APHC010155242020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 9595/2020 Between: 1. CH VENKATA RAJESWARA RAO, S/O. BASAVAIAH, HINDU, AGED 75 YEARS, R/O D.NO. 20-49-1, NARASIMHA NAGAR, MACHILIPATNAM, KRISHNA DISTRICT. 2. CH.SRI HARI, S/O. VENKATA RAJESWARA RAO, AGE 52, R/O D.NO. 20-49-1, NARASIMHA NAGAR, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP, BY ITS SECRETARY TO GOVT. OF INDIA, DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, SECTOR-10, DWARAKA, NEW DELHI - 110 075. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KRISHNA DISTRICT, A.P. 3. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENT UNIT 21, TEACHERS COLONY, GURUNANAK ROAD, UP STAIR OF STATE BANK OF INDIA, VIJAYAWADA, KRISHNA DISTRICT, A.P. 4. THE COMPETENT AUTHORITY/LAND ACQUISITION OFFICER CUM REVENUE DIVISIONAL OFFICER, , COLLECTORATE, MACHILIPATNAM, KRISHNA DISTRICT, A.P. 2 HBKM,J W.P.No.9595 of 2020 5. THE TAHSILDAR, BANTUMILLI MANDAL REVENUE OFFICE, BANTUMILLI MANDAL, KRISHNA DISTRICT. 6. M GANGA DEVI, ARTHAMURU (V), BANTUMILLI MANDAL, KRISHNA DISTRICT. ...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 topleased to issue a Writ, Order or direction one in the nature of Writ of Mandamus declaring the action, things and deeds of the Respondents in not paying the compensation for the lands acquired from Petitioners in an extents of 1254.57 Sq. Mtrs., in R.S.No. 579/1, 405.00 Sq. Mtrs., in R.S.No. 570/1A2, 202.00 Sq. Mtrs., in R.S.No. 591, 161.88 in R.S.No. 578/4 A2, Sq. Mtrs., 364.23 in R.S.No. 578/4B2 and an extent of 80.94 Sq. Mtrs., in R.S.No. 578/4C2 of Arthamuru Village, Bantumilli Mandal, Krishna District, further in paying compensation of an amount of Rs.4,78,763/- to 6th Respondent for the land of Petitioner, which is illegal, irregular and arbitrary, un constitutional, against to the provisions of National Highways Act, 1956 as well as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents to pay total compensation with all benefits to Petitioners for their lands in an extents of 1254.57 Sq. Mtrs., in R.S.No. 579/1, 405.00 Sq. Mtrs., in R.S.No. 570/1A2, 202.00 Sq. Mtrs., in R.S.No. 591, 161.88 in R.S.No. 578/4 A2, Sq. Mtrs., 364.23 in R.S.No. 578/4B2 and an extent of 80.94 Sq. Mtrs., in R.S.No. 578/4C2 of Arthamuru Village, Bantumilli Mandal, Krishna District and to pass IA NO: 1 OF 2020 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 pleased to direct the Respondents to stop the laying of National Highway No.216 through the Petitioners’ Lands in an extents of 1254.57 Sq. Mtrs., in R.S.No. 579/1, 405.00 Sq. Mtrs., in R.S.No. 570/1A2, 202.00 Sq. Mtrs., in R.S.No. 591, 161.88 in R.S.No. 578/4 A2, Sq. Mtrs., 364.23 in R.S.No. 578/4B2 and an extent of 80.94 Sq. Mtrs., in R.S.No. 578/4C2 of Arthamuru Village, Bantumilli Mandal, Krishna District pending disposal of the main Writ Petition and to pass IA NO: 2 OF 2020 3 HBKM,J W.P.No.9595 of 2020 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 pleased to direct the Respondents not to disburse the Compensation amount of Rs.11,60,639/- to 6th Respondent for the Petitioners’ Lands in an extents of 1254.57 Sq. Mtrs., in R.S.No. 579/1, 405.00 Sq. Mtrs., in R.S.No. 570/1A2, 202.00 Sq. Mtrs., in R.S.No. 591, 161.88 in R.S.No. 578/4 A2, Sq. Mtrs., 364.23 in R.S.No. 578/4B2 and an extent of 80.94 Sq. Mtrs., in R.S.No. 578/4C2 of Arthamuru Village, Bantumilli Mandal, Krishna District pending disposal of the main Writ Petition and to pass 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 pleased to grant leave by permit to file the Reply Affidavit by the Petitioners in W.P.No. 9595 of 2020 Counsel for the Petitioner(S): 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. S S VARMA (SC FOR NHAI)-12307/AP/0/0 2. GP FOR LAND ACQUISITION 3. G RAMANA RAO 4 HBKM,J W.P.No.9595 of 2020 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Standing Counsel for the respondent Nos.1 and 3, and the learned counsel appearing for the 6th respondent and the learned Assistant Government Pleader appearing for the respondent Nos.2, 4 & 5. 2. This writ petition was filed questioning the action of the respondents in not paying the compensation for the lands acquired from the petitioners in an extent of 1254.57 Sq.Mtrs., in R.S.No.579/1, 405.00 Sq.Mtrs., in R.S.No.570/1A2, 202.00 Sq.Mtrs., in R.S.No.591, 161.88 in R.S.No.578/4 A2, 364.23 Sq. Mtrs., in R.S.No.578/4B2 and an extent of 80.94 Sq.Mtrs., in R.S.No.578/4C2 of Arthamuru Village, Bantumilli Mandal, Krishna District, further in paying the compensation of an amount of Rs.4,78,763/- to the 6th respondent for the land of the petitioner. 3. The learned counsel for the petitioners submits that the compensation was paid erroneously to the 6th respondent for a sum of Rs.4,78,763/- for the part of the subject land in an extent of Ac.0.44 cents in Sy.No.578/4 and Ac.0.44 cents in Sy.No.579/1 of Arthamuru Village, Bantumilli Mandal,Krishna District. In fact, the petitioners are entitled for compensation in the said extents along with the other subject extents. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the respondent Nos.2 and 4 submits that the 5 HBKM,J W.P.No.9595 of 2020 compensation awarded to the lands acquired for the extents claimed by the writ petitioners are shown hereunder and the compensation amount released/kept in the Joint Account of the Competent Authority Land Acquisition and Joint Collector, Krishna/Project Director, NH-216 being maintained in Andhra Bank, Zilla Parishad Branch, Machilipatnam, pending finalization of the title over the remaining acquired lands from the land owners are also shown hereunder:- Sl.No. Name of the Village R.S.Nos. Extent acquired in Sq.Mtrs. Award No. and date Compensation awarded as per award 1 Arthamuru Village 571/1 1254.57 R.S.No.wrongly noted Not covered in the acquisition 2 578/4A2 161.88 25, dt.16.08.2016 100564 3 578/4B2 364.23 25, dt.16.08.2016 209590 4 578/4C2 80.94 25, dt.16.08.2016 46068 5 570/1A2 405.00 75, dt.21.06.2019 225500 6 591 202.00 75, dt.16.08.2016 112472 Total 2468.62 5. Since the petitioners failed to show the land on the ground and as they are not in possession and enjoyment of the same, the then Tahsildar, Bantumilli, has not accepted the subsequent claim petitions filed by the writ petitioners in respect of the land acquired in the survey numbers, which are shown as under and not recommended to release any compensation in respect of the writ petitioners for the subject extents. 6 HBKM,J W.P.No.9595 of 2020 Sl.No. R.S.No. Total Extent Ac.cts Petitioners claimed extent Remarks 1 578/4 2.78 0.44 An extent of Ac.0.15 cents in R.S.Nos.578/4A2(161.88 sq.mtr), 4B2 (364.23 sq.mtr), 4C2 (80.94 sq.mtr) only notified and the title was decided in favour of Smt. Makala Ganga Devi W/o Anjaneyulu and land compensation was released to Smt. Makala Ganga Devi to the notified extent. Hence, remaining notified extent for payment of compensation for the said survey no. is nil. 2 579/1 1.04 0.44 The said land Ac.0.31 cents/1254.57 sq.mtr was notified and there is a dispute between the Writ Petitioners and enjoyers on ground, hence compensation amount awarded for acquired land Ac.0.31 cts in R.S.No.579/1 not yet released so far to any land owner. 6. The 3A Notification under NH Act, 1956 was issued on 20.08.2015 and it was published in 2 local newspapers and 3D Notification was also published on 02.03.2016 and award enquiry was conducted in the month of June-2016 by the Competent Authority for Land Acquisition for NH-216 and the Joint Collector, Krishna in the office of the Tahsildar, Bantumilli, but the petitioners neither attended for award enquiry nor filed any of their 3G claims for release of compensation in favour of them. Whereas, the 6th respondent attended the award enquiry conducted by the Competent Authority for Land Acquisition for NH-216 & the Joint Collector, Krishna and also filed her 3G claims in respect of the lands noted in R.S.No.578/4A2, 4B2, 4C2, 579/1B for release of the 7 HBKM,J W.P.No.9595 of 2020 compensation to her acquired lands. The then Tahsildar, Bantumilli has conducted detailed enquiry and verified the documents of the 6th respondent and recommended to release the compensation awarded for the lands acquired in R.S.No.578/4A2, 4B2, 4C2 and not recommended for release of the compensation amount awarded for the land acquired in R.S.No.579/1B for an extent of 1254.57 Sq.Mtrs., since she is not having any land in R.S.No.579/1B as per the document No.1900/2011, dated 15.09.2011 filed by the land owner. 7. The 1st petitioner filed his claims before the higher authorities after release of the compensation amount in respect of the land acquired from the 6th respondent in R.S.No.578/4A2, 4B2, 4C2 and also filed a petition before the District Legal Service Authority, “Nyaya Seva Sadan”, Krishna, Machilipatnam stating that his land in R.S.No.579/1B, Ac.0.44 cents out of Ac.1.04 cents and Ac.0.44 cents in R.S.No.578/4 out of Ac.2.78 cents and out of the above extents an extent of Ac.0.31 cents was acquired for widening NH-216, but no compensation was awarded to him and requested to direct the Authorities concerned to pay the compensation awarded to his acquired lands. The then Tahsildar, Bantumilli submitted his report to the District Legal Services Authority, “Navya Seva Sadan” Krishna, Machilipatnam in Rc.A.No.764/2017 dated 13.12.2017 duly informing that the petitioner is not in possession and enjoyment of the lands, claimed compensation by him and he 8 HBKM,J W.P.No.9595 of 2020 never filed his grievance before the authorities concerned while the land acquisition is in process as per the NH Act, 1956. 8. The learned counsel appearing for the 6th respondent also submits that only to the extent of eligibility of the 6th respondent for the acquisition of her share of the land, the compensation was paid. 9. The learned Standing Counsel appearing for the respondent Nos.1 and 3 submits that the petitioner can approach the 4th respondent seeking compensation, if any, for the acquired land proving his title and possession of the same. 10. In view of the above said facts and circumstances and upon consideration of the rival submissions made, the petitioners are permitted to approach the 4th respondent by way of representation, by enclosing all the necessary documents in support of their claim within a period of four (04) weeks from the date of receipt of this order. On receipt of the same, the 4th respondent is directed to consider and dispose of the said representation of the petitioners, if any, strictly in accordance with law by hearing all the parties concerned, including the petitioners, the 6th respondent and the others concerned, upon verification of the records and the subject lands, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably within a period of three (03) months thereafter. 9 HBKM,J W.P.No.9595 of 2020 11. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 09.12.2025 PGT