for

    Eucalyptus trees etc., are not justified and they are abnormal. Eucalyptus

    trees, palm oil plants and coconut plants etc., are not giving any yielding as

    on the date of notification. Therefore, the claims are in exaggeration. The
    30

    transaction shown by the petitioners are covered by small extents and they

    are purposeful sales with a predetermined idea to get more compensation in

    anticipation of acquisition. Hence, he is constrained to fix the value

    @Rs.57,000 per acre and Rs.1,10,000/- and Rs.90,000/- in respect of

    bamboo Eucalyptus gardens with other statutory benefits.

    (b) During the cross examination, RW 1 stated that, he prepared the

    award. He has recorded the statements of claimants. The lands covered by

    R.S.Nos.1/2, 1/8A, 1/9b,52/2B, 52/3B,53/5A2,53/5A2, 53/5B, in total 42.70

    cents. The lands are red cotton soil, which is good for all commercial crops.

    While fixing the value one has to consider the sales statistics, income and

    the rental value of the land. The award is not reflecting the same. As per

    the award the lands are being cultivated Wet Paddy, palm oil, bamboo

    garden, coconut, Eucalyptus trees and at the time of inspection the crops

    were existing in the lands. He did not examine or recorded the statements

    of any persons concerned with the sales statistics. He do not know whether

    there is practice to quote lesser prices in order to minimize the stamp duty

    for sales transactions. The stamp duty will be normally paid on the basis of

    basic value Register. The basic value at Registrar office is the guidelines to

    the Registration department and the same is not final for assessing the

    market value of the lands. He has ignored the value mentioned in Sl.no.4 of

    2002 and Sale no.3 of 2003, where the value of the land mentioned

    @Rs.2,93,500/- per acre and Rs.1,50,00/- per acre respectively. He has
    31

    not examined any person relating to Sale No.4 of 2022 and Sale No.3 of

    2003. He has not taken into consideration the probable escalation of prices

    in the area and the District Forest officer gave report for price in respect of

    bamboo tress @Rs.2,14,473 per acre, but as per the award,

    @Rs.1,10,000/- per acre is awarded but he did not call for any third party

    opinion for deferring the value. He did not know whether the oil palm

    garden got yielding within three years from the date of planting. He do not

    know how many bunches of fruits will be the yielding to a palm oil tree. He

    did not consider the income derived per each tree per year and did not

    inquire about the lifespan of palm oil tree and one has to consider the

    longitude of the tree and also yielding of each tree. While fixing the value,

    he has not made any exercise to assess the compensation for coconut tree,

    also basing on the lifespan and the yield per acre, per annum. He has no

    idea about the income retched to a coconut tree per annum. He did not

    prepare any mediator’s report at the time of inspection. He has denied the

    compensation for some coconut plants, because of the age of the plants

    being under aged. However, admitted that there is no record to show the

    age of coconut plant. He did not call for the report from the Horticulture

    department as to age of the plants and whether they deserve any

    compensation. He has denied the compensation for some of the coconut

    trees, since they are ripe yielding. He has no personal knowledge about the

    agriculture.

    32

    24. After marshalling evidence, the learned Referral Court found that

    observations of the learned Land Acquisition Officer are unfounded,

    incorrect and arbitrary in awarding of compensation @Rs.1,10,00/- per acre

    for bamboo garden, without taking note of yielding or longevity of the

    bamboo garden is not correct.

    25. Further the evidence of PW.11- Forest Range Officer vindicates that

    the claimants used to obtain permission for cutting the bamboo plant; the

    same suggests that there was existence of bamboo plants, as per the

    DFOs’ report the value is Rs.2,14,000/- per acre but the Land Acquisition

    Officer awarded only Rs.1,10,000/- is arbitrary matter. In respect of

    Eucalyptus trees garden also awarding Rs.90,000/- per acre by the Land

    Acquisition Officer, found as baseless by the Referral Court.

    26. The referral Court upon considering both oral and documentary

    evidence, enhanced the following:-

    (a) The land value from Rs.57,000/- to Rs.3,50,000/-.

    (b) Eucalyptus garden from Rs.90,000/- to Rs.2,50,000/- per acre
    (O.P.Nos.945 and 946 of 2012).

    (c) Bamboo garden from Rs.1,10,000/- to Rs.3,00,000/- per acre
    (OP.No.947, 948 of 2012)

    (d) Coconut trees from Rs.1415.83 to Rs.3000/- per tree
    (Commonly for all wherever the trees exists).

    (e) Coco trees ‘nil’ to Rs.1000/- per tree (O.P.No.944 of 2012)

    (f) Bore well from Rs.82,000/- to Rs.1,00,000/- (o.p.No.944 of
    2012)
    33

    (g) Palm oil tree from Rs.300/- to Rs.3000/-. per tree (Commonly
    for all wherever the trees exists).

    27. The argument in the appeals for the Referral officer, on behalf of the

    State is that wherever the compensation is awarded for the lands and trees,

    the enhancement is not necessary, the claimants are entitled for one

    composition i.e., either for the land if is agricultural land or if it is to be a

    garden or thope, for compensation on capitalization method, but not for

    both. Therefore, calculating the compensation for both, Eucalyptus garden

    and the land, does not arise. For awarding compensation on capitalization

    method, the annual yield and income from a respective tree are the garden

    and applying appropriate multiplier is necessary. Clear evidence is not

    placed before the Referral Court. The Referral officer has awarded

    compensation both trees and garden in the award itself, therefore, now the

    argument of the learned Advocate General, appearing on behalf of the

    State/Special Deputy Collector (LA)/appellant, awarding of compensation on

    both heads is not acceptable. Since the capitalisation method is not

    resorted to by recording appropriate evidence, it can be considered that the

    Land Acquisition Officer on physical inspection and on information, as

    deposed by him found it proper that the valuation is to be made on both

    counts in his best judgment. Therefore, the argument that there cannot be

    valuation on two counts is not acceptable in the facts and circumstances of

    the present case. Particularly for the reason, the initial award itself is

    indicating the entitlement for compensation both lands, tree and garden.
    34

    Therefore, the scope of enhancement shall be in respect of both and

    justification thereof. The reasoning adopted by the Referral Court for

    adopting the enhancement is found logical.

    28. Upon considering the evidence, reasoning given by the Referral Court

    with reference to the evidence on record and also the admissions of the

    Referral Officer, we are of the considered view that the value fixed in

    respect of the land as well as the garden of the bamboo and Eucalyptus

    trees, by the Referral Court found reasonable and does not require any

    interference. Consequently, the prayer of the claimants for enhancing the

    compensation as well as the prayer of Referral Officer/State for reduction

    does not deserve any interference. Point No.1 framed is answered

    accordingly. Entitlement of the claimants would be for the land

    @Rs.3,50,000/- per acre and in respect of garden at the rate fixed by the

    Referral Court in respect of Bamboo end Eucalyptus garden viz.,

    Rs.3,00,000/- and Rs.2,50,000/- respectively.

    Point No.4:-

    29. The compensation fixed by the Learned Referral Court in respect of

    Trees and bore well is as follows:-

    1) Coconut tree @Rs.3,000/- per tree

    2) Coco Tree @Rs.10000/- per tree

    3) Palm oil Tree @Rs.3000/- tree
    35

    4) Borewell tree @Rs.1,00,000/-

    5) Eucalyptus Tree @Rs.1000/- tree

    30. In a case between Petronet CCK limited Vs. ND Additional District

    Judge9, vide Civil Revision Petition No.100/2012 the Hon’ble Kerala High

    Curt while considering the calculation of compensation with reference to life

    span of the coconut trees etc., aspects, based on relevant agricultural

    practices, considered the value of coconut tree @Rs.5000/-.

    31. The High Court of Andhra Pradesh in a case between

    G.Narayanamma and Special Deputy Collector (LA)10 considering the

    compensation payable to fruit bearing trees, following the precedents of the

    Hon’ble Apex Court in D.Eswara Naidu & Others Vs. The Special Deputy

    Collector (LA) in Civil Appeal no.11355 of 2018 fixed the value of

    pomegranate tree at Rs.3000/- per tree.

    32. The evidence of PW.9 shows that in respect of oil palm trees

    Rs.6500/- was awarded as compensation and he has relied on Ex.A24 and

    Ex.A25. Likewise the evidence of PW.10 also shows that the compensation

    was paid to PW.10 in respect of trees under Ex.P26 and Ex.P27.

    Reference to Ex.P24 show that the value assed by the Revenue Officer

    @Rs.3,900/- for oil palm tree. These documents are disputed by Referral

    Officer stating that they are not properly proved.

    9
    2014 Supreme (online) (KER) 12754
    10
    2025 Supreme (online)(AP)2155: 2025 APHC 9650
    36

    33. Upon considering the evidence on record, and the judicial precedents

    with regard to the payment of compensation for the trees, fruit-yielding trees

    etc., and geographical conditions of the area now in question, we are of the

    considered view that –

    (i) the compensation payable in respect of coconut trees, can be

    enhanced to Rs.4000/- as against Rs.3000/- fixed by the learned Referral

    Court @Rs.3,500/- for the palm oil trees as against the value fixed

    @Rs.3000/- by the Referral Court.

    (ii) in respect of Eucalyptus trees, palm trees, bore wells etc., the

    value of the fixed by the Referral Court found reasonable and does not

    require any interference.

    (iii) the counting of trees shall be not as per the claim of the

    claimants but as noted by the Referral officer in the Award. Point no.4 is

    answered accordingly.

    Point No.5:-

    34. In view of the above discussion made and the conclusions drawn

    under points No.3 and 4, –

    (i) No merits are found in the appeals filed by the Referral officer.

    Hence, they are liable to be dismissed.

    37

    (ii) In respect of the appeals filed by the claimants, where the

    coconut trees and palm oil trees are there, the value fixed by the Referral

    Court require enhancement for coconut trees from Rs.3000/- to Rs.4000/-

    per tree and for the palm oil trees from Rs.3000/- to Rs.3,500/- per tree.

    (iii) Except the enhancement in respect of these two category

    trees, the award passed by the Referral Court and the decree followed

    thereof in respect of the other reliefs granted shall stand confirmed.

    35. In the result,

    [i] I.A.No.1 of 2025 in LAAS No.281 of 2025 is dismissed.

    [ii] the appeals filed by the Referral Officer (Land Acquisition

    Officer) vide LAAS Nos. 281, 282, 283, 284, 285, 286, 287, 289, 290 and

    298 of 2018 are dismissed.

    [iii] the appeals in LAAS Nos.210, 211, 213, 214, 216, 217, 218,

    219, 220 and 223 of 2018 are partly allowed, enhancing the

    compensation granted in respect of coconut trees from Rs.3000/- to

    Rs.4000/- per tree and the palm oil trees from Rs.3000/- to Rs.3,500/-

    per tree.

    [iv] The counting of trees shall be not as per the claim of the

    claimants but as noted by the Referral officer in the Award.
    38

    [v] Except the enhancement in respect of the above two

    categories of trees, the Award and decree dated 29.03.2018 passed by

    the Referral Court in respect of the other reliefs granted shall stand

    confirmed.

    [vi] There shall be no order as to costs.

    As a sequel, miscellaneous petitions pending, if any, shall stand

    closed.

    __________________________
    JUSTICE BATTU DEVANAND

    __________________________________
    JUSTICE A. HARI HARANADHA SARMA
    Date:16 .03.2026
    Pnr
    39

    THE HON’BLE SRI JUSTICE BATTU DEVANAND
    &
    THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

    LAND ACQUISITION APPEAL SUIT Nos. 213, 210, 211, 214, 216, 217,
    218, 219, 220, 223, 281, 282, 283, 284, 285, 286, 287, 289, 290 & 298 of
    2018 And
    I.A.No.1 of 2025 in LAAS No.281 of 2018

    Dt.16.03.2026

    Pnr



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here