THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25901 OF 2023 ORDER: This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “To issue Writ of Mandamus or other appropriate writ order or direction declaring the Second Notification issued under Section 3G(3) of National Highways Act, 1956 dated 13.06.2023 published on 15.06.2023 in Praja Sakshi Daily News Paper contrary to the earlier Notification issued under Section 3G(3) of National Highways Act, 1956 published on 17.11.2018 in Sakshi Daily News Paper for building Construction of Flyovers / VUPs / widening / four laning / six Lanning etc maintenance management and operation of National Highway No 16/216A in the stretch of land from Km.969.400 to Km.971.350 Gundugolanu Rajamahendravaram section in the District of West Godavari Andhra Pradesh as illegal arbitrary unjust violative without jurisdiction and violation of Fundamental Rights Guaranteed under Articles 14, 19 and 21 of the Constitution of India besides violation of the provisions contemplated under National Highways Act 1956 and consequently set aside the Second notification issued under Section 3G(3) of National Highways Act 1956 dated 13.06.2023 published on 15.06.2023 in Praja Sakshi Daily News Paper.” 2 NV,J W.P.No.25901 of 2023 Learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition and learned Standing Counsel for the 2nd respondent would submit that the issue involved in this writ petition is squarely covered by the order of this learned single Judge of this Court in W.P.No.34565 of 2022 dated 21.09.2023 and judgment of the Division Bench of this Court in W.A.No.1001 of 2023 & W.A.No.135 of 2024 dated 22.08.2024 (by which the order of the learned single Judge was modified partially) Operative portion of order of the learned Single Judge in W.P.No.34565 of 2022 dated 21.09.2023 reads as follows: “17. Be that as it may. This Court in the light of the conclusions arrived at supra, is of the considered opinion that the respondents have no power to reduce the extent of land and determine the compensation in respect of the same. Therefore, the Notification dated 11.10.2022 is declared as illegal, lacking in statutory power or authority and is accordingly set aside. The petitioners by virtue of the events subsequent to filing of W.P.No.4049 of 2019 are not entitled for the other reliefs. 18. Accordingly, the Writ Petition is partly allowed. The authorities shall take necessary action in the matter for issuing fresh Notification under Section 3G of the Act in consonance with the Notification issued under Section 3A of the Act and determine the compensation payable to the petitioners in accordance with Law, as expeditiously as possible, within a period of eight (8) weeks from the date of receipt of copy of this order.” 3 NV,J W.P.No.25901 of 2023 Operative portion of order of the learned Single Judge in W.A.No.1001 of 2023 & W.A.No.135 of 2024 dated 22.08.2024 dated 21.09.2023 reads as follows: “17. However, in regard to the issue that the entire acquisition proceedings must be deemed to have been vitiated on account of non-payment of the compensation in the year 2018, we find that this ground does not seem to have been urged before the learned single Judge much less did the learned single Judge have any occasion to decide the issue as to how the acquisition process would stand vitiated on account of the delay in payment of compensation. In any case, learned counsel for the appellants has failed to convince us as to how the process of acquisition would get vitiated on that account. 18. Be that as it may, we allow Writ Appeal No.135 of 2024 to the limited extent the impugned judgment and order directs the compensation to be determined and paid in accordance with the notification issued under Section 3A of the Act, and direct the authorities to pay the compensation in accordance with the notification issued under Section 3D of the Act to all the eligible claimants. The judgment and order of the learned single Judge shall stand modified to that extent. Writ Appeal No.1001 of 2023 is found to be without any merit and is accordingly dismissed. No costs.” Recording the submission of the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, this writ petition is disposed of, in terms of the said order in W.P.No.34565 of 2022 dated 4 NV,J W.P.No.25901 of 2023 21.09.2023 and judgment of the Division Bench of this Court in W.A.No.1001 of 2023 & W.A.No.135 of 2024 dated 22.08.2024.. No costs. The Registry is directed to annex a copy of the order in W.P.No.34565 of 2022 dated 21.09.2023 and judgment of the Division Bench of this Court in W.A.No.1001 of 2023 & W.A.No.135 of 2024 dated 22.08.2024 to this order. Consequently, miscellaneous applications, pending if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dt: 10.04.2025 SP 5 NV,J W.P.No.25901 of 2023 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25901 OF 2023 Dt:10.04.2025 SP