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2025 DAILYLAW 53199 (AP)

POTTURU LAKSHMI DEVAMMA v. THE NATIONAL HIGHWAT AUTHORITY OF INDIA

WP/14957/2022 · 2025-12-18

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010240362022 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: 14957/2022 Between: 1. POTTURU LAKSHMI DEVAMMA, POTTURU LAKSMI DEVAMMA, C/O. POTTURI RAJASEKHAR NAYUDU AGED 81 YEARS, AGRICULTURE, R/O. 13-907, SANJEEVA NAGAR, TADIPATRI TOWN, ANANTHAPUR DISTRICT. 2. POTTURU VENKATA LAKSHUMMA, W/O. POTTURU VENKATA NAIDU AGED 68 YEARS, AGRICULTURE, R/ O. 3-25, KOTTALAPALLE, PEDDAPAPPURU, ANANTHAPUR DISTRICT 3. POTTURU JAYALAKSMI, W/O. POTTURU SRINIVASULU, AGED 43 YEARS, AGRICULTURE, R/O. 3-25 P. KOTTALAPALLE, PEDDAPAPPURU, ANANTHAPUR DISTRICT 4. RAVI SARASWATHI, W/O. RAVI RAMA KRISHNA, AGED ABOUT 45 YEARS, AGRICULTURE, R/O. 15/1325-2, SANJEEV NAGAR, TADIPATRI TOWN, ANANTHAPUR DISTRICT ...PETITIONER(S) AND 1. THE NATIONAL HIGHWAT AUTHORITY OF INDIA, , REP. BY ITS CHAIRMAN, G 5 866, SECTOR-10, DWARAKA, NEW DELHI 2. THE DISTRICT COLLECTOR, ANANTHAPUR DISTRICT, ANANTHAPUR 3. THE JOINT COLLECTOR, CALA(NH ACT, 1956) ANANTHAPUR DISTRICT, ANANTHAPUR 4. THE REVENUE DIVISIONAL OFFICER, ANANTHAPUR, ANANTHAPUR DISTRICT 2 ...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 toFor the reasons stated in the accompanying affidavit, It is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature Writ o Mandamus, declaring the impugned paper award vide Award No. 27 of 2019, Tadipatri Village of Tadipatri Mandal, Ananthapur District, dated 10.6.2019 passed by the 3rdrespondent without depositing the compensation contrary to section 3 A to 3H of National High ways Act, 1956, as illegal, arbitrary, contrary to Articles 14,19,21 and 300-A of The Constitution of India and consequently set aside the aforesaid impugned award, dated 10.06.2019 in so far as petitioners are concerned and pass such other order or orders as are deemed fit and proper 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 For the reasons stated in support of the writ petition affidavit, It is further prayed that pending disposal of the above writ petition this Hon'ble Court may be pleased to grant stay of dispossession of the petitioners from their lands more fully described in Ex.P1 and pass such order or other orders as this Hon'ble Court may deem fit and proper . the interest of justice. IA NO: 2 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 permit the petitioner to implead the proposed 5th respondent in W.P No. 14957/2022 and as well as in I.A No. 1/20212 as party respondent and pass such other Counsel for the Petitioner(S): 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR REVENUE 3. S S VARMA (SC FOR NHAI) 3 The Court made the following ORDER: Heard the learned counsel for the petitioners, the learned Standing Counsel appearing for the respondent Nos.1 and 5 and the learned Assistant Government Pleader for the respondent Nos.2 to 4. 2. All the learned counsels submit that this matter is squarely covered by the Orders of this Court in W.A.Nos.744 of 2023 and batch, dated 30.08.2024, as confirmed by the Orders of the Hon’ble Apex Court in Special Leave Petition (Civil) Diary No.59011/2024, dated 20.01.2025. The copies of both the Orders shall be made as part of the Court record. 3. All the learned counsels’ submit that this matter is squarely covered by the above said Orders passed by the Division Bench of this Court and as well as the Hon’ble Supreme Court of India, since the petitioners are also covered by the Award dated 10.06.2019, which is one of the subject Awards in the above said cases. 4. Accordingly, the Writ Petition is disposed of by setting aside the Award dated 10.06.2019 to the extent of quantum of compensation awarded in the Award with a further direction to the competent authority i.e., the Joint Collector to recalculate the compensation payable to the petitioners herein by taking the market value of the affected lands as on 01.01.2022. The entire exercise shall be completed within a period of three (03) months from the date of receipt of copy of this Order. There shall be no order as to costs. 4 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 09.12.2025 SCH 5 257 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.14957 of 2022 Date: 09.12.2025 SCH