APHC010719262022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) j MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 42376 OF 2022 Between: C Lakshmamma, W/o Late. Sri. Penchal Reddy, Aged about 60 years,Occ.Agriculturist, R/o Jonnavaram Village, Atloor Mandal, YSR Kadapa District. ...Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Revenue(Land Acquisition) Department, Secretariat Buiidings,Veiagapudi,Guntur District. 2. The District Collector, YSR Kadapa District. 3. The Special Deputy Collector (L.A.O), Telugu Ganga Project, Unit-1, YSR Kadapa District. 4. The Special Collector L A, GNSS, Kadapa, YSR Kadapa Dist. ...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, order or direction more particularly one in the nature of mandamus declaring the action of the 3rd respondent in passing the impugned draft consent award vide ref no. C/151/07 dated 31.12.2013 is as illegal, arbitrary, violation of principles of natural justice and violation article 14, 21 and 300-A of the Constitution of India and contrary to the Andhra Pradesh Land Acquisition(District level negotiations committee) rules, 1992 and consequently set aside the same and pay the compensation in respect of the lands and trees of the petitioner under the provisions of Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. lA NO: 1 OF 2022 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 consider the representations, dated 25.08.2018 made by the petitioner, pending disposal of the main writ petition. Counsel for the Petitioner: SRI P NARASIMHULU Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: APHC01'371 9262022 ,N THE HIGH COURT OF ANDHRA PRADESH at amaravati (Special Original Jurisdiction) [3233] present honourable SRI JUSTICE B pFTmON NO: 42376/2022 KRISHNA WIOHAN THE WRIT Between; 1 c LAKSHMAMMA, ‘.p^f^.'cyLTUR^T^ R/0 JONNAVARAM ...PETITIONER AND ITS PRINCIPAL DEPARTMENT, ««OHRA i. STATE OF SECRETARY, SECRETARIAT BUILDINGS, ysr kadapa district. qpFClAL DEPUTY COLLECTORL A O ,ysr kadapa district. 2.THE DISTRICT COLLECTOR telugu ganga 3.THE project, UNiT-1 COLLECTOR L A, GNSS,kadapa,YSR KADAPA 4.THE SPECIAL DIST. ...RESPONDENT(S): under Article 226 of the the^HV''court may be , of natural justice and of India and contrary to committee) Petition circumstances passing the of principles 31.12.2013 IS as illegal, arbitrary^ constitution r violation article 14, 21 and ® level negotiations rr.r- —-»»»•— one in the Andhra rules, 1992 2 LhTT 'he provisions of rIV ?.- 3"" Transparency in Land Acquisition Rehabilitation and Resettlement Act,2013 and pass lA NO: 1 OF ?n?9 stafed'’fn‘,heaTf' fcT!l°" circumstances s ated in the affidavit filed in support of the petition, the High Court may be dlter25 08To?fi'° "“"Cider the representations ' petition and pass " Counsel for the Petitioner: 1.P NARASIMHULU Counsel for the Respondent{S): 1.GP FOR LAND ACQUISITION 3 The Court made the following Order; Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning action of the 3'*^ respondent in passing the impugned draft consent award vide reference No.C/151/07 dated 31.12.2013. The learned counsel for the petitioner submits that, though the compensation was paid to the petitioner’s husband, no interest thereon was 3. paid. On the other hand, the learned Assistant Government Pleader relying the counter of the respondent Nos.2 to 4 submits that the consent 4. upon award was passed vide No.5/2008-2009 dated 04.03.2009 for the lands and horticultural trees and compensation was also paid to the Awardees. The petitioner’s husband did not come forward to receive the compensation (80%) due to non-inclusion of Forest trees valuation in the said award. The forest trees valuation was not received from the concerned at the time of passing of award. The petitioner’s husband Chinreddy Penchal Reddy received remaining 20% compensation along with Orchids. Separate award No.l/SSP/2013-14 dated 31.12.2013 was passed for the forest trees along with 80% compensation in respect of the petitioner’s husband and he also received the said compensation amount without protest. It is true that the petitioner’s land in Sy.No.60/1 in an extent of 0.45 acres, 134/2 in an extent of 0.04 acres, 136/2 in an extent of 0.14 acres, 136/2 in an extent of 0.14 4 acres Project land S/o V ' 153 in an extent of 0.215 acres were submerged under Somasila per the draft notification, draft declaration and Award ^ ^hd trees of the petitioner’s husband i. Subbareddy are shown below; the details e., Chinreddy Penchal Reddy SI. .sy: No. Pattadar Details Total Extent Igcres) No, As per draft notification and draft declaration Horticultural trees Sweet Orange-30 Sweet Orange-30 1. Forest trees 2. 0.22 607i 0.45 3. Teak-10 Neem-6 13^ 13^ 0.04 Neem-2 Teak-32 4. Sri Chinreddy Penchal Reddy S/o Venkata Subbareddy (Petitioner’s husband) 0.14 Drumstick-3 Guava-1 Sunflower crop 5. 136/7 0.14 6. Neam-17 Teak-300 Teak-0 -153 7. ^15 0.41 Paddy crop T615 5. As stated “^P^nsation after "°P-judicia| “'PP^nsation i sward. supra, the petitioner’s .h I IQ on«, ,-4 a £ ceived 20% remaining along with orchids Rs.2.15,156/- in the year 2010 without passing of the award. He also entered into an agreement Stamp paper that he on will not claim for payment of higher in any court of iaw and he is fuiiy satisfied with the consent 6. Pursuant to the award est trees, 80% compensa„o„ Passed dated 31.12.2013 as stated supra, for the for in respect of the petitioner’s husband’s Petitioner’s husband without land Was received by the any protest and details as follows; 5 SI. Sy. Total extent (acres) Awardee details Forest trees as Compensa tion paid Remarks No. No. per personal inspection 1 60/1 0.45 Teak-10 82,387/- Neem-6 2 134/2 0,04 Neem-2 Teak-32 1,64,672/- Sri Chinreddy Penchal Reddy S/o Venkata Subbareddy (Petitioner’s husband) Compensation received without protest 3 136/2 0.14 Teak-150 8,67,306/- 136/7 4 0.215 Neem-19 Teak-150 Ravi-1 5,17,930/- 5 153 0.215 Teak-60 1,41,330/- 0.985 17,73,625/ 7. In view of the above said facts and circumstances and upon consideration of the rival submissions made, it is to be seen that there are two awards passed as stated above for the land and trees separately which were consented by all the awardees including the petitioner’s husband. Accordingly and specifically, the petitioner’s husband received the total compensation. At present after lapse of 9 years and after the demise of the petitioner’s husband, the petitlonei' tiled this writ petition c!ai ming interest on it. When the total compensation was received pursuant to the consented awards, the question of interfering at this stage does not arise. Accordingly, the writ petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 8. As a sequel. Miscellaneous Petitions pending, if any, shall stand SECTtON closed. //TRUE COPY// officer To, The Principal Secretary, Revenue(Land Acquisition) Department, Secretariat Buildings, Velagapudi,Guntur District. The District Collector, YSR Kadapa District. The Special Deputy Collector(L.A.O), Telugu Ganga Project, Unit-1, YSR Kadapa District. 1. 2. 3. 4. The Special Collector L A, GNSS,Kadapa,YSR Kadapa Dist. 5. One CC to SRI. P NARASIMHULU, Advocate [OPUC] 6. Two CCS to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh [OUT] 7. Two CD Copies vna ' ^ HIGH COURT DATED: 18/08/2025 ORDER i 23 SEI'2(I25 ^ ^ - Current :>eciion . X^sPATweS-^ WP NO. 42376 OF 2022 cosT?"^° petition without