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2025 DAILYLAW 24087 (AP)

J. Jaya Shankar Reddy v. The State of Andhra Pradesh,

WP/17220/2025 · 2025-07-09

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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s APHC010340152025 IN THE HIGH COURT OF ANDHRA PRADESHF AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY \ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKU^ AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 17220 OF 2025 Between: 1. J. Jaya Shankar Reddy, S/o J Narayana Reddy, Aged about 45 Occ- Farmer, R/o D.No. 1-81, Dandikuppam, Santhipuram Mandal, Chittoor, Andhra Pradesh - 517423. 2. V. Hemanth Kumar, S/o V. Somasekhar, Aged about 28 years, Occ- Farmer, R/o D.No. 4-39, Siddareddypally, Dandikuppam, Santhipuram Mandal, Chittoor District, Andhra Pradesh - 517423. 3. E.C.Chandra Sekhar Reddy, S/o E.M.Chenga Reddy, Aged about 53 years, Occ- Farmer, R/o D.No. 1-81, Athikuppam, Manendram, Mudunnapalli, Chittoor District, Andhra Pradesh - 517423. 4. Dara Srinivasulu, S/o Late Dara Chinnaiah, Aged about 57 years, Occ- Farmer, R/o D.No. 1-716, PNT Colony, Madanapalle, Chittoor District Andhra Pradesh - 517325. 5. J. Chakrapani Reddy, S/o J Venkata Muni Reddy, Aged about 57 Occ- Farmer, R/o D.No. 1-80, Dandikuppam, Santhipuram Mandal Chittoor, Andhra Pradesh - 517423 years. years. ...Petitioners AND Of 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Revenue and Land Acquisition, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector and District Magistrate, Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Kuppam, Chittoor District. 4. The Tahsildar, Shanthipuram Mandal, Chittoor District. 5. The Tahsildar, Ramakuppam Mandal, Chittoor District. 6. The Andhra Pradesh Airport Development Corporation Limited, Represented by its Managing Director, Mangalagiri. ...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 an appropriate Writ or order or direction, more particularly one in the nature of a WRIT OF MANDAMUS declaring G.O.Ms.No.487 dated 29-11-2019, that was issued for amending Rule 12 in Chapter IV and substituting new Form- C in place of existing Form-C, as being illegal, unjust, unconstitutional, without the authority and traversing beyond the scope of the Principal Act 30 of 2013 and consequently strike down the impugned G.O.Ms.No.487 dated 29-11-2019 including the new Form-C and notifications vide No. 25 of 2025, 26 of 2025, 30 of 2025 and 31 of 2025, dated 22-05-2025 issued by district collector to acquire lands for so called green field Airport at Kuppam. 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 restrain the respondent authorities from proceeding further in accordance with notifications vide No. 25 of 2025, 26 of 2025, 30 of 2025 and 31 of 2025, dated 22-05-2025 issued by district collector to acquire lands for so called green field Airport at Kuppam, while suspending G.O.Ms.No.487 dated 29-11-2019, pending disposal of the Writ Petition. ■ Counsel for the Petitioners: SRI K S MURTHY — Counsel for the Respondents: THE ADVOCATE GENERAL^ Counsel for the Respondents: GP FOR LAND ACQUISITION Counsel for the Respondents: GP FOR REVENUE The Court made the following order: ’f APHC010340152025 Bench Sr.No:-8 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO; 17220 of 2025 J. Jaya Shankar Reddy and others ...Petitioners Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioners Mr. K. S. Murthy, Sr. Counsel Advocates for Respondents The Advocate General Mrs. S. Pranathi, Spl. Government Pleader CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 10th July 2025 PC : The present Writ Petition is filed challenging four notifications bearing Nos.25/2025, 26/2025, 30/2025 and 31/2025, all dated 22.05.2025, as also G.O.Ms.No.487, dated 29.11.2019, issued by the Government of Andhra Pradesh. 2. According to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, a notification is first required to be issued in terms of Section 11 of the Act, 2013, and the said notification is issued whenever the appropriate Government requires any land to be acquired for any public purpose. 2 HCJ & RRRJ W.P.No.17220of2025 3. Section 15 of the Act, 2013, envisages hearing of objections and grants an opportunity to any person interested in any land, which has been notified under sub-section (1) of Section 11 of the Act, 2013, to file objections within a period of sixty days from the date of the publication of the preliminary notification under Section 11 of the Act, 2013. It appears that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh) Rules, 2018, were framed with a view to give effect to the provisionsof the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and 4. Resettlement Act. 5. According to Rule 6 of the aforementioned Rules, 2018, the District Collector is required to issue a notification in Form-C and may, at any stage of the land acquisition proceedings, invoke the provisions of the Act for settlement of the proceedings by negotiations. In terms of the said provisions of the Rules, 2018, the aforementioned four notifications came to be issued, which provided an opportunity to the interested persons to come forward for settlement by negotiations or file objections within a period of fifteen (15) days from the date of publication of the said notifications. 6. Learned counsel for the petitioners would submit that the period of fifteen days prescribed in terms of the aforementioned notifications runs contrary to Section 15 of the Act, 2013, which otherwise prescribed the period of sixty days. 7. 3 J HCJ & RRRJ W.P No.17220of 2025 8. With a view to support and buttress the period of fifteen days as was prescribed in the aforementioned four notifications, it appears that the Government brought about an amendment by virtue of G.O.Ms.No.487, dated 29.11.2019, whereby the existing Form-C which prescribed the period of 'Sixty Days’ would be substituted by the words ‘Fifteen Days’. 9. It is in the backdrop of the aforementioned facts, Mr. K. S. Murthy, learned Senior Counsel appearing for the petitioners, would submit that the entire procedure adopted by the respondents is bad and unsustainable. 10. Mrs. S. Pranathi, learned Special Government Pleader appearing for the respondents, however, states that it is only on account of negotiations between willing parties that the proceedings impugned have been issued and in case any land owner including the petitioners do not give consent, then acquisition proceedings by issuing a notification in terms of Section 11 of the Act, 2013, would be commenced. It is also fairly stated by learned counsel for the respondents that the word ‘Objections’ used in the amended Form-C would have been 11. more appropriately worded if the same had reflected the word ‘Consent’. 12. In any case, it is stated that the absence of consent from the petitioners and similarly situate others who had not responded to the notifications impugned would not be treated as consent on their part and even in their cases, regular acquisition proceedings by issuance of notification under Section 11(1) of the Act, 2013, would be initiated. 4 Jf HCJ & RRRJ W,P,No.17220of 2025 13. Learned counsel for the petitioners has no objection to the statement made by learned counsel for the respondents. 14. In that view of the matter, we dispose of this petition. We make it clear that all issues which were otherwise raised in the present petition with regard to the validity of the impugned provisions and the notifications shall remain open. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SE N OFFICER To, 1. The Principal Secretary, Department of Revenue and Land Acquisition, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector and District Magistrate, Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Kuppam, Chittoor District. 4. The Tahsildar, Shanthipuram Mandal, Chittoor District. 5. The Tahsildar, Ramakuppam Mandal, Chittoor District. 6. The Managing Director, Andhra Pradesh Airport De\^opment Corporation Limited, Mangalagiri. 7. One CC to Sri K S Murthy, Advocate [OPUC] 8. Two CCs to The Advocate General, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUTL, 11. Two CD Copies TF HIGH COURT DATED:10/07/2025 ORDER WP NO. 17220 OF 2025 0^ "•'O yd ^ n JUL 2025 SsCuirent Sectigji^'''^^ '•sesms^'^ CO o DISPOSING OF THE W.P., WITHOUT COSTS