APHC010004812023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3541] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No.295 & 7541 of 2023 WRIT PETITION NO: 295/2023 Between: 1. MANNEM MURALI KRISHNA, S/O PUMA CHANDARA RAO, AGED 40 YEARS, OCC, AGRICULTURE, R/O.D.NO.1-139/A, ADDADA VILLAGE, PAMARRU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY IT'S PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.R. SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 2. THE JOINT COLLECTOR AND COMPETENT AUTHORITY, (CALA) LAND ACQUISITION-NATIONAL HIGHWAYS, NH-65 (OLD 9) MACHILIPATNAM, KRISHNA DISTRICT. 3. THE UNION OF INDIA, REP. BY IT'S SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI-110075. 4. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY IT'S CHAIRMAN AND MANAGING DIRECTOR, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, CORPORATE OFFICE AT G-5 AND G-6, SECTOR-10, DWARAKA, NEW DELHI. 2 5. THE REGIONAL OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA PLOT NO.21, TEACHERS COLONY, GURUNANAK NAGAR ROAD, VIJAYAWADA, KRISHNA DISTRICT-520008 6. THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT NATIONAL HIGHWAYS AUTHORITY OF INDIA PLOT NO.74, VANAMALI BUILDING, BESIDE NAC KALYANA VEDIKA, GURUNANAK NAGAR ROAD, VIJAYAWADA ...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, order or orders or direction more particularly one in the nature of writ of Mandamus to declaring the action of the respondents in not paying the interest amount on the compensation amount in respect of acquired land of the petitioner in an extent of 268 square meters in R.S.No.143/4A9 of Gandigunta Village of Vuyyuru Mandal, Krishna District vide Award No.27 of 2018-2019/NH-9 (Rc.B.1611/2007) Dated.31.8.2019, for the purpose of widening existing National Highway No.9, from 2 lane to 4 lane of Km.20/650 to Km.32/050 of Vijayawada-Machilipatnam Section, as illegal, arbitrary, violation of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from contrary to the provisions contained in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and consequently direct the respondents to pay the interest amount of Rs.25,93,3491- to the petitioner respectively on the compensation amount and to pass IA NO: 1 OF 2023 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 direct the respondents forthwith to pay the interest amount of Rs.25,93,3491- to the petitioner respectively on the compensation amount for the acquired land of the petitioner in an extent of 268 square meters in R.S.No.143/4A9 of Gandigunta Village of Vuyyuru Mandal, Krishna District vide. Award No.27 of 2018-2019/NH-9 (Rc.B.1611/2007) dated 31.8.2019, pending disposal of the main Writ Petition and to pass IA NO: 1 OF 2024 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 3 Pleased to grant leave to file the counter affidavit on behalf of Respondent No. 6 in the above matter and pass Counsel for the Petitioner: 1. PRATHIWADA VARUN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION (AP) 3. S S VARMA (SC FOR NHAI) 4. KUMARI G K V D WRIT PETITION NO: 7541/2023 Between: 1. TUMMALA VIJAY KUMAR, S/O. VENKATA KRISHNAIAH, AGED 65 YEARS, OCC. AGRICULTURE, R/O.D.NO.21/339-15, BHASKARAPURAM, MACHILIPATNAM, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY IT'S PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 2. THE JOINT COLLECTOR AND COMPETENT AUTHORITY CALA, LAND ACQUISITION-NATIONAL HIGHWAYS, NH-65 (OLD 9) MACHILIPATNAM, KRISHNA DISTRICT. 3. THE UNION OF INDIA, REP. BY IT'S SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI-110075. 4. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY IT'S CHAIRMAN AND MANAGING DIRECTOR, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, CORPORATE OFFICE AT G-5 AND G-6, SECTOR-10, DWARAKA, NEW DELHI. 4 5. THE REGIONAL OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA PLOT NO.21, TEACHERS COLONY, GURUNANAK NAGAR ROAD, VIJAYAWADA, KRISHNA DISTRICT-520008. 6. THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT NATIONAL HIGHWAYS AUTHORITY OF INDIA PLOT NO.74, VANAMALI BUILDING, BESIDE NAC KALYANA VEDIKA, GURUNANAK NAGAR ROAD, VIJAYAWADA. ...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, order or orders or direction more particularly one in the nature of writ of Mandamus to declaring the action of the respondents in not paying the interest amount on the compensation amount in respect of acquired land of the petitioner in an extent of 283 square meters in R.S.No.144/3B of Gandigunta Village of Vuyyuru Mandal, Krishna District vide Award No.27 of 2018-2019/NH-9 (Rc.B.1611/2007) Dated.31.8.2019, for the purpose of widening existing National Highway No.9, from 2 lane to 4 lane of Km.20/650 to Km.32/050 of Vijayawada-Machilipatnam Section, as illegal, arbitrary, violation of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from contrary to the provisions contained in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and consequently direct the respondents to pay the interest amount of Rs.27,38,497/- (Rupees Twenty Seven Iakhs Thirty Eight thousand and four hundred and Ninety Seven) to the petitioner respectively on the compensation amount and to pass IA NO: 1 OF 2023 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 direct the respondents forthwith to pay the interest amount of Rs.27,38,497/- (Rupees Twenty Seven lakhs Thirty Eight thousand and four hundred and Ninety Seven) to the petitioner respectively on the compensation amount for the acquired land of the petitioner in an extent of 283 square meters in R.S.No.144/3B of Gandigunta Village of Vuyyuru Mandal, Krishna District vide. Award No.27 of 2018-2019/NH-9 (Rc.B.1611/2007) dated 31.8.2019, pending disposal of the main Writ Petition and to pass IA NO: 1 OF 2024 5 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 grant leave to file the counter affidavit on behalf of the Respondent No. 6 in the above matter and to pass Counsel for the Petitioner: 1. PRATHIWADA VARUN KUMAR Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. KUMARI G K V D 6 The Court made the following Common Order: As both these Writ Petitions raise the same questions of fact and law, they are being disposed of by way of this Common Order. 2. Heard Sri Venkata Rama Rao, learned counsel appearing on behalf of Sri Prathiwada Varun Kumar, learned counsel for the petitioners and Sri P. Veera Reddy, learned Senior Counsel appearing on behalf of Sri S.S. Varma, learned Standing Counsel for respondents. 3. In W.P.No.295 of 2023, the land of the petitioner to an extent of 268 square meters, in R.S.No.143/4A9 of Gandigunta Village of Vuyyuru Mandal, Krishna District, was acquired, under the National Highway Act, 1956 [for short “the NH Act, 1956], for widening of the existing National Highway No.9. Similarly, an extent of 283 square meters of land belonging to the petitioner, in W.P.No.7541 of 2023, in R.S.No.144/3B of Gandigunta Village of Vuyyuru Mandal, Krishna District, was acquired, under the NH Act, 1956, for the purpose of widening existing National Highway No.9. 4. Both the petitioners claim that there was a delay in payment of compensation and that they would be entitled to interest for the period of delay. 5. The petitioners contend that though there is no provision for payment of interest under the NH Act, 1956, for delayed payment of compensation given under the award of the competent authority, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [for short “the Act, 2013”] should be applied for the purposes of payment of interest on delayed payment. 6. Section-3(J) of the NH Act, 1956, stipulates that none of the provisions of the Land Acquisition Act, 1894 [for short “the LA Act, 1894”], would be applicable. However, the Hon’ble Supreme Court of India, in the case of Union of India & Anr Vs. Tarsem Singh & Ors1, had struck down the 7 said provision as unconstitutional and had directed that solatium and interest would have to be granted, under the provisions of the NH Act, 1956, in terms of the provisions of the LA Act, 1894. This direction was issued, as the acquisition, which was under consideration of the Hon’ble Supreme Court of India, in the said case, arose out of the LA Act, 1894. 7. In the present case, the acquisition had been initiated after the Act, 2013 had come into force. 8. This Court, while dealing with a similar issue, in W.A.No.1043 of 2022, had directed, in its Judgment dated 29.07.2025, that the matter should be remanded to the competent authority for a determination as to the date on which the possession of the land had been lost by the affected person and that interest requires to be calculated from the date of loss of possession till the payment of compensation. 9. In view of the aforesaid direction, these Writ Petitions are disposed of with a direction to the competent authority to undertake the task of determination as to the date on which the possession of the land had been lost by the petitioners herein and to determine and pay interest, to the petitioners, in terms Section-80 of the Act, 2013, by calculating the interest from the date of loss of possession till the date of payment of compensation. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _____________________ SUMATHI JAGADAM, J Dated: 29.07.2025 BSM 8 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION Nos.295 and 7541 of 2023 29-07-2025 BSM