APHC010636742017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 29802/2017 Between: 1. B. BULLI RAJU,, S/O SATYANARAYANA, AGED ABOUT 62 YEARS, OCC: AGRL. R/O. H.NO. 1-137/2, . CHINAKODEPUDI SEETHANAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 2. T. PULLAPA RAJU,, S/O. GOPAL RAJU AGED ABOUT 50 YEARS, OCC: AGRL R/O. CHINAKODEPUDI, SEETHANAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 3. M. SATYANARAYANA, S/O. VENKATRAO, AGED ABOUT 48 YEARS, OCC: AGRL R/O. NAGAMPALLI, SEETHANAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 4. I.V. RAMANA RAJU, S/O. LATE I. SEETHARAMA RAJU, AGED ABOUT 58 YEARS, OCC: AGRL. PRESANTLY: R/O. 15-31-2M-1B/2, ILL-PHASE, ANUPAMA HOSPATAL KPHB COLNY, KUKATPALLY, HYDERABAD 5. M. RAMACHANDRA RAO,, S/O. VENKAT RAO., AGED ABOUT 58 YEARS, OCC: AGRL. R/O. NAGAMPALLI, SEETHANAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 6. M. RAMACHANDRA RAO,, S/O. VENKAT RAO., AGED ABOUT 58 YEARS, OCC: AGRL. R/O. NAGAMPALLI, SEETHANAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 7. N. VENKATA RAO,, S/O. VENKAT RAJU, AGED ABOUT 45 YEARS, OCC: AGRL R/O. H.NO. 3-11, VAGALAPUDI, SEETHANAGARAM MANDAL, E.G.DIST 2 8. N. SEETHA RATNAM, W/O. BABURAO AGED ABOUT 50 YEARS, OCC: AGRL. R/O. H.NO. 3-126, VAGALAPUDI, SEETHANAGARAM MANDAL, E.G.DIST 9. K. SUJATHA,, W/O. PRABHAKAR RAO. AGED ABOUT 37 YEARS, OCC: AGRL R/O. H.NO. 2-12, SAIBABA TEMPLE STREET, VANGALAPUDI, SEETHANAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 10. V. SRIDEVI, W/O. VASU, AGED ABOUT 40 YEARS, OCC: AGRL. PRESENTLY R/O. H.NO. 4-10/1, RAJIV GANDHI CENTER, RAJAHMUNDRY RURAL, E.G. DIST., 11. N. SATYAM, S/O. RATAIAH, AGED ABOUT 78 YEARS, OCC: AGRL R/O. H.NO. 2-41, RAMALAYAMA STREET, VANGALPUDI SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 12. G. MANGAYYAMMA,, W/O. VENKAT RAO, AGED ABOUT 45 YEARS, OCC: AGRL. R/O. H.NO. 2-43, VINAKUDI TAMPLE, VAMGALAPUDI, SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 13. K. SURYA KUMARI,, W/O. SRINIVASA RAO AGED ABOUT 39 YEARS, OCC: AGRL. PRESENTLY R/O. H.NO. 4-177, PANCHAYATHI VEEDHI, BOMMURU, RAJAHMUNDRY, RURAL, E.G. DIST 14. CH. V. RAM KIRSHNA, S/O DORAIAH, AGED ABOUT 46 YEARS, OCC: AGRL R/O. CHINNAKONDAYAPURI, SEETHNAGARAM MANDAL, E.G.DIST 15. M.V.B. VASANTA RAO, S/O. M. NARAYANA MURTHY AGED ABOUT 60 YEARS, OCC: AGRL R/O. CHINNAKONDAYAPURI, SEETHNAGARAM MANDAL, E.G.DIST 16. S. BHASAKARAMMA, W/O DEVI PRASAD AGED ABOUT 50 YEARS, OCC: AGRL R/O. H.NO. 5-142, LANKURU , CHINNAKONDAYAPURI, SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 17. S. RAMESH, S/O VENKATA RAMANA AGED ABOUT 35 YEARS, OCC: AGRL R/O. CHINNAKONDAYAPURI, SEETHNAGARAM MANDAL, E.G.DIST 18. S. TATA RAO, S/O VENKATA RAMANA, AGED ABOUT 61 YEARS, 3 OCC: AGRL R/O. CHINNAKONDAYAPURI, SEETHNAGARAM MANDAL, E.G.DIST 19. K.PRASAD RAO, S/O DORAIAH. AGED ABOUT 52 YEARS, OCC: AGRL R/O. H.NO. 4-138, RAMACHANDRAPURAM, SEETHNAGARAM MANDAL, E.G.DIST 20. K. SRINIVAS RAO,, S/O RAMMOHAN. AGED ABOUT 40 YEARS, OCC: AGRL R/O. H.NO. 4-141, RAMACHANDRAPURAM, SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 21. CH. RUSHUSVARUDU, S/O RAMACHANDRUDU, AGED ABOUT 50 YEARS, OCC: AGR PRESENTLY R/O. H.NO. 25-5-14, WEAVERS COLONY, SKETING PARK, WEAVERS COLONY, RAJAMANDRY, URBAN, E.G.DIST 22. U. POSAIAH, S/O ARAVALU, AGED ABOUT 51 YEARS, OCC: AGRL R/O. H.NO.2-15, NEAR GANESH STREET, RAMACHANDRAPURAM, SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 23. N.GANGA LAKSHMI, W/O CH.BANGARU RAJU, AGED ABOUT 57 YEARS, OCC: AGRL PRESENTLY R/O. H.NO. 2-42/A, PARK STREET, KATHERU, RAJAMANDRY, RURAL, E.G.DIST 24. K. NANI BABU, S/O KRISHNAIAH. AGED ABOUT 54 YEARS, OCC: AGRL R/O. H.NO. 2-179, RAMALAYAM STREET, NEAR, UP SCHOOL, SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST., 25. KALAVACHARLA VEERABADRA CHARY, S/O. RAMAIAH, AGED ABOUT 63 YEARS, OCC: AGRL R/O. H.NO. 4-125, RAMALAYAM STREET, RAMACHANDRAPURAM, SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 26. K. SARVARAYUDU, S/O KRISHNA RAO, AGED ABOUT 50 YEARS, OCC: AGRL R/O. H.NO.4-5, NEAR GANESH STREET, RAMACHANDRAPURAM, SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G. DIST., 27. K. KOTESWARA RAO, S/O SURYA RAO. AGED ABOUT 48 YEARS, OCC: AGRL R/O. H.NO. 4-9, NEAR VINAYAKA TEMPLE, RAMACHANDRAPURAM, SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST 4 28. U. SRINIVAS RAO, S/O RAVANNA, AGED ABOUT 48 YEARS, OCC: AGRL R/O. H.NO.3-40, RAMACHANDRAPURAM, SEETHNAGARAM MANDAL, PURSHOTHAPATNAM, E.G.DIST ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT,(LAND ACQUISITION), SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI MANDAL, GUNTUR DISTRICT. A.P. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA, DEVELOPMENT DEPARTMENT, (ICAD) SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI MANDAL, GUNTUR DIST.. A.P. 3. THE DISTRICT COLLECTOR, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE JOINT COLLECTOR, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH 5. THE LAND ACQUISITION OFFICER/ SUB COLLECTOR, RAJAMAHENDRAVARAM, (PREVIOUSLY KNOWN AS RAJAMUNDRY) EAST GODAVARI DISTRICT 6. THE TAHSILDAR/ MANDAL REVENUE OFFICER, SEETHANAGARAM MANDAL, EAST GODAVARI DISTRICT, A.P ...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, order or direction more particularly one in the nature of a "Writ of Mandamus", a) declaring the action of the respondents in not paying compensation to the petitioners even after passage of Award No. 03/2017 dt.25-05-2017 U/Sec.,37(2) R/w Rule 26 under Act of 30 of 2013, vide Notice-2 Ref.A/Genl/7700/2016, dt., 06.2017; and in spite of having illegally and forcibly dispossessed the land owners/ farmers of the villages of Purushottapatnam, Chinakondepudi, and Nagampalli villages of Seethanagaram mandal, East Godavari district, prior to 30.05.2017; before the announcement of the said Award, for the acquisition of agricultural 5 fields/land from the petitioners for the purpose of construction of Purushottapatnam Lift Irrigation Scheme, (PLIS) negatively affecting and depriving the petitioners livelihoods without any formal provisions for sustenance, rehabilitation, resettlement made and fair compensation, in accordance with Sections 19(1), 27, 30, 31, 38(1), 105(3), and especially the provisions of the I, II and III Schedules relating to Compensation, Rehabilitation and Resettlement Entitlements for all the affected families of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, ("LA Act, 2013 or RFCTLARR Act 2013") without even considering the effect of such submergence through a Social Impact Assessment or Environmental Impact Assessment, for the lands in Purushothapatnam Village notified pursuant to File No: Rev: GSECOLARR(PN)/1/2017-SA(G5)-COL-EG, dt., 24.01.2017, Form No., 6 published in Saakshi Telugu newspaper dt.26.01.2017, whereby an extent of Ac 96.8175 guntas of land has been notified in the Village of Purushothapatnam, vide File No: Rev: GSECOLARR(PN)/1/2017-SA(G5)- COL-EG, dt., 24.01.2017, Form no-6, published in Visalandhra,' whereby an extent of Ac. 32.42 guntas have been notified in the village of Nagampally, vide File No: REVGSECOLARR(PN)/4/2017-SA(G5)-COL-EG, dt., -Nil-, Form- 6, published in 'Eenadu,' Telugu newspaper, dt.31.01.2017, whereby an extent of Ac. 69.72 guntas have also been notified in the village of Chinakondepudi, and Award Inquiry pursuant to Section 21 was held on 23.05.2017 at 11.00 am in the Gram Panchayat for Purushottpatnam village vide Ref(A)/7700/2016 dt., 04-2017 published in `Eenadu,' regional newspaper dt.1-05-2017, Award inquiry was held on 19.05.2017 at 11.00 am in the Gram Panchayat for Chikondepudi village vide Ref(A)/7700/2016 dt.,04.2017, and held on 16.05.2017 at 11.00 am in the Gram Panchayat for Nagampalli village of Seethanagaram mandal, East Godavari district, for acquisition for the purpose of excavation and construction of the Purushothapatnam Lift Irrigation Scheme to push Godavari water into Yeleru river through Polavaram Irrigation project left main Canal in Purushothapatnam, Nagampalli, Chinakondepudi and Vangalpudi Villages, in Seethanagaram Mandal, East Godavari District, where illegal construction activity has already commenced, as illegal, arbitrary, unconstitutional, in violation of the LA Act 2013 b) and consequently direct the respondents to stop/stay all further construction activities, until payment of compensation, in accordance with LA Act. 2013 after revision of market values in accordance with the revision dt.01-08-2017 pursuant to the LA Act 2013 and applicable Rules under AP revision of market value guidelines rules 1998 forthwith c) to further direct the respondents to expedite the payment of compensation 6 rehabilitation and resettlement as applicable to the petitioners in the above said villages of Chinnakodepudi, Nagampally and Vangalpudi of Seethnagaram Mandal, East Godavari District AP IA NO: 1 OF 2017(WPMP 37103 OF 2017 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 expedite the payment of compensation rehabilitation and resettlement in accordance with LA Act 2013 and applicable Rules under AP revision of market value guidelines rules 1998 pending disposal of the above writ petition in the interest of justice IA NO: 1 OF 2024 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 grant leave to the petitioner to file reply affidavit in this present writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. PANGA SIVANARAYANA 2. PANGA SIVANARAYANA 2. V MALLIK Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION (AP) 2. GP FOR IRRI AND CAD (AP) 7 The Court made the following ORDER: The petitioners, numbering about 28 people, claim ownership about various extents of land in Purushottapatnam, Chinakondepudi and Nagampalli Villages of Seethanagaram Mandal, East Godavari District. These lands are said to have been acquired, under the provisions of Fair Compensation Act, 2013, for the purposes of executing Purushottapatnam Lift Irrigation project. 2. The case of the petitioners, in short, and prayer of the petitioners, in the writ petition is that an Award, dated 23.05.2017, had been passed in favour of the petitioners, but no part of the said compensation either has been paid or deposited in any court. The petitioners sought payment of this compensation and for a further direction to the authorities not to take up further construction for Lift Irrigation Project till such payment is made. 3. The Sub-Collector, Rajamahendravaram, who is arrayed as respondent No.5 has filed a counter-affidavit. In this counter-affidavit, it is specifically stated in Para No.47 that non-payment of compensation, was on account of non-cooperation of the petitioners in receiving the said compensation amount. It is further stated that Purushothapatnam Lift Irrigation Project had already been completed and is in operation from 15.08.2017. 4. A perusal of the counter-affidavit would show that the 5th respondent, except stating that payment could not be made on account of non-cooperation of the petitioners, has not set out as to whether the compensation due to the 8 petitioners had been deposited in the Court in accordance with Section 80 of the Land Acquisition Act, 2013 (for short “the Act”). 5. In that view of the matter, as the factual aspects are not in dispute, this Writ Petition is disposed of with the following directions: i) In the event the compensation has already been deposited before the appropriate Civil Court, the 5th respondent shall intimate the fact of such deposit to the petitioners within one (1) week from the date of receipt of copy of this order; ii) Upon such intimation, it would be open to the petitioners to approach the appropriate Court, where the compensation has been deposited and obtain withdrawal of the said compensation, in accordance with law; iii) This would not preclude the petitioners from seeking interest from the respondents, in accordance with the provisions of the Act, 2013, if there has been any delay in deposit of such compensation; iv) If compensation has not been deposited into Court, the respondents shall serve notice on the petitioners to receive the said compensation and such compensation shall be paid to the petitioners, in accordance with the Award, along with interest, as would be applicable for such delayed payment. The said interest would be calculated from the date of Award till the date of payment to the petitioners; v) In the event of any non-cooperation of the petitioners, in receiving such compensation and additional interest, it would also be open to the respondents to deposit the same into the appropriate Court, in accordance with the provisions of the 9 Act, 2013. However, interest as required to be paid for the delayed payments under the provisions of the Act, 2013 would also be deposited along with the compensation, before the appropriate Court. The said interest being paid from the date of award till the date of deposit of such compensation into Court. vi) Upon deposit of such compensation, the petitioners are entitled to withdraw their share of compensation as per the Award dated 23.05.2017. vii) There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J Date 31.10.2025 KA 10 262 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 29802/2017 Date 31.10.2025 KA