■ I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 22614 OF 2023 PRASAD Between: C. S. Subramanyam Naidu, aged 65 years, S/o Late C. Krishnaiah Naidu Occupation; Farmer, D.No.3-50, Chalicheemalapalli Village, 197, Ramapuram Post, Gudipala Mandal, Chittoor District, Andhra Pradesh - 517403. ...PETITIONER AND 1. Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Parivahan Bhavan, 1, Parliament Street, New Delhi - 110001. 2. The Chairman, National Highways Authority of India, No. G 5 and 6, Sector-10, Dwaraka, New Delhi - 110075. 3. The Project Director, National Highways Authority of India, Project Implementation Unit (PIU) - Kanchipuram, Plot No.20, 1st Floor, Pallavan Nagar Main Road, Maduravoyal, Chennai, Tamil Nadu - 600095. 4. The Joint Collector, Competent Authority (LA), NHAI, Bangalore - Chennai Express Way (NE-7), O/o the District Collectorate, Chittoor, Chittoor District, Andhra Pradesh - 517002. 5. The District Collector, O/o the District Collectorate, Chittoor, Chittoor District, Andhra Pradesh - 517002. 6. The Tahsildar, Gudipala Mandal, Chittoor District, Andhra Pradesh - 517132. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 4^^ respondent specially in not considering the objections raised by the petitioner and issued an order contrary to the notification 13.06.2023 published on 24.06.2023 related to Sy. Nos. 151/1B to an extent of Ac 1.22 cents and 153/1A to an extent of Ac.1.46 cents at 196 Timmaiahpalli Revenue Village, Gudipala Mandal, Chittoor District for the purpose of building, maintenance, management and operation of National Highways NE-7 in the stretch of land from Km. 74.87 to Km 164.5 in the villages of Vasantapuram, Basavapalli, Thimmaiahpalli and 189 Kothapalli in Gudipala Mandal, Chittoor District without following due process of law is as illegal, arbitrary, violation of natural justice and offends the Articles 14,16,21 and 300 A of the Constitution of India and contrary to Secs. 3A to 3C of National Highways Act consequently set aside the impugned order dt.11.08.2023 bearing Roc.GI/1088/2012 of the 4th respondent and direct the 4th respondent not to take any coercive steps in the petitioner's land and grant stay on the operation pertaining to the land in Sy.No. 151/IB to an extent of Ac 1.22 cents and 153/1A to an extent of Ac.1.46 cents at 196 Timmaiahpalli Revenue Village, Gudipala Mandal, Chittoor District in the interest of equity, justice and beneficial to the affected petitioner. may 1956 and lA 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 to direct the respondents set aside the impugned order dt.11.08.2023 bearing Roc.G1/1088/2012 of the 4‘^ respondent and direct the 4th respondent not to take any coercive steps in the petitioner's land and grant stay on the operation pertaining to the land in Sy.No. 151/IB to an extent of Ac 1.22 cents and 153/1A to an extent of Ac.1.46 cents at 196 Timmaiahpalli Revenue Village, Gudipala Mandal, Chittoor District in the interest of equity, justice and beneficial to the affected petitioner. Counsel for the Petitioner: SRI D. KISHORE KUMAR Counsel for the Respondent No.1: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 & 3: SRI T. YOGESH FOR SRI M. RAMU, SC FOR NHAI Counsel for the Respondent No.4: SRI G. DIVYA TEJA, AGP FOR LAND ACQUISITION Counsel for the Respondent Nos.5 & 6:SRI K. ARJUN CHOWDHARY, AGP FOR REVENUE The Court made the following: ORDER # APHC010436822023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] r i THURSDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22614/2023 Between: S/0 LATE C. D.NO.3-50, 197, RAMAPURAM POST, 1.C S SUBRAMANYAM NAIDU, AGED 65 YEARS, OCCUPATION. FARMER KRISHNAIAH NAIDU, CHALICHEEMALAPALLI VILLAGE GUDIPALA MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH - 517403. ...PETITIONER AND 1.UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ROAD PARIVAHAN BHAVAN, 1, TRANSPORT AND HIGHWAYS, PARLIAMENT STREET, NEW DELHI - 110001. 2.THE CHAIRMAN, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NO. G 5 AND 6, SECTOR-10, DWARAKA, NEW DELHI - 110075. 3.THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT (PIU) - KANCHIPURAM, PLOT NO.20, 1ST FLOOR, PALLAVAN NAGAR MAIN ROAD, MADURAVOYAL, CHENNAI, TAMIL NADU - 600095. 4.THE JOINT COLLECTOR, COMPETENT AUTHORITY (LA), NHAI, BANGALORE - CHENNAI EXPRESS WAY (NE-7), 0/0 THE DISTRICT COLLECTORATE, CHITTOOR, CHITTOOR DISTRICT, ANDHRA PRADESH -517002. 5.THE DISTRICT COLLECTOR, 0/0 THE DISTRICT COLLECTORATE, 2 f CHITTOOR, CHITTOOR DISTRICT. ANDHRA PRADESH 6.THE TAHSILDAR, GUDIPALA MANDAL ANDHRA PRADESH - 517132. -517002. CHITTOOR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.D KISHORE KUMAR Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2. 3.MADISHETTY RAMU The Court made the following ORAL ORDER: Heard Sri D. Kishore Kumar learned Counsel for the Writ Petitioner; Sri Arjun Chowdary, learned Government Pleader Registration; Sri T. Yogesh, learned Counsel Ramu, learned Standing Counsel for NHAI and Sri G. Assistant Government Pleader for Land Acquisition and Irrigation. 2. It is the case of the Writ Petitioner that the Respondent Officials encroached into his land without initiating any Proceedings in accordance with law. He would submit that, by virtue of Notification National Highway (Bangalore-Chennai Greenfield Express Highway) of Ac.1.36 cents belonging to the Writ Petitioner Petitioner, as on the date of acquisition Ac.1.46 cents in Sy.No.153/1A. The Ac.0.10 cents of land in the same survey number remained un-acquired. 3. However, the Official Respondents herein that the entire land belonging to the Writ Petitioner started the expansion work. Sri T. Yogesh, learned Counsel behalf of Sri M. Ramu, learned Standing Counsel for NHAI for Revenue, Stamps & appearing on behalf of Sri M. Divya Teja, Learned have for acquiring land for an extent was acquired. The Writ was in fact holding an extent of were under the assumption stood acquired and have appearing on would submit that 3 on 21.01.2025, the Department of Revenue (Land Acquisition Branch) has handed over the possession of the subject land to the National Highways Authority of India (NHAI). As the work progressed, the mango trees which were lying in the extent of Ac.0.10 cents were also cut/uprooted by the Official Respondents, while the Writ Petitioner has already approached this Court assailing acquisition process by filing the Writ Petition in the year 2023. My Predecessor, vide Order dated 31.08.2023, had admitted the Writ Petition with a direction to file Counter Affidavit. Pleading are complete. r 4. Since the land was only given on 21.01.2025, as the work had begun, the Writ Petitioner has made a mention before this Court for urgent listing of this matter. The matter was listed on 22.01.2025. Sri T. Yogesh, learned Counsel appearing on behalf of Sri M. Ramu, learned Standing Counsel for NHAI, sought time to obtain instructions as regards the cutting of the mango trees. On 24.01.2025, this Court having considered the broad spectrum of the facts, had issued certain directions. Since the dispute between the Writ Petitioner and the Respondents has boiled-down to conduct survey to verify whether the Respondents have encroached into the un-acquired land of the Writ Petitioner, this Court had ordered for fresh land survey to be conducted under the supervision of the Revenue Divisional Officer and in the presence of the Officials of the NHAI Officials. 5. Sri T. Yogesh, learned Counsel appearing on behalf of Sri M. Ramu, learned Standing Counsel for NHAI would submit that, in compliance with the direction of this Court dated 24.01.2025, survey was conducted on 30.01.2025 under the supervision of the Revenue Divisional Officer and in the presence of the Officials of the NHAI. The Tahsildar, after the conduct of survey, has submitted a Report on 01.02.2025. From the Survey Report, it transpires that, due to the oversight, an extent of Ac.0.10 cents in Sy.No.153/1A was left out un-acquired. This fact is fairly admitted by Sri T. Yogesh. He would submit that the left out area is also essential for the Official Respondents to complete the Project and would take steps in accordance with law for acquiring the said 4 extent of land, thereby, duly compensating the Writ Petitioner with law for the loss of land and the vegetation therein, presented by the learned Counsel for the Writ Petitioner would indicate that all the mango trees were cut in the un-acquired area due to misapprehension that the said land also stood acquired. Since the Writ in accordance The photographs Petitioner is still the owner of the land and the mango trees present in it, needless to state that the Writ Petitioner would be entitled for appropriate compensation according to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 6. In terms of the above observations, this Writ Petition The Respondent Authorities shall proceed in accordance with law. No Order as to Costs. stands allowed. 7.Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO DEPUTY REGISTRAR / //TRUE COPY// SECTION OFFICER 1. The Secretary, Ministry of Road Transport and Highways, Union of India, Parivahan Bhavan, 1, Parliament Street, New Delhi - 110001. 2. The Chairman, National Highways Authority of India, No. G 5 and 6, Sector-10, Dwaraka, New Delhi - 110075. 3. The Project Director, National Highways Authority of India, Project Implementation Unit (PIU) - Kanchipuram, Plot No.20, 1st Floor, Pallavan Nagar Main Road, Maduravoyal, Chennai, Tamil Nadu - 600095. 4. The Joint Collector, Competent Authority (LA), NHAI, Bangalore - Chennai Express Way (NE-7), O/o the District Collectorate, Chittoor, Chittoor District, Andhra Pradesh - 517002. 5. The District Collector, O/o the District Collectorate, Chittoor, Chittoor District, Andhra Pradesh - 517002. 6. The Tahsildar, Gudipala Mandal, Chittoor District, Andhra Pradesh - 517132. To, f' 7. One CC to Sri D. Kishore Kumar, Advocate [OPUC] 8. One CC to Sri M. Ramu, SC for NHAI[OPUC] 9. Two CC’s to GP for Land Acquisition, High Court of A.P. Amaravati[OUT] 10. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies. / at ssb 0 HIGH COURT DATED:06/02/2025 I M / / ORDER WP.No.22614of 2023 'x 11| FEB 2025 1*5 Current Section ^ ALLOWING THE W.P. WITHOUT COSTS