APHC010127772022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7765/2022 Between: 1. DAMARLA VASANTHA RAO,, S/O. VENKATA SUBBARAO, AGED ABOUT 69 YEARS, R/O. D. NO. 26-36-202, 1ST LANE, ANKAMMA NAGAR, NEAR S.P. BUNGALOW, GUNTUR CITY AND DISTRICT, A.P. 2. CHINTADA BUSANNA,, S/O. THAVITI NAIDU, AGED ABOUT 42 YEARS, R/O. H. NO. 24-24, 6TH LANE, SIVAPARVATHI NAGAR, YANAMALAKUDURU, VIJAYAWADA, KRISHNA DISTRICT, A.P. 3. SHAIK SUBHANI SAHEB,, S/O. LATE MADHAR SAHEB, AGED ABOUT 79 YEARS, R/O. D. NO. 11-210/7, MASJEED STREET, NEAR WATER TANK, YERRABALEM VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT, A.P. 4. SANIKOMMU NARAYANAMMA,, W/O. RAMACHANDRAIAH, AGED ABOUT 62 YEARS, R/O. D. NO. D-7-49, LINGAMGUNTLA COLONY, NARASARAOPETA, GUNTUR DISTRICT, A.P. 5. MADHIRA SATYANARAYANA REDDY,, S/O. RANGA REDDY, AGED ABOUT 62 YEARS, R/O. D. NO. 12-15-11/2, GANGAMMA TEMPLE STREET, PRAKASH NAGAR, NARASARAOPETA, GUNTUR DISTRICT, A.P. 6. MALLAVARAPU ANANDARAO,, S/O. DEVASAHAYAM, AGED ABOUT 48 YEARS, R/O. D. NO. 5-147, NIDAMARRU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT, A.P. 2 7. MANCHIKALAPUDI SIRI BABU,, S/O. SUBBARAO, AGED ABOUT 52 YEARS, R/O. D. NO. 5-63, WARD NO. 11, RAVI CHETTU CENTER, NIDAMARRU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT, A.P. 8. SAMBHANA KAMALAKAR,, S/O. RAMBABU, AGED ABOUT 54 YEARS, R/O. D. NO. 44-14/1-59, REVENUE WARD NO. 1, GUNADALA, VIJAYAWADA URBAN, KRISHNA DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE GOVERNMENT OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, REP. BY ITS SECRETARY, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI, INDIA. 3. NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY THE CHAIRMAN, G - 5 AND 6, SECTOR-10, DWARKA, NEW DELHI, INDIA. 4. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 5. NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-AMARAVATHI, REP. BY THE PROJECT DIRECTOR, D. NO. 136/A, 106 AND 107, 1ST FLOOR, VASANTHA RESIDENCY, SRI LAKSHMI NARASIMHA COLONY, MANGALAGIRI, GUNTUR DISTRICT. 6. THE REVENUE DIVISIONAL OFFICERCUM COMPETENT AUTHORITY LAND ACQUISITION, GUNTUR REVENUE DIVISION, 4/14 LANE, BRODIPETA, GUNTUR CITY, GUNTUR DISTRICT. 7. THE TAHSILDAR, MANGALAGIRI MANDAL, GUNTUR DISTRICT. ...RESPONDENT(S): 3 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 any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in not paying due compensation to the Petitioners for the acquisition of their private lands for the purpose of Widening/Extending 4 lane to 6 lane from Vijayawada to Gundugolanu Section on NH-5 from KM 0.040 to KM 16.000 (Vijayawada Bypass Section) in the District of Guntur, in the State of Andhra Pradesh being situated in Survey Nos. 29/1, 29/1B, 39 and 51/A with an extent of 1,122.572 Sq. Mtrs. at Chinnakakani Village, Mangalagiri Mandal, Guntur District as highly illegal, improper, unjust, arbitrary, against the principles of natural justice and against The National Highways Act, 1956 and in violation of Article 14, 21 and 300-A of the Constitution of India and order the Respondents to pay 3 times of the open market value to the Petitioners for their extent of entitlements as mandated in The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 and thereafter pass IA 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 pleased to pass an interim order directing the Respondent authorities for Stay of the formation of road in the extent of the private lands of the Petitioners with an extent of 1,122.572 Sq. Mtrs. situated in Survey Nos. Mtrs. situated in Survey Nos. 29/1, 29/1B, 39 and 51/A at Chinnakakani Village, Mangalagiri Mandal, Guntur District pending disposal of the writ petition and pass IA NO: 1 OF 2023 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 maybe pleased to receive the reply counter on record by allowing the leave petition in the above writ petition and 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 4 be pleased pleased to receive the reply counter on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner(S): 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. S S VARMA (SC FOR NHAI) 5 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Standing Counsel for the respondent Nos.3 & 5 and the learned Assistant Government Pleader for the other respondents. 2. This writ petition was filed questioning the action of the respondent authorities in not paying due compensation to the petitioners for the acquisition of their private lands for the purpose of widening/ extending 4 lane to 6 lane from Vijayawada to Gundugolanu Section on NH-5 from KM 0.040 to KM 16.000 (Vijayawada Bypass Section) in the District of Guntur, in the State of Andhra Pradesh being situated in Sy.Nos.29/1, 29/1B, 39 and 51/A with an extent of 1,122.572 Sq. Mtrs., at Chinnakakani Village, Mangalagiri Mandal, Guntur District. 3. The learned counsel for the petitioners submits that the subject land in an extent of 1,122.572 Sq. Mtrs., in Sy.No.29/1, 29/1B, 39 and 51/A situated at Chinnakakani Village, Mangalagiri Mandal, Guntur District was acquired for the purpose of widening/ extending 4 lane to 6 lane from Vijayawada to Gundugolanu section on NH-5 from KM 0.040 to KM 16.000 (Vijayawada bypass section). The notification was of the year 25.11.2011 and award was passed on 12.08.2013. The petitioners were not served with any notices. The works were commenced and the project was completed in the year 2022. However, he further submits 6 that the petitioners are the purchasers of the subject lands in different extents in the years 2017, 2018 & 2019. 4. On the other hand, the learned Standing Counsel appearing for the respondent Nos.3 & 5 submits that, pursuant to the passing of the award dated 12.08.2013, the compensation amount was deposited to the credit of the respondent authorities concerned and if the real owners of the subject land approached the authorities concerned, the same will be disbursed by following the due procedure. 5. The learned Assistant Government Pleader appearing for the other respondents submits that, the petitioners can approach the 6th respondent seeking release of the compensation amount and if so, the same will be considered by following the due procedure. 6. In view of the above said facts and circumstances, the petitioners as they are claiming as subsequent purchasers of the subject lands, are permitted to make representation to the 6th respondent by enclosing all the necessary documents in support of their claim within a period of four (4) weeks from today. On receipt of such representation if any from the petitioners, the same shall be considered and disposed of by the 6th respondent strictly in accordance with law by hearing all the parties concerned including the petitioners and the other real owners if any, upon verification of the records and the subject lands, appropriate decision shall be taken on its own merits with regard to the 7 disbursement of the awarded compensation amount to the eligible persons as expeditiously as possible, preferably within a period of four (4) months thereafter. 7. Accordingly, the 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, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 15.10.2025 NNN