APHC010311812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 3 04? TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15775 OF 2025 Between: Vemuluri Venkateswarlu, S/o. V. Subbarayudu, Aged about 53 Pathavuru, Kaligiri, Nellore District, Andhra Pradesh years, R/o. ...PETITIONER AND 1. The Union of India, Represented by its Secretary, Ministry of Road Transport and Highways New Delhi. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Secretariat, Velagapudi, Revenue Department (Land Acquisition), Amaravati, Andhra Pradesh. 3. The District Collector and District Magistrate, SPSR Nellore District, Nellore, Andhra Pradesh. 4. The Special Deputy Collector/Competent Authority, (Land Acquisition - National Highways), SPSR Nellore District, Nellore, Andhra Pradesh. 5. The Revenue Divisional Officer, Nellore, SPSR Nellore District, Nellore, Andhra Pradesh. ...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 issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the Respondents more particularly Respondent No. 5 to consider the Petitioner representation dated February 25, 2025, relating to the inadequacy of compensation for the land acquired in Survey No. 575-2C1D of Kavali to Sitaramapuram Village, Kavali to Sitaramapuram Mandal, SPSR Nellore District, for NH 167, and to pass a reasoned order thereon, in accordance with law, within a stipulated time frame as deemed fit by this Hon'ble Court. 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 directing the Respondent No. 5 to consider the representation of the petitioner dated 25-02-2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKATESH KOSARAJU Counsel for the Respondent No.1: SRI Y.V. ANIL KUMAR, CENTRAL GOVT. COUNSEL Counsel for the Respondent Nos.2 to 5: GP FOR LAND ACQUISITION The Court made the following order: 4^' APHC010311812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15775/2025 Between: 1.VEMULURI VENKATESWARLU, S/0. V. SUBBARAYUDU, AGED ABOUT 53 YEARS, R/0. PATHAVURU, KALIGIRI, NELLORE DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1.THE UNION OF lADIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT (LAND ACQUISITION), SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 3.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, SPSR NELLORE DISTRICT, NELLORE, ANDHRA PRADESH. 4.THE SPECIAL DEPUTY COLLECTOR/COMPETENT AUTHORITY, (LAND ACQUISITION - NATIONAL HIGHWAYS), SPSR NELLORE DISTRICT, NELLORE, ANDHRA PRADESH. 5.THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT, NELLORE, ANDHRA PRADESH. ...RESPONDENT(S): 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 topleased to Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the Respondents more particularly Respondent No. 5 to consider the Petitioner representation dated February 25, 2025, relating to the inadequacy of compensation for the land acquired in Survey No. 575-2C1D of Kavali to Sitaramapuram Village, Kavali to Sitaramapuram Mandal, SPSR Nellore District, for NH 167, and to pass a reasoned order thereon, in accordance with law, within a stipulated time frame as deemed fit by this Hon'ble Court and Pass 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 pleased to directing the Respondent No. 5 to consider the representation of the petitioner dated 25-02-2025 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.VENKATESH KOSARAJU Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2. The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15775 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; - “To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the Respondents more particularly Respondent No. 5 to consider the Petitioner representation dated February 25, 2025 relating to the inadequacy of compensation for the land acquired in Survey No.575-2C1D of Kavali to Sitaramapuram Village, Kavali to Sitaramapuram^ Mandal, SPSR Nellore District, for NH 167, and to pass a reasoned order thereon, in accordance with law, within a stipulated time frame as deemed fit by this Hon’ble Court and Pass such other order. ” Heard the learned counsel for the petitioner and Sri Y.V.Anil 2. Kumar, learned Standing Counsel for the respondent No.1 and the learned Government Pleader appearing for the respondents 2 to 5. 3. Learned counsel for the petitioner submits that the petitioner is the pattadar and possessor of the land admeasuring 15 Ankanams in Survey No.575-2CID of Sitaramapuram village. Out of the petitioner’s land, 9 Ankanams was acquired by the respondents for laying National High-Way-167 from Kavali to Sitaramapuram. For which, the respondents fixed the compensation of an amount of Rs.56,847/- and informed the same to the petitioner by way of notice. The learned counsel for the petitioner further submits that as per the market value of the subject property, the petitioner is entitled for an amount of Rs.3,00,000/- for an Ankanam. For which, the 4 % petitioner submitted a representation dated 25.02.2025 for of market value amount in payment respect of the subject land, even though the same is acknowledged, so far, the respondents, particularly respondent Nos.3 to 5 herein. neither awarded the said compensation nor passed any other proceedings rejecting the claim of the petitioner. 4. On the other hand, learned Government Pleader for Revenue furnished the written instructions dated submitted by the 5'^ respondent herein, wherein it is stated as follows: 24.06.2025, ‘According to Section 3G(1) of the Nationat High Ways Act, 1956 Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority and according to Section 3G(5)of the said Act, If the amount determined by the competent authority under sub-section (1) or Sub-Section(2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government. When the petitioner approached this respondent in the month of February, 2020, he was advised to file arbitration petition U/s.3G(5) of NH Act, 1956 before the Arbitrator & District Collector, SPS Nellore District, Nellore by receiving compensation. But there is no response from the petitioner. Nevertheless the present writ petition is filed without exhausting the remedies available to the petitioner..” 5. Learned Government Pleader further submits that once the subject land was acquired under National High-Ways Act, 1956, the petitioner shall approach the 2'^’^ respondent herein for redressal of his grievance. As it is further indicated National High Ways Act, 1956, for enhancement of as per section 3G(5) of compensation 5 fixed by the National High-Way Authority, the 3'^^ respondent is the competent authority (as an arbitrator) to enhance the amount as per the market value as requested by the petitioner. 6. Having regard to the submissions and considering the submissions made by both the learned counsel and on perusal of the material on record, it is pertinent to extract the Section 3G(5) of N.H.Act, 1956 as under: If the amount determined by the competent authority under sub section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government. On perusal of Section 3G(5) of N.H.Act, 1956, once the 7. compensation fixed by the 4^*^ respondent/ Land Acquisition Officer, for any enhancement thereafter at the request of the petitioner, the 3'"^ respondent/ District Collector is the competent authority being an Arbitrator. Therefore, the petitioner is hereby directed to submit an application to the 4^'^ respondent for enhancement of compensation under the provisions of National High-Ways Act within a period of two weeks from the date of receipt of copy of this order. After such submission, the 4**^ respondent shall forward the same to the 3'’'^ respondent / District Collector / Arbitrator under Section 3G(5) of N.H.Act, 1956. After such receipt of the application / claim petition of the petitioner for enhancement of compens^^tion, the 3'’'^ respondent 6 shall consider the same and pass appropriate orders within a period of three months thereafter. ( With the above direction, the Writ Petition is disposed of. 8. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// >! OFFICER SEC To, The Secretary, Ministry of Road Transport and Highways, Union of India, New Delhi. The Principal Secretary, Revenue Department (Land Acquisition), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. The District Collector and District Magistrate, SPSR Nellore District, Nellore, Andhra Pradesh. The Special Deputy Collector/Competent Authority, (Land Acquisition - National Highways), SPSR Nellore District, Nellore, Andhra Pradesh. The Revenue Divisional Officer, Nellore, SPSR Nellore District, Nellore, Andhra Pradesh. One CC to Sri Venkatesh Kosaraju, Advocate [OPUC] One CC to Sri Y.V. Anil Kumar, Central Govt. Counsel[OPUC] Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] Two CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. 9. ssb ‘"X HIGH COURT DATED:01/07/2025 ORDER WP No.15775 OF 2025 ^ 2 9 JUL 2025 X^^^SQjrrent Sectioitx^^ DISPOSING OF THE W.P. WITHOUT COSTS