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High Court of Andhra Pradesh · body

2025 DAILYLAW 27277 (AP)

Kunisetti Gnana Siva Kumar v. The Union of India,

WP/19891/2025 · 2025-07-31

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

’Ik APHC010386022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19891 OF 2025 Between: Kunisetti Gnana Siva Kumar, S/o Sri Haranadha Rao, aged 45 years, Occ- Employee R/o Munnamvaripalem, Bapatia Town, Bapatla District. ...Petitioner AND 1. The Union of India, Rep. by its Principal Secretary, Ministry of Road Transport and Highways of India, Transport Bhawan Parliament Street, New Delhi.' 2. The Project Director, PIU National Highway Authority of India, Machilipatnam, Krishna District. 3. The Regional Officer, Ministry of Road Transport and Highways, Government of India, Vijayawada, Andhra Pradesh. 4. The Joint Collector and Competent Authority, (Land Acquisition), NH- 216, Bapatla, Bapatla District. ...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 declaring the inaction on the part of the respondents in paying compensation to me as per the Arbitration Award No. Rc/No.B7/334-19/2025 4 dated 11-04-2025 in respect of my land 930 Sq. Meters in Sy. No.l016-5B of West Bapatia village as illegal, arbitrary and violation of Article 21 and 300A of the"^ Constitution of India and issue consequential direction to the respondent to pay the compensation forthwith 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 direct the respondents to pay me compensation to me as per the Arbitration Award No. Rc/No.B7/334-19/2025 dated 11 -04-2025 in respect of my land 930 Sq. Meters in Sy. No. 1016-5B of West Bapatia village pending disposal of the above Writ Petition Counsel for the Petitioner: SRI D KRISHNA MURTHY Counsel for the Respondents No.1, 3: SRI D SRIDHAR Counsel for the Respondent No.4: GP FOR LAND ACQUISITION The Court made the following order: APHC010386022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19891/2025 Between: 1.KUNISETTI GNANA SIVA KUMAR, S/0 SRI HARANADHA RAO, AGED 45 YEARS, OCC- EMPLOYEE R/0 MUNNAMVARIPALEM, BAPATLA TOWN, BAPATLA DISTRICT. ...PETITIONER AND 1.THE UNION OF INDIA, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS OF INDIA, TRANSPORT BHAWAN PARLIAMENT STREET, NEW DELHI.' 2.THE PROJECT DIRECTOR, PIU NATIONAL HIGHWAY AUTHORITY OF INDIA, MACHILIPATNAM, KRISHNA DISTRICT. 3.THE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, VIJAYAWADA, ANDHRA PRADESH. 4.THE JOINT COLLECTOR AND COMPETENT AUTHORITY, (LAND ACQUISITION), NH-216, BAPATLA, BAPATLA DISTRICT. ...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 to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the inaction on the part of the respondents in paying compensationto me as per the ArbitrationAward No. Rc/No.B7/334-19/2025 dated 11-04-2025 in respect of my land 930 Sq. Meters in Sy. No.l016-5B of West Bapatia village as illegal, arbitrary and violation of Article 21 and 300A ^ of the Constitution of India and issue consequential direction to the respondent to pay the compensation forthwith and to 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 to direct the respondents to pay me compensation to me as per the Arbitration Award No. Rc/No.B7/334- 19/2025 dated 11 -04-2025 in respect of my land 930 Sq. Meters in Sy. No. 1016- 5B of West Bapatia village pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.D KRISHNA MURTHY Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2. The Court made the following ORDER: Heard the learned counsel for the petitioner, Sri D.Sridhar, learned Panel counsel for respondents 1 and 3 and Sri Divya Theja, learned Assistant Government Pleader for Revenue for the 4*'^ respondent. Learned counsel for the petitioner would submit that the petitioner’s land admeasuring 930 Sq.yards in Sy.No.1016/5B of Bapatia Village and Mandal was acquired for the purpose of formation of National Highway-216. The competent authority i.e. the District Collector and Arbitrator, Guntur initially, determined the compensation at Rs.957/- per Sq.Mt. As per the Award No.21 of 2017 dated 31.07.2017 the market value was fixed at Rs.21.00 lakhs. The petitioner filed application under Section 3G(5) of National Highways Act before the Arbitrator-cum-District Collector, Guntur for redetermination of the market value. The Arbitrator-cum-District collector passed an order on 26.12.2018 fixing the market value at Rs.55.00 lakhs per acre and Rs. 1,360/- per Sq.Mt. Aggrieved by the Award of the Arbitrator, the petitioner filed appeal 2. 3 before the District Judge, Guntur under Section 34 of the Arbitration Act, 1996. The Principal District Judge, Guntur by order dated 31.07.2023 set aside the Award dated 26.12.2018 and sent the matter for reconsideration. Thereafter, passed the Award vide Rc.No.B7/334-19/2025 dated 11.04.2025 fixing the market value at Rs.1794/- per Sq.Mt. 3. Learned counsel for the petitioner would submit that the difference amount, in terms of Award vide Rc.No.B7/334-19/2025 dated 11.04.2025 has not been paid to the petitioner. Learned Panel Counsel, on instructions while not disputing the Award vide Rc.No.B7/334-19/2025 dated 11.04.2025 would submit that the differential market value will be deposited to the 4*^^ respondent - competent authority within three (3) months and thereafter, the competent authority will disburse the amount to the petitioner. Given the facts and circumstances of the case, keeping the writ petition pending will not serve any purpose. Therefore, the Writ Petition is disposed of with the consent of learned counsel on either side directing the respondents 1 and 3 to deposit the differential amount payable to the petitioner in terms of Award vide Rc.No.B7/334-19/2025 dated 11.04.2025 within three (3) months from the date of receipt of copy of this order and thereafter the 4‘^ respondent shall disburse the amount to the petitioner within two (2) weeks. No order as to costs. 4. 5. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR s4^oi^fficer //TRUE COPY// To, 1. The Principal Secretary, Union of India, Ministry of Road Transport and Highways of India, Transport Bhawan Parliament Street, New Delhi.' 2. The Project Director, PIU National Highway Authority of India, Machitipatnam, Krishna District. 3. The Regional Officer, Ministry of Road Transport and Highways, Government of India, Vijayawada, Andhra Pradesh 4. The Joint Collector and Competent Authority, (Land Acquisition), NH- 216, Bapatia, Bapatia District. 5. One CC to SRI D KRISHNA MURTHY Advocate [OPUC] 6. Two CCs to GP FOR LAND ACQUISITION High Court of Andhra Pradesh [OUT] 7. One CC to SRI D SRIDHAR, Advocate [OPUC] 8. Two CCs to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh [OUT] 9. Two CD Copies gsg ✓ A HIGH COURT DATED: 01/08/2025 ORDER WP NO. 19891 OF 2025 a ^ ^ SEP 2025 j|) rrentSectiottxCy^ DISPOSING THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS