¥ % APHC010295712025 Tt^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^ S HP FRIDAY, THE FOURTH DAY OF JULY TWO THOUSANDAND TWENTYFIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15648 OF 2025 ^ ^ Between: Patan Noorjahan, W/o. P Shamsheer All Khan, aged 54 years, Occ; Housewife, D.No. 19/156, Pathapeta, Dhone Village, Kurnool District, Andhra Pradesh-518222. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue and Land Acquisition Department, Secretariat Buildings, Velagapudi Guntur District, Andhra Pradesh. 2. The Commissioner and Director of Municipal Vaddeswaram, Andhra Pradesh 3. Dhone Municipality, Rep by its Commissioner, Nandyal District. 4. The Collector and District Magistrate, Nandyal. 5. The Tahsildar/Mandal Revenue Officer, Dhone, Nandyal District, A P. 6. The Joint Collector, Nandyal District, Andhra Pradesh. 7. The Managing Director, Swacha Andhra Corporation, Administration Department, Vijayawada, Andhra Pradesh. 8. The Land Acquisition Officer-cum-Revenue Divisional Officer Nandyal District, AP. Administration, Municipal Dhone, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4*'^ respondent in not passing an award to acquire my land in Sy.No 340B/1B to an extent of 1.73 Ac. situated ^ at Dhone Village, Dhone Mandal, Nandyal District vide approved gazette notification No. Rc.B5/541/2023, Dt 03-06-2023 and trying to acquire alternative lands for acquisition is arbitrary, unlawful, illegal, against principles of estoppel, principles of natural justice and in violation of my constitutional rights under Article 21 and 300-A and consequently, direct the respondents more particularly the 4**^ respondent to pass an award and grant compensation in my favour to my land in acquisition process vide approved gazette notification No. Rc.B5/541/2023, Dt 03-06-2023, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the respondents in acquiring the alternative lands vide proceedings under Lr.Roc.No.11030/21/2025/G-Sec, Dt: 20.02.2025 & Roc.No. 1187/2025/El Dt; 09.04.2025 for acquisition RS.B5/541/2023, Dt: 03-06-2023 and direct the respondents to maintain Status Quo, pending disposal of the above Writ Petition. process vide Counsel for the Petitioner: SRI K S S NARAYANA Counsel for the Respondent Nos. 2 & 7: GP FOR MUNICIPAL ADMN. & URBAN DEV Counsel for the Respondent No.3: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 1, 4, 5, 6: GP FOR REVENUE Counsel for the Respondent No.8: GP FOR LAND ACQUISITION The Court made the following order: ■'fe APHC010295712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] sr5 FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15648/2025 Between: 1.PATAN NOORJAHAN, , W/0. P SHAMSHEER ALI KHAN, AGED 54 YEARS, OCCIHOUSEWIFE, D.NO. 19/156, PATHAPETA, DHONE VILLAGE, KURNOOL DISTRICT, ANDHRA PRADESH-518222. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE AND LAND ACQUISITION DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, ANDHRA PRADESH 3.DHONE MUNICIPALITY, REP BY ITS COMMISSIONER, NANDYAL DISTRICT. 4.THE COLLECTOR AND DISTRICT MAGISTRATE. NANDYAL. 5.THE TAHSILDAR/MANDAL REVENUE OFFICER, DHONE, NANDYAL DISTRICT, A P. 6.THE JOINT COLLECTOR, NANDYAL DISTRICT, ANDHRA PRADESH. 7.THE MANAGING DIRECTOR, SWACHA ANDHRA CORPORATION, MUNICIPAL ADMINISTRATION DEPARTMENT, VIJAYAWADA, ANDHRA PRADESH. 8.THE LAND ACQUISITION OFFICERCUM REVENUE DIVISIONAL 2 OFFICER, DHONE, NANDYAL DISTRICT, AP. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased topleased to pass an order or direction more particularly one in the nature of Writ of Mandamusdeclaring the action of the 4threspondent in not passing an award to acquire my land in Sy.No 340B/1B to an extent of 1.73 Ac. situated at Dhone Village, DhoneMandal, Nandyal District vide approved gazette notification No. Rc.B5/541/2023, Dt 03-06-2023 and trying to acquire alternative lands for acquisition is arbitrary, unlawful, illegal, against principles of estoppel, principles of natural justice and in violation of my constitutional rights under Article 21 and 300-A and consequently, direct the respondents more particularly compensationin my favour to my land in acquisition process vide approved gazette notification No. Rc.B5/541/2023, Dt 03-06-2023, in the interest of justice and, to pass the 4threspondent to pass an award and grant lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased pleased to suspend the operation of the respondents in acquiring the alternative lands vide proceedings under Lr.Roc.No.l 1030/21/2025/G-Sec, Dt: 20.02.2025 & Roc.No.l 187/2025/El, Dt: 09.04.2025 for acquisition process vide RS.B5/541/2023, Dt: 03-06-2023 and direct the respondents to maintain Status Quo, pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 1. K S S NARAYANA Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15648/2025 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 4^^ respondent in not passing an award to acquire petitioner’s land In Sy.No.340B/1B to an extent of Ac. 1.73 cents situated at Dhone Village, Dhone Mandal, Nandyal District No. RC.B5/54172023, dated 03.06.2023 and trying to acquire alternative lands for acquisition is arbitrary, unlawful, illegal, against principles of estoppels, principles of natural justice and in violation of petitioner’s constitutional rights under Article 21 and 300-A and consequently direct the respondents more particularly the 4^^ respondent to pass an award and grant compensation In favour of the petitioner to her land In acquisition process vide approved gazette notification No. Rc.B5/54172023, dated 03.06.2023, in the interest ofjustice and pass such other order. ” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. vide approved gazette notification 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the land admeasuring to an extent of Ac.1.73 cents in Sy.No.340B/1 B situated at Dhone Village, Dhone Mandal, Nandyal District, having acquired the same by way of assignment. The subject land of the petitioner was notified for acquisition pursuant to the notice dated 15.09.2022. After issuance of acquisition notice dated 15.09.2022, the respondent also issued Form-C notice to the petitioner, since the subject property is under 4 acquisition. Even after issuance of Form-C notice on 03.06.2023, till today the respondents neither taken over the possession nor passed any award, paid any compensation. Hence, the present Writ Petition. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 04.07.2025 issued by the respondent, wherein it is stated as follows: Municipal Commissioner, the “Meanwhile, Commissioner, Dhone Municipality, Dhone in his letter Roc.No.1187/2025/E1, dated 30.06.2025 to the District Collector, Nandyal has stated that the Commissioner & Director of Municipal Administration directed the Managing Director, Swachch Andhra Corporation to indentify alternative land for construction of STP in consultation with the Municipal Commissioner, Dhone on deputing the technical team to check the feasibility of land, as the cost of the land has increased tremendously beyond the reasonable values and the same has been mentioned in the Govt. Memo NO.2637700/J2/2024, dated 29.11.2024 of the Municipal Administration & Urban Development (J) Department. The Municipal Commissioner has finally requested the District Collector, Nandyal to drop the earlier acquisition proposal in Sy.No.340B/B, due to tremendous increase of land cost. It is further submitted that Section 93 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitations and Resettlement Act, 2013 reads as follows: i 5 Section 93 Completion of acquisition not compulsory, but compensation to be awarded when not completed (1) The appropriate Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken. (2) Whenever the appropriate Government withdraws from any such acquisition, the Collector (Land Acquisition Officer) shall determine the amount of compensation due for the damage suffered by the owner in consequences of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably Incurred by him in the prosecution of the proceedings under this Act relating to the said land. In this Instant case, the proposed lands. Including the petitioner’s land has not been taken into possession and no damage has been suffered by the land owner and In view of the provision u/s 93 of the Act, the petitioner cannot force the Government to acquire his land. The proposals for cancellation of the acquisition of the land In Sy.No.340B/1 B, measuring Acs. 3.46, including the petitioner’s land of Ac. 1.73 cents to the District Collector, Nandyal Is under process. ” 5. Learned Government Pleader for the respondents further submits that if any damage or sufferance was caused due to the notification or putting the property of the petitioner under Form-C, then the petitioner is entitled for damages or compensation as envisaged under Section 93 of the Act 30 of 2013. Let there be an ' application/daim by the petitioner to consider the same in accordance with law. 6. Having regard to the submissions made by both the learned counsel and on perusal of the written instructions issued by the 8 respondent, it is observed that the acquisition proceedings initiated by the 8**^ respondent by virtue of notice dated 15.09.2022 are not in force, since the respondents are decided to drop the entire acquisition proceedings in respect of the subject property of the petitioner. Whereas, as per Section 19 of Act 30 of 2013, after issuance of preliminary notice for acquisition, if it was not completed by passing an Award within a period of two years, the notification itself becomes void and not enforceable. Therefore, the claim of the petitioner without cancellation of notification/notice issued in the year 2022, the respondents cannot proceed with the alternative lands may not be considered. In view of the settled law acquisition is not completed within the period as contemplated i.e., years from the stage of notice. once the two automatically the notice/notification becomes void. However, the petitioner is at liberty to make an application for any damages caused to him by way of notice/notification before the respondent/District Collector, within a period of four(4) weeks from the date of receipt of copy of this Order. After such submission, the respondents more particularly the 4 respondent is directed to consider the same and pass appropriate orders in accordance with law, thereafter. within a period of four(4) months 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if also stand closed. any, shall SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue and Land Acquisition Department, Guntur District, Andhra Pradesh, and Director of Municipal Vaddeswaram, Andhra Pradesh 3. The Commissioner, Dhone Munioipaiity, Nandyai District 4. The Collector and District Magistrate. 5. The Tahsiidar/Manda, Revenue Officer, Dhone, Nandya, District, A P 6. The Joint Coliector, Nandyai District, Andhra Pradesh 7. The Managing Director, Swacha Andhra Corporation Administration Department, Vijayawada, Andhra Pradesh 8. The Land Acquisition Officer-cum-Revenue Divisionai Officer Nandyai District, AP. Secretariat Buildings, Velagapudi 2. The Commissioner Administration, Nandyai. Municipal Dhone, 9. One CC to Sri K S S Narayana, 10. One CC to Sri G Lakshmi [OPUC] 11. Two CCs to GP for Andhra Pradesh [OUT] 12. Two CCs to GP for Revenue 13. Two CCs to GP for Land [OUT] 14. Two CD Copies Advocate [OPUC] I Narayana (SC for Municipalities). Advocate Municipal Admn. & Urban Dev, High Court of ' High Court of Andhra Pradesh Acquisition, High Court of Andhra [OUT] Pradesh TF HIGH COURT DATE0:04/07/2025 ORDER WP NO. 15648 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS