Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12605 OF 2025 Between:
1. Bodduboyina Gopal, S/o Ramaiah, Aged 73 years, Occ: Cultivation, R/o Vidya Nagar, Badvel, Y.S.R.Kadapa District. 2. Bodduboyina Vengamma, W/o Ramaiah, Aged 85 years, Occ: House-wife, R/o Vidya Nagar, Badvel, Y.S.R.Kadapa District. 3. Gompa Subbamma, W/o Venkataiah, Aged 65 years, Occ: Cultivation, R/o Konduru Colony, Atloor mandal, Y.S.R.Kadapa District. 4. Yerragalla Pitchamma, W/o Yerragalla Naidu, Aged 55 years, Occ: House-wife, RJo Kamalakuru Village, Atloor Mandal, Y.S.R.Kadapa District. 5. Bodduboyina Singammagari Gopal, S/o Gopaiah, Aged 85 years, Occ: Cultivation, R/o Sivaramkrishna Nagar, Badvel, Y.S.R.Kadapa District. 6. Bodduboyina Lakshmaiah (Died), Rep by his Legal Representative Bodduboyina Yanadamma, W/o LateBodduboyina Lakshmaiah, Aged 56 years, Occ: House-wife, R/o Vidya Nagar, Badvel, Y.S.R.Kadapa District. 7. Edela Lakshmaiah, S/o Peddha Kondaiah, Aged 75 Years, Occ: Cultivation, R/o Sivaramkrishna Nagar, Badvel, Y.S.R.Kadapa District. 8. Thoka Venkata Subbaiah, S/o Venkataiah (Died) Rep by his Legal Representative, Thoka Lakshmi Devi, W/o Thoka Venkata Subbaiah, Aged 40 Years, Occ:House-wife, R/o Vidya Nagar, Badvel, Y.S.R.Kadapa District. ■w r
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"‘ 9. Thoka Venkata Subbaiah, S/o Ramaiah (Died) Rep by his Legal Representative, Thoka Pullamma, W/o Thoka Venkata Subbaiah, Aged 66 Years, Occ:House-wife, R/o Vidya Nagar, Badvel, Y.S.R.Kadlpa District. f * ‘i' f' '1 *4 ...Petitioners '\ ■ And
1. The State of Andhra Pradesh Rep by its Principal Secretary, Land Acquisition, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh Rep by its Principal Secretary, Finance and Planning, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Special Collector (LA), Galeru Nagari Sujala Shavanti GNSS, Kadapa, YSR Kadapa District. 4. The Special Deputy Collector, Land Acquisition, TGP-I, Kadapa, YSR Kadapa District. 5. The Executive Engineer, Somasila project. Division No. 1, AtmakurMandal,NelloreDistrict.
....Respondents \ I Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not paying compensation amount to our structures according to the joint inspection report dated 10.01.2009 which were submerged under Somasila Project as illegal, irregular, irrational, violative of provisions of Land Acquisition Act and offends article 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay the compensation amount to petitioners for their structures according to the joint inspection report dated 10.01.2009. ? IANO:1OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the compensation amount to petitioners for their structures according to the joint inspection report dated 10.01.2009. Counsel for the Petitioner(s):SRI. K KOUTILYA Counsel for the Respondents; GP FOR LAND ACQUISITION Counsel for the Respondents: GP FOR FINANCE PLANNING Counsel for the Respondents: GP FOR IRRIGATION The Court made the following:
1 NV,J W.P.No.12605 of 2025 APHC010251832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12605/2025 Between: ...PETITIONER(S) Bodduboyina Gopal and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S); 1.KKOUTILYA Counsel for the Respondent(S);
1 .GP FOR LAND ACQUISITION 2.GP FOR FINANCE PLANNING The Court made the following;
V
"l 2 NV,J W.P.No.12605 of 2025
ORDER:
1. This wit petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in not paying compensation amount to the structures of the petitipners according to the Joint Inspection Report dated 10.01.2009 which were submerged under Somasila Project as illegal, arbitrary and consequently to pay the compensation in accordance with the Joint Inspection Report dated 10.01.2009.
2. Heard learned counsel for the petitioners, learned Government Pleader for Land Acquisition and perused the material available on record.
3.
Learned counsel for the petitioners submits that the petitioners are all agriculturists and they are all eking out their livelihood by doing agriculture. While so, the lands of the petitioners were submerged under the backwaters of Somasila Project. The compensation for the said lands and structures was not paid to the petitioners till today. He further submits that a joint inspection was conducted on 10.01.2009. The joint inspection proceedings clearly discloses that the lands, structures and sheds of the petitioners were got submerged. It is further submitted that the respondents have passed the Awards i.e.. Award No.2/2014-15 in Rc.No.C/17/2010, dated 20.03.2015 and Award No.2/2015-16 in Rc.No.C/42/2012, dated 09.10.2015 in favour of the similarly situated persons from the same village and also paid compensation to them. The petitioners
3 NV,J W.P.No.12605 of 2025 made a representation on 19.04.2025. But the respondents have not paid the compensation to the petitioners. Assailing the same the present Writ Petition is filed. Learned Government Pleader for Revenue sgbmits that there are open
4. wells, bore wells, iron fencing in the lands which are under acquisition. The concerned authorities are requested to furnish the valuation of trees and bore wells/open wells. It is further submitted that after receiving the estimates, the preliminary valuation proposals will be prepared and notices under Section 21(4) will be served to the petitioners for award enquiry. He further submits that awards will-be passed within six months with usual modalities. Having regard to the submissions made by the learned counsel for the
5. petitioners and the learned Government Pleader, the authorities are directed to give effect to the Joint Inspection Report dated 10.01.2009 and assess the compensation to be paid in terms of what is already assessed for other claimants, within a period of eight (8) weeks from the date of submission of this
Order along with a requisition by the petitioners. The authorities shall consider the interest component in favour of the petitioners as per law, till the date of payment.
V 4 NV,J W.P.No.12605 of 2025 With the above direction, writ petition is disposed of. No costs.
6. Consequently, Miscellaneous applications, if any, pending in the writ petition shall stand closed.
7.
Sd/- K. TATA RAO DEPUTY REGISTRAR I //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Land Acquisition, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The Principal Secretary, Finance and Planning, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.[1 & 2 By Special Messenger]
3. The Special Collector (LA), Galeru Nagari Sujala Shavanti GNSS, Kadapa, YSR Kadapa District.
4. The Special Deputy Collector, Land Acquisition, TGP-I, Kadapa, YSR Kadapa District.
5. The Executive Engineer, Somasila project. Division No.I, Atmakur Mandal, Nellore District.
6. One CC to SRI. K KOUTILYA Advocate [OPUC]
7. Two CCs to GP FOR LAND ACQUISITION ,High Court Of Andhra Pradesh. [OUT]
8. Two CCs to GP FOR FINANCE PLANNING ,High Court Of Andhra Pradesh. [OUT]
9. Two CCs to GP FOR IRRIGATION ,High Court Of Andhra Pradesh. [OUT] Three CD Copies
10.
HIGH COURT DATED;07/05/2025
ORDER WP.No.12605 of 2025 THE WRIT PETITION IS DISPOSED OFF WITHOUT COSTS