IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9510 OF 2Q2fi AMARAVATj^ ¥ iSi c c A s Between: 1. M/s Padmavathi Export. A sole Proprietorship Proprietrix, Dasari Venkata Padmavati, W/o. Venkata Rama Krishna, Aged about 42 years, Occ Business. Uppalapadu Village, Podili Mandal Prakasam District. Andhra Pradesh 2. Dasari Venkata Padmavati, W/o Venkata Rama Krishna, Aged about 42 years. Occ. Business, Uppalapadu Village, Podili Mandal. Prakasam District Andhra Pradesh. represented by its ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Land Acquisition), Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh 2. The Competent Authority Land Acquisition (GALA) Collector, Prakasam District, Dngole, Andhra Pradesh 3. The District Collector/Arbitrato’r, Prakasam Pradesh NH-544 G & Joint District, Ongole, Andhra 4. The National Highways Authority of India, Rep by its Chairman 6, Sector-10, Dwarka, New Delhi - 110075 G5 and 5. The National Highways Authority of India, Represented by its Project 1st and 2nd Floors, Director, NHAI, PIU, Ongole, Door No 7-896 Sowmya Residency, RTC Colony, Ongole 1 6. The Union of India, Represented by the Secretary Road Transport & Highways Transport Bhawan, • New Delhi 7. The Revenue Divisional Officer District, Andhra Pradesh 8. The Tahsildar, Podili Mandal, 9- The Village Revenue Officer, I Prakasam District, Andhra Pradesh. , Ministry of Shipping 1, Parliament Street, Kanigiri Division, Kanigiri, Prakasam Prakasam District, Andhra Pradesh. Uppalapadu Village, Podili Mandal ...Respondents Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue a writ or order or direction may more particularly one in the , declaring the Notifications vide nature of Writ of MANDAMUS SO.No.166(E) dated 10.01.2023 under Section 3A, Gazette No.2120 dated 17.05.2023 published vide SO.No.2213(E) dated 17.05.2023 under Sectiori 3D, Award No.94/2023-NH-5 44G dated 22.09.2023 passed by the Second Respondent GALA under the National Highways Act, 1956 and the action of the Respondents in trying to dispossess the Petitioners commercial/industrial land total ad from the measuring Ac. 1.68 Cents situated in Sy.Nos.129/6, 129/7A, 129/7B 129/8, 129/9A, 129/9B, 129/12, 129/14 129/15, 129/16 of Uppalapadu Village. Podiii Mandal, Prakasam District i Violation of the provisions of the National in Highways Act, 1956 the National Highways Act, 1956 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation arbitrary and violative of Articles 14 and Resettlement Act, 2013 as illegal; , 19, 21 and 300A of the Constitution of consequently quash the same and direct the Respondents dispossess the Petitioners and India and not to carry out any works viz., building widening; operation of National Highway No.544G in maintenance, management and respect of the Petitioners land. lA NO: 1 OF 2025 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 stay all further proceedings pursuant to the Notifications vide SO.No.166(E) dated 10.01.2023 under Section 3A, Gazette No.2120 dated 17.05.2023 published vide SO.No.2213(E) dated 17.05.2023 under Section 3D. Award No.94/2023-NH-544G dated 22.09.2023 passed by the Second Respondent CALA under the National Highways Act dispossession of the Petitioners from the commercial/industrial land total Ac.1.68 Cents situated in Sy.Nos.129/6, 129/7A, 129/7B, 129/8, 129/9A, 129/9B, 129/12, 129/14, 129/15, 129/16 of Uppalapadu Village Mandal, Prakasam District. Counsel for the Petitioners: SRI KETHVATHU PARVATHI BAI Counsel for the Respondent Nos.1,2,3,7,8 & 9: GP FOR LAND 1956 including Podili ACQUISITION Counsel for the Respondent Nos.4 & 5:SRI S.S.VARMA, SC FOR NHAI * Counsel for the Respondent No.6: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER APHC010187492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE r PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9510/2025 Between: Padmavathi Export ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.KETHVATHU PARVATHI BAI Counsel for the Respondent: 1.GP FOR LAND ACQUISITION Court made the following: order: This Writ Petition is filed under Article 226 of the Constitution of India 1. seeking the following relief: “declaring the Notifications vide SO. No. 166E dated 10 01 2023 under Section 3A Gazette No. 2120 dated 17.05.2023 published vide SO.No.2213(E), dated 17.05.2023 under Section 3D Award No.94/2023 NH5 44G dated 22.09 2023 passed by the Secbncf Respondent GALA under the National Highways Act 1956 and the action of the Respondents in trying to dispossess the Petitioners from the commercial/industrial land total ad measuring Ac 1 68 Cents situated in Sy Nos 129/6 129/7A 129/7B 129/8 129/9A 129/9B 129/12 129/14 129/15 129/16 of Uppalapadu Village Podiii Mandal Praka.^m nw • of the provisions of the National Hinh^ /, ^'^trict m violation Highways Act 1956 and the Right to^kfcT^ Transparency in land An • ^ Compensation Resettlement Act 2013 es Rehabilitalion Articles 14 19 21 Z 3nnfT oonsenaently^Z dispossess the Petitioners^ Rnd n Respondents not to -iciening malntenlTZZmZZ7 R'dhway No. 544G in respect Of fhriA p t y of National other order or orders...’’ ^ 'f'oners and to pass such and and violative of 2- Heard the learned Government Pleader for the counsel for the petitioner and the learned respondents. 3. The learned the absolute counsel for the petitioners submits owners and that the petitioners admeasuring to are possessors of land an extent of 129/9A, 129/9B, Village, Podiii Mandal Ac. 1.68 cents in Sy. Nos. 129/6 129/12, 129/14, 129/15, Prakasam District and having No. 809 of 2018, dated 26. 129/7A, 129/7B, 129/8 and 129/16 of Uppalapadu acquired the same under 02.2018. Since then registered Sale Deed the petitioners have been carrying on the business of stood thus. granite export to other countries. While things 10.01.2023 acquisition of the respondent Nos. 4 and 5 under Section 3A of the National issued a notification dated Highways Act, 1956 for subject land. Pursuant to the dated 13.10.2023 Indicating that landholders, including the petitioners, the intimation by way of the not been deposited i said notification, the respondents issued a notice passed in favour of the said award and an award had been However, despite the notice dated 13.10.2023 In favour of the landholders, i the award amount has including the petitioners , on the guise of the 4th respondent has referred the matter for arbitration in OP. No. 1 of 2025 for reduction of the amount awarded by the 3rd respondent. The said arbitration is pending for adjudication. He further submits that without depositing the compensation as required under Section 3G of the National Highways Act, 1956 the respondents are not entitled to take over possession of the petitioners’ property. Hence, the present writ petition is filed. learned standing counsel appearing for On the other hand, the and 5 admits that the compensation amount has not been far. The reason stated is that the award passed by the 3rd been challenged through Arbitration O.P. No. 1 of 2025 before 4. respondent Nos. 4 deposited so respondent has the arbitrator/District Collector, and the same is pending for adjudication. The counsel clearly and categorically submits that unless the determined by the 3rd respondent is deposited, respondent interfere with the peaceful possession and enjoyment of learned standing award amount is Nos. 4 and 5 shall not the subject property of the petitioners. submissions made by both learned counsel it is Section 3G(5) of the National Highways Act, 1956 as 5. Having regard to the relevant to extract the follows;- section 3G of national “It is observed that as per highways act Section 36 (5) of The National Highways Act, 1956 provides for the determination of amount payable as whose land is acquired. If the compensation to the persons determined by the competent authority is not acceptable \ amount to either of the parties, the amount shall be determined by the arbitrator to be appointed by the Central Government amount determined by the arbitrator is in excess of the amount If the determined by the competent authority, the arbitrator may award excess amount from under section 3D till the date of the interest at nine per cent. per annum on such the dote of taking possession actual deposit thereof \ \ 6. Therefore, respondent Nos. 4 and 5 over possession of the subject land are not entitled to enter or take without depositing the passed by the 3rd compensation respondent. As such, the amount once the under Section 3G of the National amount, in view of the award respondents are duty-bound to deposit award is passed in favour of the petitioners Highways Act. the compensation 7. In view of the aforementioned not to interfere with the property unless and until the respondent is deposited i per the order to be respondent and is reasons, the respondents are directed enjoyment of the subject peaceful possession and eni award amount as determined by the 3'^'^ in accordance with the award dated 22.09.2023 or passed in O.P. No. 1 of 2025, as which is filed by the 4**^ c pending before the Tribunal. 8. With the above direction the writ petition is disposed of. Consequently, Miscellaneous petition shall stand closed. Petitions, if any, pending in the writ / Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary (Land Acquisition), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District Andhra Pradesh 2. The Competent Authority Land Acquisition (GALA), NH-544 G & Joint Collector, Prakasam District, Ongole, Andhra Pradesh 3. The District Collector/Arbitrator, Prakasam District, Ongole, Andhra Pradesh 4. The National Highways Authority of India, Rep by its Chairman, G5 and 6, Sector-10, Dwarka, New Delhi - 110075 5. The National Highways Authority of India, Represented by its Project Director, NHAI, PIU, Ongole, Door No 7-896, 1st and 2nd Floors, Sowmya Residency, RTC Colony, Ongole 6. The Secretary, Ministry of Shipping Road Transport & Highways Transport, Union of India, Bhawan, 1, Parliament Street, New Delhi 7. The Revenue Divisional Officer, Kanigiri Division, Kanigiri, Prakasam District, Andhra Pradesh 8. The Tahsildar, Podili Mandal, Prakasam District, Andhra Pradesh. 9. The Village Revenue Officer, Uppalapadu Village, Podili MandaH Prakasam District, Andhra Pradesh. One CC to M/s. Kethvathu Parvathi Bai, Advocate [OPUC] 11. One CC to Sri S.S.Varma, SC for NHAI[OPUC] 12. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of A.P.[OPUC] 13. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] 14. Three CD Copies. ssb HIGH COURT DATED:30/04/2025 ORDER WP.No.951 Oof 2025 s 2 S MAY 2025 DISPOSING OF THE W.P. WITHOUT COSTS