APHC010227522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12819/2025 Between: Smt. Depuru Vijaya Lakshmi, and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12819/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying compensation to the petitioners with respect to lands i.e., land of an extent Ac.0.50 cents in Sy.No.232 and 234 belongs to the 1st petitioner and an extent of Ac.0.39 cents in Sy.No.233-2H2 and 234-2, situated at Gudali village, Kota Mandal, Tirupati District belongs to the 2nd petitioner which are affected in “Improvements to left side flood bank of Tsallakalava River”. Pursuant to preliminary notification in Rc.G2 1205/2021 dated 07.08.2021 and proceeding further for acquisition of the lands even though possession of the lands were taken in the year 2015 as illegal, arbitrary, against principles of Natural Justice, violation of provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and Rules, 2014 and violation of Article 300-A of Constitution of India and consequently direct the respondents to pay the compensation to the petitioners forthwith and pass such other order.” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the 1st petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.10.77 cents in Sy.Nos.232 & 233 situated at Gudali Village, Kota Mandal, SPSR Nellore District, having acquired the same through a registered sale deed dated 3 27.06.2011. The 2nd petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.38 cents in Sy.Nos.233 and 234 situated at Gudali Village, Kota Mandal, SPSR Nellore District having acquired the same through a registered sale deed dated 10.02.2011. The part of the subject lands i.e. an extent of Ac.0.50 cents in Sy.No.232 & 234 and Ac.0.39 cents in Sy.No.233- 2H2 & 234-2 were acquired by the Government pursuant to the preliminary land acquisition notification in the year 2015. Even after issuance of the preliminary notification, the respondents not complied with the other compliances i.e, publication of declaration under Section 19 and passing of an award under Section 20 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Now, without complying the mandatory legal procedure, the respondents are proceeding with the fresh notification instead of continuing with previous notification and other proceedings i.e., publication of declaration under Section 19 and passing an award under Section 10 of the Act, 2013, which is contrary to the scheme of the Act and with an intention to drag the matter without paying the compensation to the petitioners. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions issued by the 5th respondent dated 15.06.2025, wherein it is stated as follows: 4 “The requisition department i.e., The Executive Engineer, Water Resource Department has been requested from this office vide Rc.A2.676/2019 dated 21.04.2025 requesting to file fresh requisition so that the compensation can be processed to the writ petitioners along with all the land losers and the water resource department is processing the request for filing of fresh requisition. In view of the above, it is respectfully submitted that all necessary steps have been initiated in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The delay in finalization of the award was due to non-availability of funds and subsequent lapse of the draft declaration. Furthermore, with the reorganization of districts, the subject lands now fall under the jurisdiction of the newly formed Tirupati District, requiring a fresh requisition from the concerned department. ” 5. Learned Government Pleader for the respondents submits that even though the preliminary notification was published in the year 2018, but other required steps as contemplated under Section 19 and 20 of the Act, 2013 were not complied with as per the terms of the Act. Therefore, having no other option, the respondents resolved the entire issue by inviting requisition afresh. The same was confirmed by the respondent authority vide a letter dated 21.04.2025. 5 6. In reply, learned counsel for the petitioners submits that there is no limitation for publication of declaration. Therefore, the respondents can carry out the publication from the proceedings where it was stopped and can proceed further to pass an award. 7. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the written instructions issued by the 5th respondent, it appears that the submission of the learned counsel for the petitioner is that there is no specific limitation after issuance of the preliminary notification for acquisition of land and for publication of the declaration under Section 19 of the Act, therefore the respondent are liable to proceed further by carrying out the compliance as contemplated under Section 19 of the Act and publish the declaration and proceed further to pass an award. But, Section 19(7) of the Act clearly indicates hereunder: “19. Publication of declaration and summary of Rehabilitation and Resettlement (7) Where no declaration is made under sub- section (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded: Provided that in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the 6 land were held up on account of any stay or injunction by the order of any Court shall be excluded: Provided further that the appropriate Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same: Provided also that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.” 8. On perusal of the above provision of law, it is observed that the respondents shall publish the declaration within a period of twelve months from the date of preliminary notification. Therefore, the contention of the learned counsel for the petitioner that there is no limitation for publication of declaration is lacks merits and contrary to law. Hence, as contended in the written instructions of the respondents and in view of the non-compliance of statutory compliance under Section 19, the respondents are at liberty to proceed further afresh expeditiously and complete the acquisition process within a reasonable time i.e., more particularly not later than Twelve(12) months from the date of receipt of copy of this Order or from the date of preliminary notification whichever is less. 9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 7 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 2233..0066..22002255 TTPPSS 8 156 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:12819 of 2025 2233..0066..22002255 TTPPSSss