THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29976 OF 2024 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus claiming the following relief: “WRIT OF MANDAMUS declaring the action of the Respondent Authorities more particularly the Respondent No 3 who has failed to consider the LARR Application dated 02.12.2024 in respect for enhancement of compensation for the existing palm trees and teak tress and passing the award for payment of compensation of the petitioner land being an extent of Ac.1-11 Cents in Survey No51-2B, situated at Sarbhavaram Village, Rajavommangi Mandal, Rampachodavaram Division Alluru Sitaramaraju District as illegal irregular arbitrary violation of Articles 14, 21 and 300A of the Constitution of India and contrary to the provisions of National Highways Act, 1956 and also contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Contrary to the G.O.Ms.No.196 dated 08.07.2020 by the Revenue land Department and consequently direct the respondent No.3 to consider petitioner LARR Application dated 02.12.2024 in respect for enhancement of compensation for the existing palm trees and teak tress and passing the award for payment of compensation of the petitioner land being an extent of Ac.1-11 Cents in Survey No.51-2B situated at Sarbhavaram Village Rajavommangi Mandal Rampachodavaram Division Alluru Sitaramaraju District” 2 NV,J W.P.No.29976 of 2024 2. The petitioner is the owner, possessor and enjoyer of land of an extent of Ac.4-00 cents, in Sy.No.51-2 at Sarbhavaram Village Rajavommangi Mandal Rampachodavaram Division Alluru Sitaramaraju District. Respondent No.1 issued Preliminary Notification dated 03.08.2016 for acquisition of land for road widening of Rampachodaaram – Koyyur. Subsequently, another Notification dated 04.01.2023 was issued under Section 3(D)(2) of NHAI Act, 1956 informing that the acquisition proceedings were initiated by acquiring some part of the land in the villages of Alluri Sitaramaraju District. Apart from acquiring the lands of the others, the respondents also acquired the land of the petitioner to an extent of Ac.1-11 cents out of Ac.4-00 cents, including 78 palm trees and 6 teak trees. The petitioner made an application dated 02.12.2024 under Section 64 of the Right to Fair Compensation and Transparency in land Acquisition Rehabilitation and Resettlement Act, 2013 and under the provisions of National Highway Authorities Act, 1956, in respect of award already passed for compensation and for enhancement of compensation for 78 palm trees and 6 teak trees after having due categorization of A, B, C by Department of Horticulture. Pending consideration of the application of the petitioner, the respondents entered into the land of the petitioner on 15.12.2024 and tried to remove the existing trees without categorization and assessment by the competent authority and for leveling the land for widening the land for laying the road. Questioning the high-handed action of the respondents, the present writ petition is filed. 3 NV,J W.P.No.29976 of 2024 3. The Sub-Collector, Rampachodavaram submitted written instructions on 19.12.2024 stating that the subject matter is for enhancement of award and for re-assessment of palm trees and teak trees, compensation purely relates to horticulture department. 4. A counter affidavit has been filed by Respondent No.6/District Horticulture Officer, Paderu. It is submitted that the Horticulture Officer, Rampachodavaram along with the team has inspected the oil palm garden and teak trees pertaining to the petitioner and the Oil Palm Tree Valuation Report has ben prepared as per the existing guidelines and forwarded to the Sub-Collector, Rampachodavaram/Land Acquisition Officer vide Rc.No.H(1)/16/2022 dated 12.12.2022 for further action. The value of each oil palm tree is arrived as per existing GO is under “C” category is Rs.3,740/- per tree. Accordingly, the total number of Oil Palm trees is 78 nos and given value is Rs.2,91,720/-. Hence, there is no field possibility to enhance the tree valuation report from “C” category to other categories like A or B and requested to dismiss the writ petition. 5. During hearing, learned counsel for the petitioner submits that Respondent No.5 has fixed compensation for the existing palm trees without conducting proper enquiry, without considering the age of the palm trees. Learned counsel further submits that, in the report submitted to the 4 NV,J W.P.No.29976 of 2024 respondent authorities, Respondent No.5 has not taken into consideration the guidelines of the Supreme Court of India in fixing compensation for the land as well as the fruit bearing trees. It is also contended that, the value of 78 oil palm tree is arrived at Rs.2,91,720/- i.e. Rs.3,740/- per tree which falls under “C” category, but, in the instant case, the trees would fall either under Category “A” or “B”. The respondents have arrived at wrong conclusion and categorized the trees of the petitioner in “C” category and leaving the value of 6 teak trees which are most precious trees. 6. However, learned counsel requested this Court to direct the respondents to consider the representation of the petitioner dated 02.12.2024 by following due process of law. 7. Land Government Pleader fairly submits that, if any application is pending with the respondents, the same would be considered and appropriate orders would be passed by the respondents. 8. It is observed that, the petitioner submitted an application dated 02.12.2024 to the respondents, bringing to their notice that, standing oil palm trees of 78 nos and 6 teak trees are available in the land of the petitioner were not considered while fixing compensation and passing award. The petitioner also stated in the application that his objections were not considered properly, 5 NV,J W.P.No.29976 of 2024 by evaluating the same by the experts/Department of Horticulture in proper manner. 9. Hence, the respondents are directed to consider the application made by the petitioner under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with reference to the observations as narrated above, after providing an opportunity to the petitioner, and pass appropriate orders within two (02) months from the date of receipt of copy of this order. 10. With the above direction, writ petition is disposed of. No costs. 11. Consequently, interlocutory applications if any pending, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dt: 10.04.2025 SP 6 NV,J W.P.No.29976 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29976 OF 2024 Dt:10.04.2025 SP