APHC010405602013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 36059/2013 Between: 1. K.LAKSHMINARAYANA,, S/O K.VENKAIAH, R/O H.NO.5-26, N.H.5, MAIN ROAD, MARTUR, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, CENTRAL SECRETARIAT, NEW DELHI. 2. THE GOVERNMENT OF INDIA, REPRESENTED BY ITS DEPUTY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, CENTRAL SECRETARIAT, NEW DELHI. 3. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G5 AND 6, SECTOR 10, DWARAKA, NEW DELHI. 4. THE PROJECT DIRECTOR, PIU, NATIONAL HIGHWAYS AUTHORITY OF INDIA, BY-PASS ROAD JUNCTION WITH OLD GNT ROAD, VEDAYAPALEM, NELLORE 524 004, A.P. 5. THE COMPETENT AUTHORITY SPECIAL COLLECTOR LA, P.S.V.P. UNIT, ONGOLE, PRAKASAM 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 toto issue a Writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not attaching the plan to the Notification 30.11.2009 and 20.01.2012 the publication dated 14.12.2009 and 07.03.2012 respectively under Section 3A (1)&(2) in HINDU Daily news paper and in not following the procedure contemplated 2 under Sections 3A, 3C, 3D, 3E, 3G (3), (4), (5) and (7) (a) and 3H of the National Highways Act, 1956, and Amended Act 16 of 1997 and Award No. 43 of 2011 dt. 29-05-2013 as arbitrary, illegal, unjust, in violation of principles of natural justice, in violation of Article 21 and contrary to the provisions of the National Highways Act, 1956 and consequently set aside the publications dated 14.12.2009 and 07.03.2012 respectively under Section 3A (1) and (2); and setaside the Award No. 43/2011 dt. 29-05-2013and pass. IA NO: 1 OF 2013(WPMP 44829 OF 2013 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 notices Ref.No.LA/NH5/ 4/ 2010 dated 11.10.2013 under Section 3H (2) and 3E(1) of the National Highways Laws (Amendment) Act, 1997 issued by the 5th respondent, pending disposal of the Writ Petition and pass. IA NO: 1 OF 2014(WPMP 1367 OF 2014 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 permit the petitioners to amend the following amendment in the Writ Prayer after the words 3H of the National Highways Act, 1956 before as arbitrary, and after Section 3A(1) and (2) before '' and 3H of the National Highways Act 1956 '' and Amended Act 16 of 1997 and Award No.43 of 2011 dated 29.05.2013'' as arbitrary, illegal, unjust, in violation of principles of natural justice, in violation of Article 21 and contrary to the provisions of the National Highways Act, 1956 and consequently set aside the publications dated 14.12.2009, 21.08.2010 and 07.03.2012 under Section 3A (1) and (2) '' and set aside the Award No.43/2011 dated 29.05.2013''. Counsel for the Petitioner: 1. V PADMANABHA RAO Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. 3. S S VARMA (SC FOR NHAI) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.36059 of 2013 ORDER:- 1. During the hearing, Sri S.S. Varma, the learned Standing Counsel for Land Acquisition, submitted that an Award had been passed while the writ petition was still pending, and the Award amount was duly deposited on 15.11.2013 and 27.01.2014. He further submitted that the petitioner had received the Award amount without raising any protest. 2. In response, the learned counsel for the petitioner requested this Court to refer the matter to the Lok Adalat for consideration of enhancement of the compensation awarded under the said Award. 3. In view of the above, since the Award has already been passed by the Competent Authority & Special Collector (LA) and the petitioner has accepted the compensation without any protest, no further cause of action survives in the present writ petition. 4. With the above, writ petition is closed. No costs. 5. However, as regards the prayer for enhancement of compensation, the petitioner is at liberty to pursue appropriate legal remedies, including filing a fresh writ petition, in accordance with law, if so advised. 6. Consequently, miscellaneous applications pending if any, shall also stand dismissed. No costs. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:28.07.2025 SP 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.36059 of 2013 Date: 28.07.2025 W SP