Andhra Pradesh High Court – Amravati
Koppusetti Appa Rao vs Thearbitrator Anddistrictcollector, … on 1 July, 2025
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
TUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
CIVIL MISCELLANEOUS APPEAL NOS: 187.190, 659, 660, 662. 669. 670.
671 & 674 OF 2008 AND 573 OF 2009
C.M.A. No: 187 of 2008
APHC010473702008
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
1996, against the Order and Decree dated 22-01-2007 made in O.P No.806 of
2006 on the file of Principal District Judge, West Godavari, at Eluru.
Between:
Gudapati Sreerama Murthy, S/o. Satyanarayana Murthy, aged about 62
years, Occ; Cultivation, R/o. Badampudi Village, Ungutur Mandal, West
Godavari District.
...Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
r
...Respondents/Respondents
Counsel for the Petitioner: Sri Sreenivasa Rao Velivela
Counsel for the Respondents: GP for Appeals
C.M.A. No: 190 of 2008
APHC010475302008
b!
. jri
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
1996, against the Order and Decree dated 22-01-2007 made in O.P No.812 of
2006 on the file of Principal District Judge, West Godavari, at Eluru.
Between:
Palli Anjaiah, S/o. Late Muniyya, aged about 77 years, Occ: Cultivation,
R/o. Badampudi Village, Ungutur Mandal, West Godavari District.
...Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
...Respondents/Respondents
Counsel for the Petitioner: Sri Sreenivasa Rao Velivela
Counsel for the Respondents: GP for Appeals
C.M.A. No: 659 of 2008
APHC010467622008
S\i
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
1996, against the Order and Decree dated 22-01-2007 made in O.P No.811 of
2006 on the file of Principal District Judge, West Godavari, at Eluru,
Between:
Vaddiparthi Narasimha Murthy, S/o. Sree Ramulu, aged about 67
years, Occ: Cultivation, R/o.Badampudi Village, Ungutur Mandal, West
Godavari District.
...Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
...Respondents/Respondents
Counsel for the Petitioner: Sri Sreenivasa Rao Velivela
Counsel for the Respondents: GP for Appeals
C.M.A. No: 660 of 2008
APHC0104e5542008
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation
Act,
of
1996, against the Order and Decree dated 22-01-2007 made in O.P No.802
2006 on the file of Principal District Judge, West Godavari, at Eluru.
Between:
Mullapudi Krishna Veni, W/o. Krishna Rao, aged about 60 years, Occ:
Housewife, R/o. Badampudi Village Ungutur Mandal, West Godavari
District.
...Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
...Respondents/Respondents
Counsel for the Petitioner: Sri Sreenivasa Rao Velivela
Counsel for the Respondents: GP for Appeals
C.M.A. No: 662 Of 2008
APHC010476422008
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
1996, against the Order and Decree dated 22-01-2007 made in O.P No.805 of
2006 on the file of Principal District Judge, West Godavari, at Eluru.
I
Between:
I
Nekkalapudi Rama Krishna Pratap, S/o. Late Raghunayakulu Aged
about 59 years, Occ: Cultivation, R/o. Badampudi Village Ungutur
Mandal, West Godavari District.
...Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
...Respondents/Respondents
Counsel for the Petitioner: Sri Sreenivasa Rao Velivela
Counsel for the Respondents: GP for Appeals
C.M.A. No: 669 of 2Qn«
APHC010474182008
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act
!996, against the Order and Decree dated 22-01 -2007 made in O.P No.816 of
2006 on the file of Principal District Judge, West Godavari , at Eluru.
Between:
1. Koppusetti Lakshmi, W/o.Appa Rao aged about 47 years, Occ;
Housewife, R/o.Badampudi Village, Ungutur Mandal, West Godavari
District.
!•
2. Koppusetti Appa Rao, S/o.Kondala Rao, aged about 52 years, Occ.
Cultivation, R/o.Badampudi Village, Ungutur Mandal, West Godavari
District.
...Appellants/Petitioners/Claimants
AND
1 jhe Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
...Respondents/Respondents
Counsel for the Petitioners: Sri Sreenivasa Rao Velivela
Counsel for the Respondents: GP for Appeals
C.M.A. No: 670 of 2008
APHC010468262008
Qi.-
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
in O.P No.835 of
1996, against the Order and Decree dated 22-01-2007 made
2006 on the file of Principal District Judge, West Godavari, at Eluru
Between:
Nekkalapudi Jhansi Lakshmi, W/o Suryachandra Rao, aged about 60
years. Occ: House Wife, R/o. Badampudi Village Ungutur Mandal West
Godavari District
...Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
...Respondents/Respondents
Counsel for the Petitioner: Sri Sreenivasa Rao Velivela
Counsel for the Respondents: GP for Appeals
C.M.A No: 671 of 2008
APHC010485702008
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
1996, against the Order and Decree dated 22-01-2007 made in O.P No.832 of
2006 on the file of Principal District Judge, West Godavari, at Eluru.
Between:
Koppusetti Appa Rao, S/o Kondala Rao, aged about 52 years, Occ;
Cultivation, R/o Badampudi Village, Ungutur Mandal, West Godavari
District.
I
...Appellant/Petitioner/Claimant
AND
The Arbitrator and District Collector, West Godavari, Eluru.
i
The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
...Respondents/Respondents
Cdinsel for the Petitioner: Sri Sreenivasa Rao Velivela
...
: m-
1.
t
lisel for the Respondents: GP for Appeals
C.ilA. No: 674 of 2008
I
1182008
i
i.
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act }
1996, against the Order and Decree dated 22-01-2007 made in O.P No.814 of
? ‘ 200%)n the file of Principal District Judge, West Godavari, at Eluru.
Between:
Yalamati Veera Venkata Satyanarayana Prasad, S/o.Krishna Rao,
(■Aged about 64 years, Occ: Cultivation, R/o. Badampudi Village, Ungutur
Mandal, West Godavari District…Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
i’.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
…Respondents/Respondents
5.
Counsel for the Petitioner: Sri Sreenivasa Rao Velivela
Counsel for the Respondents: GP for Appeals
s
\
?!
i
p.
C.M.A. No: 573 of 2009
APHC010135482009
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
1996, against the Order and Decree dated 22-01-2007 made in O.P No.834 of
2006 on the file of Principal District Judge, West Godavari, at Eiuru
Between:
Chundru Rama Krishna, S/o. late Sreemannarayana, aged about 47
years, Occ: Cultivation, R/o. Badampudi Village, Ungutur Mandal,
WestGodavari District.
…Appellant/Petitioner/Glaimant
AND
1. The Arbitrator and District Collector, West Godavari, Eiuru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eiuru.
…Respondents/Respondents
Counsel for the Petitioner: Sri Sreenivasa Rao Velivela
Counsel for the Respondents: GP for Appeals
The Court made the following order;
r-
APHC010473702008
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3541]
(Special Original Jurisdiction)
TUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SR! JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
CIVIL MISCELLANEOUS APPEAL Nos.187. 190. 659, 660. 662. 669, 670,
671 & 674 of 2008 and 573 of 2009
Between:
1.GUDAPATI SREERAMA MURTHY, S/0. SATYANARAYANA MURTHY
CULTIVATION R/0. BADAMPUDI VILLAGE UNGUTUR MANDAL
W.G.DISTRICT…APPELLANT
AND
1.THE ARBITRATOR DT COLLECTOR ELURU ANR, AT ELURU
2.THE COMPETENT AUTHORITYLAND ACQUISITIONCUM, RDO.,
W.G,DISTRICT AT ELURU…RESPONDENT(S):
Appeal Under Section against orders
lA NO: 1 OF 2008(CMAMP 142 OF 2008Petition 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
condone the delay of 13I days in filing the main appeal
lA NO: 3 OF 2008(CMAMP 460 OF 2008Petition 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
fix an early date of hearing of appeal
2Counsel for the Appellant:
1.SREENIVASA RAO VELIVELA
Counsel for the Respondent(S):
1.GP FOR APPEALS
The Court made the following Common Judgment:
(per Hon’ble Sh Justice R. Raghunandan Rao)
All these Appeals arise out of a common acquisition award and
raise similar questions, they are being disposed of by way of this Common
Judgment.
2. An extent of Ac.43.89 cents of land, situated in various survey
numbers of Badmpudi Village, Unguturu Mandal, was acquired for the
purpose of formation of a four-lane road from Km 80 to 152 of National
Highway No.5. This acquisition was conducted as per the requisition given by
the Project Director, National Highway Authority of India, Rajamundry.
3. The acquisition was done under the provisions of the National
Highway Authority of India Act. 1956 [for short “the Act. 1956”]. After following
the necessary procedure, the land was acquired and an award, dated19.03.2003 was issued by the Revenue Divisional Officer and Competent
Authority for Land Acquisition, Eluru, in award No.20/2003. Aggrieved by the
compensation awarded by the Revenue Divisional Officer, reference to the
Arbitrator was sought for enhancement of the said compensation. Upon
reference, the Arbitrator-cum-District Collector, West Godavari, passed an
award vide R.Dis.No.26/2005, dated 29.09.2005. The Arbitrator-cum-Dist rict
Collector, West Godavari, after summarizing the main grounds raised by theaffected persons had held that the market value of Rs.1,40,000/- per acre
and refused to
fixed by the Revenue Divisional Officer was a fair market valueinterfere with the award, dated 19.03.2003. Aggrieved by this award, the
4appellants herein moved various original petitions, before the Principal District
Judge, West Godavari, under Sections 30 & 34 of the Arbitration and
Conciliation Act, 1996 (Central Act 26/1996).
4.
The learned Principal District Judge, West Godavari, after hearing
both sides, had enhanced the compensation by directing re-fixation of the
market value from Rs.1,40,000/- per acre to Rs.1,45,000/- per acre and for
payment of certain consequential benefits including interest in term of Section-
23(1-A) of the Land Acquisition Act, 1894 [for short “the Act, 1894”] as well as
solatium @ 15% of the market value.
5. Aggrieved by the said Order passed by the Principal District
Judge, West Godavari, dated 22.01.2007, in all the appeals, the appellants
have approached this Court by way of the present set of Civil Miscellaneous
Appeals.
6. Sri Sreenivasa Rao Velivela, learned counsel for the appellants
would contend that there was a consistent failure of the principles of natural
justice in as much as the District Collector did not give an opportunity of
hearing after the claim petitions had been filed and that the Principal District
Judge, West Godavari also disregarded this ground, when it was brought to
the notice of the Principal District Judge, West Godavari that appropriate
opportunity was not given to the appellants.
7. However, Sri Sreenivasa Rao Velivela, learned counsel for the
appellants could not place any material before this Court to demonstrate that
5
such an issue had been raised before the Principal District Judge, West
Godavari and had been ignored by the Principal District Judge, West
Godavari. In the circumstances, we are unable to accept this contention.
8. Sri Sreenivasa Rao Velivela, learned counsel for the appellants
would also raise an additional ground that the appellants had not been
granted solatium of 30% of the market value, as required under the provisions
of the Act, 1894 and only solatium of 15% of the market value was granted by
the Principal District Judge, West Godavari and the same is not in accord with
the Judgment of the Hon’ble Supreme Court of India, in the case of Union of
India & Anr Vs. Tarsem Singh & Ors\ read with the Judgment of the Hon’ble
Supreme Court of India, in the case of Union of India & Anr Vs. Tarsem Singh
& Ors^.
9. Section 3-J of the Act, 1956, prohibits the granting of certain
consequential benefits wherever land is acquired under the Act, 1956. The
vires of Section 3-J of the Act, 1956 came to be considered by the Hon’ble
Supreme Court of India, in the case of Union of India & Anr Vs. Tarsem Singh
& Ors. The Hon’ble Supreme Court of India after considering the submissions
made on both sides had held as follows;-
“Paraaraoh No. 52:- There is no doubt that the learned Solicitor General, in
the aforesaid two orders, has conceded the issue raised in these cases.
This assumes importance in view of the plea of Shri Divan that the
that when the
impugned judgments should be set aside on the ground no Section 34
arbitral awards did not provide for solatium or interest,
petition having been filed by the landowners on this score, the Division
to have allowed
Bench judgments that are impugned before us ought not^ (2019) 9 see 304
^ 2025 see online SC 235
6solatium and/or interest. Ordinarily, we would have acceded to this plea,
but given the fact that the Government itself is of the view that solatium and
interest should be granted even in cases that arise between 1997 and
2015, in the interest of justice we decline to interfere with such orders,
given our discretionary jurisdiction under Article 136 of the Constitution of
India. We therefore declare that the provisions of the Land Acquisition Act
relating to solatium and interest contained in Section 23(1-A) and (2) and
interest payable in terms of section 28 proviso will apply to acquisitions
made under the National Highways Act. Consequently, the provision of
Section 3-J is, to this extent, violative of Article 14 of the Constitution of
India and, therefore, declared to be unconstitutional. Accordingly, appeal
arising out of SLP (C) No. 9599 of 2019 is dismissed.
”
10.
The National Highway Authority of India had subsequently moved
a clarification petition before the Hon’ble Supreme Court of India for a
clarification as to whether this Judgment of the Hon’ble Supreme Court of
India would apply retrospectively or whether it would apply prospectively from
the date of the said Order. The Hon’ble Supreme Court of India, in its
Judgment in the case of Union of India & Anr Vs. Tarsem Singh & Ors^ held
as follows: –
Paragraph No. 17:- Regardless, the prayer in the instant Application
expressiy seeks clarification that the decision in Tarsem Singh (supra)
should be deemed to operate prospectively only. However, in our
considered view, granting such a clarification would effectively nullify the
very relief that Tarsem Singh (supra) intended to provide, as the
prospective operation of it would restore the state of affairs to the same
position as it was before the decision was rendered.
Paragraph No. 18:- We say so for the reason that the broader
purpose behind Tarsem Singh (supra) was to resolve and put quietus upon
the quagmire created by Section 33 of the NHAI Act which led to the
unequal treatment of similarly situated individuals. The impact of Section 3J
was short-lived, owing to the applicability of the 2013 Act upon the NHAI
Act from the date of 01.01.2015 /^s a result two classes of landowners
emerged, devoid of any intelligible differentia those whose lands were
acquired by the NHAI between 1997 and 2015, and those whose lands
were acquired otherwise.
Paraqraph No. 19:- This must be viewed in the light of the principle that
when a provision is declared unconstitutional, any continued disparity
strikes at the core of Article 14 and must be rectified, particularly when such
disparity affects only a select group. To illustrate, rendering the decision in
Tarsem Singh (supra) as prospective would create a situation where a^ 2025 see online sc 235
7landowner whose land ivas acquired on 31 12 2014 would be denied the
benefit of ‘solatium’ and ‘interest whereas a landowner whose land was
acquired the very next day. 01.01.2015-the date on which the Ordinance
was promulgated, to read the 2013 Act into the NHAI Act, would be entitled
to these statutory benefits.
Paragraph No. 25:- In view of the foregoing analysis, we find no merit in
the contentions raised by the Applicant. NHAI. l^e reaffirm the principles
established in Tarsem Singh (supra) regarding the beneficial nature of
granting solatium’ and ‘interest while emphasising the need to avoid
creating unjust classifications lacking intelligible differentia Consequently,
we deem it appropriate to dismiss the present Miscellaneous Application. “
11. Learned Government Pleader for Appeals appearing for the
respondents would submit that the appellants are not entitled to the benefit of
the Judgment of the Hon’ble Supreme Court of India in as much as no claim
had been made before the District Collector-Arbitrator for solatium or interest
and the same cannot be raised at a later stage. A similar contention had also
been raised before the Hon’ble Supreme Court of India in the aforesaid
Judgment and the Hon’ble Supreme Court of India after considering the said
contention had held that in the normal course such a contention would be
upheld but since the Government itself had expressed its intention of paying
interest and solatium for any acquisition between 1997 and 2015, had held
that such interest and solatium would be payable.
12. In the present case, the Principal District Judge, West Godavari
had awarded interest as per the provisions of Section 23(1-A) of the Act, 1894
and a solatium of 15% against the solatium of 30% fixed under the provisions
of the Act, 1894.
13. In the circumstances, it would be appropriate to dispose of all the
Civil Miscellaneous Appeals by affirming the Orders of the Principal District
8
Judge, West Godavari with the modification that the appellants would be
entitled to an additional solatium of 15% on the market value fixed in the
Orders pf the Principal District Judge, West Godavari along with applicable
interest on such enhanced solatium.
14.
Accordingly, these Civil Miscellaneous Appeals are disposed of.
There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
SD/- S.V.S.R. MURTHY
JOINT REGISTRAR
//true copy//
SE N OFFICER
To,
Godavari District, (With
1. The Principal District Judge; Eluru, West
records)
2 one CC to Sri SreenivasaRaoVelivela Advocate lOPUC, [OUT!
3 TWO CCS to GP for Appeals High court of Andhra Pradesh Pradesh at
4. The section Officer, VR Section, High Court of Andhra
Amaravati.
5. THREE CD Copies.
SAM
AL
ife-‘:
HIGH COURT
iDATED:01/07/2025
COMMON JUDGMENT + DECREE
‘i
C.M.A. Nos. 187, 190, 659, 660, 662, 669, 670, 671 &
I
i
674 of 2008 and 573 of 2009 #Of
f
og 22 m 2025 Sj
^ Current SflclionDISPOSING OF THESE CIVIL MISCELLANEOUS
APPEALS
r
■;
2
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
TUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A. No: 187 of 2008
APHC010473702008
Between:
Gudapati Sreerama Murthy, S/o. Satyanarayana Murthy, aged abcxjt
62 years, Occ: Cultivation, R/o. Badampudi Village, Ungutur Mandal,
West Godavari District.
…Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
1996, against the Order and Decree dated 22-01-2007 made in O.P No.806
of 2006 on the file of Principal District Judge, West Godavari, at Eluru.
Appeal coming on for hearing and upon perusing the Memorandum of
Appeal, the Judgment and Decree of the lower Court and the material
evidence on record and upon hearing the arguments of Sri Sreenivasa Rao
Velivela, Advocate for the Petitioner and GP for Appeals for the respondents.
This Court doth order and decree as follows:
1. That the Civil Miscellaneous Appeal be and is hereby disposed of;
2. That the Orders of the Principal District Judge, West Godavari be and
are hereby affirmed with the modification; t
3. That the appellants be and are hereby entitled to an additional solatium
of 15% on the market value fixed in the Orders of the Principal District
Judge, West Godavari along with applicable interest on such enhanced
solatium;
4. That there be no order as to costs in this appeal.
SDI- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal District Judge; Eluru, West Godavari District.
2. Two CD Copies
SAM
t
f
HIGH COURT
DATED:01/07/2025
DECREE
C.M.A. No. 187 of 2008
= 15 JUL 20?5 j
%
^ Current Section ^
DISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
TUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A. No: 190 of 2008
APHC010475302008
Between:
Palli Anjaiah, S/o. Late Muniyya, aged about 77 years, Occ: Cultivation
R/o. Badampudi Village, Ungutur Mandal, West Godavari District.
…Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
1996, against the Order and Decree dated 22-01-2007 made in O.P No.812
of 2006 on the file of Principal District Judge, West Godavari, at Eluru.
Appeal coming on for hearing and upon perusing the Memorandum of
Appeal, the Judgment and Decree of the lower Court and the material
evidence on record and upon hearing the arguments of Sri Sreenivasa Rao
Velivela, Advocate for the Petitioner and GP for Appeals for the respondents.
This Court doth order and decree as follows:
1.
That the Civil Miscellaneous Appeal be and is hereby disposed of;
2.
That the Orders of the Principal District Judge, West Godavari be and
are hereby affirmed with the modification;
3.
That the appellants be and are hereby entitled to an additional solatium
of 15% on the market value fixed in the Orders of the Principal District
Judge, West Godavari along with applicable interest on such enhanced
solatium;
4.
That there be no order as to costs in this appeal.
SD/- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To
1. The Principal District Judge; Eluru, West Godavari District.
2. Two CD Copies
SAM
HIGH COURT
DATED:01/07/2025
DECREE
C.M.A. No. 190 of 2008
0″
X 22JI)12(P5
m
Current Secuon ^
$)
DISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
TUESDAY, THE FIRST DAY OF JULY i
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A. No: 659 of 2008
APHqOI 0467622008
Between:
Vaddiparthi Narasimha Murthy, S/o. Sree Ramulu, aged about 67
years, Occ: Cultivation, R/o.Badampudi Village, Ungutur Mandal, West
Godavari District.
…Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue Divisional
Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation Act,
1996, against the Order and Decree dated 22^01-2007 made in O.P No.811
of 2006 on the file of Principal District Judge, West Godavari, at Eluru.
Appeal coming on for hearing and upon perusing the Memorandum of
Appeal, the Judgment and Decree of the lower Court and the material
evidence on record and upon hearing the arguments of Sri Sreenivasa Rao
Velivela, Advocate for the Petitioner and GP for Appeals for the respondents.
This Court doth order and decree as follows:
1.
That the Civil Miscellaneous Appeal be and is hereby disposed of;
2.
That the Orders of the Principal District Judge, West Godavari be and
are hereby affirmed with the modification;
3.
That the appellants be and are hereby entitled to an additional solatium
of 15% on the market value fixed in the Orders of the Principal District
Judge, West Godavari along with applicable interest on such enhanced
solatium;
4.
That there be no order as to costs in this appeal.
SD/- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1.
The Principal District Judge: Eluru, West Godavari District.
2. Two CD Copies
SAM
HIGH COURT
DATED:01/07/2025
DECREE
C.M.A. No. 659 of 2008
DISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
TUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
¥
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A. No: 660 of 2008
APHC010485542008
Between:
Mullapudi Krishna Veni, W/o. Krishna Rao, aged about 60
years, Occ: Housewife, R/o. Badampudi Village Ungutur
Mandal, West Godavari District.
…Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue
Divisional Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation
Act, 1996, against the Order and Decree dated 22-01-2007 made in
OP No.802 of 2006 on the file of Principal District Judge, West
Godavari, at Eluru.
Appeal coming on for hearing and upon perusing the
Memorandum of Appeal, the Judgment and Decree of the lower Court
and the material evidence on record and upon hearing the arguments
of Sri Sreenivasa Rao Velivela, Advocate for the Petitioner and GP for
Appeals for the respondents.
This Court doth order and decree as follows:
1. That the Civil Miscellaneous Appeal be and is hereby disposed
of;
2. That the Orders of the Principal District Judge, West Godavari
be and are hereby affirmed with the modification;
3. That the appellants be and are hereby entitled to an additional
solatium of 15% on the market value fixed in the Orders of thePrincipal District Judge, West Godavari along with applicable
interest on such enhanced solatium;
4. That there be no order as to costs in this appeal.
SDI- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY// r
SECTION OFFICER
To,
1. The Principal District Judge: Eluru, West Godavari District.
2. Two CD Copies
HIGH COURT
DATED:01/07/2025
DECREE
C.M.A. No. 660 of 2008
DISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
TUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A. No: 662 Of 2008
APHC010476422008
Between:
Nekkalapudi Rama Krishna Pratap, S/o. Late Raghunayakulu,
Aged about 59 years, Occ; Cultivation, R/o. Badampudi Village
Ungutur Mandal, West Godavari District.
…Appellant/Petitioner/Claimant
AND
1.
The Arbitrator and District Collector, West Godavari, Eluru.
2.
The Competent Authority (Land Acquisition) cum Revenue
Divisional Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation
Act, 1996, against the Order and Decree dated 22-01-2007 made in
O.P No.805 of 2006 on the file of Principal District Judge, West
>
Godavari, at Eluru.
Appeal coming on for hearing and upon perusing the
Memorandum of Appeal, the Judgment and Decree of the lower Court
and the material evidence on record and upon hearing the arguments
of Sri Sreenivasa Rao Velivela, Advocate for the Petitioner and GP for
Appeals for the respondents.
This Court doth order and decree as follows:
1. That the Civil Miscellaneous Appeal be and is hereby disposed
of;
2. That the Orders of the Principal District Judge, West Godavari
be and are hereby affirmed with the modification;
3. That the appellants be and are hereby entitled to an additional
solatium of 15% on the market value fixed in the Orders of thePrincipal District Judge, West Godavari along with applicable
interest on such enhanced solatium;
4. That there be no order as to costs in this appeal.
SD/- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To
1. The Principal District Judge: Eluru, West Godavari District.
2. Two CD Copies
SAM
HIGH COURT
DATED:01/07/2025
DECREE
C.M.A. No. 662 of 2008
DISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
TUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE i
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A. No: 669 of 2QQ«
APHC010474182008
Between:
1. Koppusetti Lakshmi, W/o.Appa Rao, aged about 47 years, Occ;
Housewife, R/o.Badampudi Village, Ungutur Mandal, West •
Godavari District.
2. Koppusetti Appa Rao, S/o.Kondala Rao, aged about 52 years,
Occ: Cultivation, R/o.Badampudi Village, Ungutur Mandal, West
Godavari District.
…Appellants/Petitioners/Ciaimants
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue
Divisional Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation
Act, 1996, against the Order and Decree dated 22-01-2007 made in
O.P No.816 of 2006 on the file of Principal District Judge, West
Godavari, at Eluru.
Appeal coming on for hearing and upon perusing the
Memorandum of Appeal, the Judgment and Decree of the lower Court
and the material evidence on record and upon hearing the arguments
of Sri Sreenivasa Rao Velivela, Advocate for the Petitioner and GP for
Appeals for the respondents.
This Court doth order and decree as follows:
1.
That the Civil Miscellaneous Appeal be and is hereby disposed
of;
2.
That the Orders of the Principal District Judge, West Godavari
be and are hereby affirmed with the modification;
3.
That the appellants be and are hereby entitled to an additional
solatium of 15% on the market value fixed in the Orders of the
Principal District Judge, West Godavari along with applicable
interest on such enhanced solatium;
4.
That there be no order as to costs in this appeal.
SDI- S.V.S.R. MURTHY
JOINT REGISTRA
//TRUE COPY//
SECTION OFFICER
To,
1.
The Principal District Judge: Eluru, West Godavari District.
2. Two CD Copies
%
i’ .-r
HIGH COURT
DATED:01/07/2025
DECREE
C.M.A. No. 669 of 2008
ANDH^
o\
X 2 2JU120»
ml:
con
^ Curreni becuon ^ /,
DISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATITUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVEPRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
ANDTHE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A No: 671 of 2008APHC010485702008
(
Between:
Koppusetti Appa Rao, S/o Kondala Rao, aged about 52 years,
Occ: Cultivation, R/o Badampudi Village, Ungutur Mandal, West
Godavari District.
…Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue
Divisional Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation
Act, 1996, against the Order and Decree dated 22-01-2007 made in
O.P No.832 of 2006 on the file of Principal District Judge, West
Godavari, at Eluru.
Appeal coming on for hearing and upon perusing the
Memorandum of Appeal, the Judgment and Decree of the lower Court
and the material evidence on record and upon hearing the arguments
of Sri Sreenivasa Rao Velivela, Advocate for the Petitioner and GP for
Appeals for the respondents.
This Court doth order and decree as follows:
1.
That the Civil Miscellaneous Appeal be and is hereby disposed
of;
2.
That the Orders of the Principal District Judge, West Godavari
be and are hereby affirmed with the modification;
3.
That the appellants be and are hereby entitled to an additional
solatium of 15% on the market value fixed in the Orders of the
Principal District Judge, West Godavari along with applicable
interest on such enhanced solatium;
4.
That there be no order as to costs in this appeal.
SDI- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal District Judge: Eluru, West Godavari District.
2. Two CD Copies
SAM
HIGH COURT .A>V”
DATED:01/07/2025
DECREE
C.M.A. No. 671 of 2008
gf amph^
S”
XO 11JUL 2(B5 .S
Current sectionDISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL■n
i
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATITUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVEPRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
ANDTHE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A. No: 670 of 2008APHC010468262008
Between:
Nekkglapudi Jhansi Lakshmi, W/o Suryachandra Rao, aged
about 60 years, Occ: House Wife, R/o. Badampudi Village
Ungutur Mandal West Godavari District…Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue
Divisional Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation
Act, 1996, against the Order and Decree dated 22-01-2007 made in
O.P No.835 of 2006 on the file of Principal District Judge, West
i
Godavari, at Eluru.
Appeal coming on for hearing and upon perusing the
Memorandum of Appeal, the Judgment and Decree of the lower Court
and the material evidence on record and upon hearing the arguments
of Sri Sreenivasa Rao Veiivela, Advocate for the Petitioner and GP for
Appeals for the respondents.
This Court doth order and decree as follows:
1. That the Civil Miscellaneous Appeal be and is hereby Disposed
of;
2. That the Orders of the Principal District Judge, West Godavari
be and are hereby affirmed with the modification;
3. That the appellants be and are hereby entitled to an additional
solatium of 15% on the market value fixed in the Orders of the
Principal District Judge, West Godavari along with applicable
interest on such enhanced solatium;
4. That there be no order as to costs in this appeal.
%
SDI- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To
1. The Principal District Judge: Eluru, West Godavari District.
2. Two CD Copies
SAM
J
HIGH COURT
DATED:01/07/2025
DECREE
C.M.A. No. 670 of 2008
f jUULMS M
a. ^ current Se«.on*:>
f
DISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
TUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A. No: 674 of 2008
APHC010458182008
Between:
Yalamati Veera Venkata Satyanarayana Prasad, S/o.Krishna
Rao, Aged about 64 years, Occ: Cultivation, R/o. Badampudi
Village, Ungutur Mandal, West Godavari District…Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue
Divisional Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation
Act, 1996, against the Order and Decree dated 22-01-2007 made in
O.P No.814 of 2006 on the file of Principal District Judge, West
Godavari, at Eluru.
Appeal comiiig on for hearing and upon perusing the
Memorandum of Appeal, the Judgment and Decree of the lower Court
and the material evidence on record and upon hearing the arguments
of Sri Sreenivasa Rao Velivela, Advocate for the Petitioner and GP for
Appeals for the respondents.
This Court doth order and decree as follows:
1. That the Civil Miscellaneous Appeal be and is hereby disposed
of;
2. That the Orders of the Principal District Judge, West Godavari
be and are hereby affirmed with the modification;
3. That the appellants be and are hereby entitled to an additional
solatium of 15% on the market value fixed in the Orders of the
Principal District Judge, West Godavari along with applicable
interest on such enhanced solatium;
4. That there be no order as to costs in this appeal. \
SDI- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal District Judge: Eluru, West Godavari District.
2. Two CD Copies
SAM
• JHIGH COURT
5*DATED:01/07/2025
DECREE
C.M.A. No. 674 of 2008
id’ 72JUL2(in ^
m
tocurrent aecuon ^
S^OfSPATC^DISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATITUESDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVEPRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
ANDTHE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
C.M.A. No: 573 of 2009APHC010135482009
Between:
Chundru Rama Krishna, S/o. late Sreemannarayana, aged
about 47 years, Occ; Cultivation, R/o. Badampudi Village,
Ungutur Mandal, West Godavari District.
…Appellant/Petitioner/Claimant
AND
1. The Arbitrator and District Collector, West Godavari, Eluru.
2. The Competent Authority (Land Acquisition) cum Revenue
Divisional Officer., West Godavari District, Eluru.
…Respondents/Respondents
Appeal under Section 37 (1) (b) of the Arbitration & Conciliation
Act, 1996, against the Order and Decree dated 22-01-2007 made in
O.P No.834 of 2006 on the file of Principal District Judge, West
Godavari, at Eluru
Appeal coming on for hearing and upon perusing the
Memorandum of Appeal, the Judgment and Decree of the lower Court
and the material evidence
on record and upon hearing the arguments
of Sri Sreenivasa Rao Velivela, Advocate for the Petitioner and GPfor
Appeals for the respondents.
This Court doth order and decree as follows:
1. That the Civil Miscellaneous Appeal be and is hereby disposed
of;
2. That the Orders of the Principal District Judge, West Godavari
be and are hereby affirmed with the modification;
3. That the appellants be and are hereby entitled to an additional
solatium of 15% on the market value fixed in the Orders of the
Principal District Judge, West Godavari along with applicable
interest on such enhanced solatium;
4. That there be no order as to costs in this appeal.
SD/- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal District Judge: Eluru, West Godavari District.
2. Two CD Copies
SAM
HIGH COURT
DATED:01/07/2025
DECREE
C.M.A. No. 573 of 2008
I
O
X J?JUL2«55
m
Co
^ Currenl Secuon ^
^4L^EspatcvvS^
DISPOSING OF THE CIVIL MISCELLANEOUS
APPEAL