IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3167 OF 2022 Between: Palanti Yashodha, W/o.P.Chiranjieevi, Hindhu, Aged about 47 Occ:House wife, R/o. H.No. 3-59, Isukagunta Village, Kapunnurru post, Srikalahasti Mandal, Chittoor Distrcit, Andhra Pradesh. years. ...PETITIONER AND 1. The Union of India, Rep. by its Chief Secretary, Ministry of Road Transport and National Highways, New Delhi-110001. 2. The Natinal Highway's Authority of India, Rep. by its project Director, Vijayawada, Andhra Pradesh! 3. The State of Andhra Pradesh, Rep, by its principal Seceretary, Revenue department, A.P.Secereiate, Velagapudi, Amaravathi, Guntur District, Andhra pradesh. 4. The District Collector, Chittoor District at Chittoor. 5. The Joint Collector, Competent Authroity Cum Land Acquistion for Natinal Highways Authority of India, Chittoor District at Chittoor, Andhra Pradesh. 6. The Revenue Divisional Officer (RDO and CALA), Tirupati Revenue Division, Tirupati, Chittoor District, Andhra Pradesh. (R6 is impleaded as per Court Order dt: 09/03/2023 vide Order passed in I.A 02/2022.) ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High f* Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondents No. 4 and 5 in acquiring the petitioner property to an extent of 40.47 sq. metres situated in Sy. No. 119/11 of Kappugunniru Village, Srikalahasti Mandal, Chittoor District and without paying compensation and without following the procedure contemplated under the Right to Fair Compensation Land in Transparency Rehabilitation and Resettlement Act, 2013 and National Highways Act, 1956 is illegal, arbitrary and violation of the Rights guaranteed by the Constitution of India and consequently direct the Respondents No. 4 and 5 to follow the procedure contemplated under the Right to Fair Compensation Land in Transparency Rehabilitation and Resettlement Act, 2013 and National Highways Act, 1956 for the petitioner's property in Sy. No. 119/11 Kappugunniru Village, Srikalahasti Mandal, Chittoor District. lA NO: 1 OF 2022 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim orders not to interfere in Petitiner's possession and enjoyment of the subject property house vide Sy.No. 119/11 of Kappugunniru Village, Srikalahasti Mandal, Chittoor district pending disposal of the above writ petition. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the additional documents as material papers which are filing allowing with this petition in W.P. No. 3167 of 2022. - lA NO: 2 OF 2024 ^ Between: The Joint Collector, Competent Authroity Cum Land Acquistion for Natinal Highways Authority of India, Chittoor District at Chittoor, Andhra Pradesh. ...PETITIONER/RESPONDENT r AND 1. Palanti Yashodha, W/o.P.Chiranjieevi, Hindhu, Aged about 47 years, OcciHouse wife, R/o. H.No. 3-59, Isukagunta Village, Kapunnurru post, Srikalahasti Mandal, Chittoor Dlstrcit, Andhra Pradesh. 2. The Union of India, Rep. by its Chief Secretary, Ministry of Road Transport and National Highways, New Delhi-110001. 3. The Natinal Highway's Authority of India, Rep. by its project Director, Vijayawada, Andhra Pradesh. 4. The State of Andhra Pradesh, Rep, by its principal Seceretary, Revenue department, A.P.Secereiate, Velagapudi, Amaravathi, Guntur District, Andhra pradesh. 5. The District Collector, Chittoor District at Chittoor. 6. The Revenue Divisional Officer (RDO and CALA), Tirupati Revenue Division, Tirupati, Chittoor District, Andhra Pradesh. (R6 is impleaded as per Court Order dt: 09/03/2023 vide Order passed in I.A 02/2022.) (R2 to R6 are not necessary parties In this petition) ...RESPONDENTS/RESPONDENTS -Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated.04.10.2024 passed in I.A No.1 of 2022 in WP No.3167 of 2022 pending disposal of the writ petition. Counsel for the Petitioner :SRI. Counsel for the Petitioner :SRI. CH VENKAT RAMAN Counsel for the Respondent No.1; SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: SRI S S VARMA, SC FOR NHAI Counsel for the Respondent No’s. 3, 4 & 6: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR LAND ACQUISITION The Court made the following ORDER: ‘RCJ .W(P.?io.3167of2022 1 APHC010036012022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3167/2022 Between: Palanti Yashodha, ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner; 1.CH VENKAT RAMAN Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR REVENUE 3. DEPUTY SOLICITOR GENERAL OF INDIA 4.S S VARMA (SC FOR NHAI) The Court made the following: ORDER The grievance of the petitioner is that the respondent nos.4 & 5 without paying compensation have acquired the land of the petitioner in an extent of ‘R£.3 .W(P.9io.3167of2022 2 40.47 sq.mts. situated in Survey No.119/11 of Kappugunniru village, Sruikalahasti Mandal, Chittoor District, without paying compensation and without following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'Act,2013') and National Highways Act,1956 (for short, 'Act, 1956). 2. Heard Sri C.Leela Srinivasa Varma, learned counsel, for learned counsel for the petitioner; Sri Anand Kumar, learned counsel, for Sri S.S.Varma, learned Standing Counsel for National Highway Authority of India and Sri Kata Sambasiva Rao, learned Assistant Government Pleader for Land Acquisition. 3. Sri C.Leela Srinivasa Varma, learned counsel, while reiterating the contents of the writ affidavit, would contend that the petitioner purchased the subject land under registered document and the respondent authorities, for laying national highway started road widening work, without paying any compensation and without following the procedure contemplated under law. which they are not entitled to. The learned counsel would further contend that in the counter, the authorities have admitted the possession and enjoyment of the petitioner over the subject property and in the award it was .W(p.yio.3167of2022 £ 3 stated that as the petitioner did not produce any document for claiming compensation during award enquiry, the authorities did not pay any compensation to the petitioner. The learned counsel for the petitioner would further contend that, in fact, the petitioner has all .the relevant documents in support of his claim, but the authorities without taking them into consideration denied payment of compensation. The petitioner is ready and willing to produce the documents before the concerned authority and hence the petitioner may be given liberty to produce the documents and the » concerned authority may be directed to consider those documents and pay compensation to the petitioner. Accordingly, prayed to allow the writ petition. 4. On the other hand, the learned Assistant Government Pleader for Land Acquisition contended that, in case the petitioner produces documents, the authorities would consider those documents and pass appropriate orders. Accordingly, prayed to dispose of the writ petition. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. The contents of the counter filed by respondent no.5 would indicate that 3G enquiry was done for Kapugunneri village of Srikalahasthi Mandal for the land acquisition for NH 7 i.e. for formation of six (06) lane from Renigunta ^,3 .W(P.3^o.3167of2022 S 4 to Poyya Section and the petitioner had attended for award enquiry on 24.08.2018, however, since he failed to produce documents during award enquiry, the petitioner was included in annexure-II at serial No.65 in the award passed on 30.10.2018. 7. According to the petitioner, he possess all the necessary documents to support his claim regarding his right, title and possession over the subject property and he is ready and willing to produce those documents before the Competent Authority, whereas the learned Assistant Government Pleader for Land Acquisition submitted that the authorities would consider the documents if any produced by the petitioner. Further, the learned counsel representing the learned Standing Counsel for National Highway Authority of India reported no objection for such course of action. 8. In view of the above, there is no purpose in keeping this writ petition pending and this writ petition can be disposed of. 9. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to produce all the documents that are necessary for claiming compensation before respondent no.6 within a period of two (02) weeks from the date of receipt of copy of this order and upon such submission, the respondent no.6-The Revenue Divisional Officer- Competent Authority for M.^(p.^o.3167of2022 5 Land Acquisition for National Highways Authority of India, Tirupathi, shall consider those documents in accordance with law and pass orders, within a period of three (03) months thereafter. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- B CHITTI JOSEPH assistant registrar ^SECTION OFFICER //TRUE COPY// To, 1. The Chief Secretary, Ministry of Road Transport , Union of India, And National Highways, New Delhi-110001. 2. The Project Director, Natinal Highway's Authority of India, Vijayawada, Andhra Pradesh. 3. The Principal Seceretary, Revenue department. State of Andhra Pradesh, A.P.Secereiate, Velagapudi, Amaravathi, Guntur District, Andhra pradesh. 4. The District Collector, Chittoor District at Chittoor. 5. The Joint Collector, Competent Authroity Cum Land Acquistion for Natinal Highways Authority of India, Chittoor District at Chittoor, Andhra Pradesh. 6. The Revenue Divisional Officer (RDO and GALA), Tirupati Revenue Division, Tirupati, Chittoor District, Andhra Pradesh. 7. One CC to SRI. CH VENKAT RAMAN Advocate [OPUC] 8. One CC to SRI S S VARMA, SC FOR NHAI [OPUC] 9. One CC to SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA [OPUC] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. 10. [OUT] 11. Two CCs to GP FOR LAND ACQUISITION, High Court Of Andhra Pradesh. [OUT] 12. Three CD Copies PRK HIGH COURT DATED: 17/02/2025 ORDER WP.No.3167 of 2022 O * 15 MAR 20?5 . Current Secllor ^ '"’rs !--■ c. rr DISPOSING OF THE W.P. WITHOUT COSTS