IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI *** WRIT APPEAL NO: 821/2025 Between: # The National Highways Authority of India (NHAI), at G-5 and 6, Sector 10, Dwaraka, New Delhi – 10075 Rep. by its Chiarman through its Project Director, PIU – Rajamahendravaram, at Sy.No.560/3, Adjacent to Toyota Showroom, NH-216A, Diwancheruvu, Rajamahendravaram, Andhra Pradesh – 522102. … Appellant Versus $ Pasupuleti Satya Seetha Ram, S/o Musalayya, Aged 72 years, R/o. H.No.3-31, Surya Nagar, Pydiparru Tanuku Mandal, West Godavari District and 10 others. … Respondents DATE OF JUDGMENT PRONOUNCED : 08.12.2025 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR 1. Whether Reporters of Local Newspapers may be allowed to see the order? : Yes/No 2. Whether the copy of order may be marked to Law Reporters/Journals? : Yes/No 3. Whether His Lordship wish to see the fair copy of the order? : Yes/No 2 * THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO * THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR + WRIT APPEAL NO: 821/2025 DATE: 08.12.2025 #The National Highways Authority of India (NHAI), at G-5 and 6, Sector 10, Dwaraka, New Delhi – 10075 Rep. by its Chiarman through its Project Director, PIU – Rajamahendravaram, at Sy.No.560/3, Adjacent to Toyota Showroom, NH-216A, Diwancheruvu, Rajamahendravaram, Andhra Pradesh – 522102. … Appellant Versus $Pasupuleti Satya Seetha Ram, S/o Musalayya, Aged 72 years, R/o. H.No.3-31, Surya Nagar, Pydiparru Tanuku Mandal, West Godavari District and 10 others. … Respondents ! Counsel for Petitioner : Chaudhary and Chaudhary Advocates & Solicitors Law Firm ^ Counsel for Respondents : GP for Land Acquisition Asst Solicitor General of India P.Durga Prasad < Gist: > Head Note: ? Cases referred: 3 APHC010353812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 821/2025 Writ Appeal under clause 15 of the Letters Patent aggrieved by and challenging the Final Order Judgement dated 26.03.2025 passed in the Writ Petition WP No. 25901 of 2023 (Pasupuleti Satya Seetha Ram and Others - vs Union of India and Others), passed by the Ld. Single Judge of this Honble High Court of Andhra Pradesh at Amaravati, the above named Appellant NHAI begs to prefer the present memorandum of Writ Appeal for the following grounds among other Between: 1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA(NHAI), AT G - 5 AND 6, SECTOR 10, DWARAKA, NEW DELHI - 10075 REP. BY ITS CHAIRMAN THROUGH ITS PROJECT DIRECTOR, PIU - RAJAMAHENDRAVARAM, AT SY. NO. 560/3, ADJACENT TO TOYOTA SHOWROOM, NH-216A, DIWANCHERUVU, RAJAMAHENDRAVARAM, ANDHRA PRADESH - 533102 ...APPELLANT AND 1. PASUPULETI SATYA SEETHA RAM, S/O MUSALAYYA, AGED 72 YEARS, R/O.H. NO. 3-31, SURYA NAGAR, PYDIPARRU TANUKU MANDAL, WEST GODAVARI DISTRICT. 2. DUDE PURUSHOTHAMA RAO, S/O KONDALA RAO, AGED 52 YEARS, R/OH. NO. 3-34/1, SURYA NAGAR, PYDIPARRU TANUKU MANDAL, WEST GODAVARI DISTRICT. 3. SRIPATHI VENKATESWARA RAO, S/O SRIPATHI VEERRAJU, AGED 62 YEARS, R/O H. NO. 8-209, MAIN ROAD, TETALI, 4 TANUKU MANDAL, WEST GODAVARI DISTRICT. 4. TANNEDI CHANDRA SEKHAR, S/O.RAMA KRISHNA, AGED 35 YEARS, R/O.H. NO. 9-84/3, PODURU VILLAGE, PODURU MANDAL, WEST GODAVARI DISTRICT. 5. GANTA ANJI, W/OVENKATA RAO, AGED 32 YEARS, R/OH. NO. 3- 83, POST OFFICE STREET, TETALI VILLAGE TANUKU MANDAL, WEST GODAVARI DISTRICT. 6. SATYANARAYANA REDDY SATTI, S/OUDAYA BHASKAR REDDY, AGED 46 YEARS, R/O. H. NO. 5-7-18, NANDINA VARI STREET, OLD TOWN TANUKU, WEST GODAVARI DISTRICT. 7. KOVVURI ANANTHA LAKSHMI, W/OHARISHCHANDRA PRASAD REDDY, AGED 62 YEARS R/O H. NO. 5-6-3(A), LANKA VARI STREET, OLD TOWN, TANUKU, WEST GODAVARI DISTRICT. (D 3 8. GANDHAM RAMA KRISHNA, S/O.SRIRAMULU, AGED 67 YEARS, R/OH. NO. 5-8, BESIDES RICEMILL STREET, TETALI VILLAGE TANUKU MANDAL, WEST GODAVARI DISTRICT. /WRIT PETITIONERS IN WP NO. 25901 OF 2023 9. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ROADS, TRANSPORT AND NATIONAL HIGHWAYS, PARIVAHAN BHAVAN, PARLIAMENT STREET, NEW DELHI - 110001. 10. THE JOINT COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAYS, BHIMAVARAM, WEST GODAVARI DISTRICT. 11. THE REVENUE DIVISIONAL OFFICER AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAYS, KOVVURU, WEST GODAVARI DISTRICT ...RESPONDENT(S): IA 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 It is, in regards to the Affidavit on behalf of Petitioner /Appellant / National Highways Authority of India (NHAI); on the basis of the facts, circumstances, legal position, matter of record and the principles of law, most respectfully and humbly prayed by the Petitioner / Appellant / National Highways Authority of India (NHAI) that this Hon’ble Court would graciously be pleased to 5 dispense with the Filing of the Certified Copy of the Final Order/ Judgement dated 26.03.2025 passed in the Writ Petition - WP No. 25901 of 2023 before the Hon’ble High Court of Andhra Pradesh and/or, to pass a IA NO: 2 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 It is, in regards to the Affidavit on behalf of Petitioner /Appellant / National Highways Authority of India (NHAI); on the basis of the facts, circumstances, legal position, matter of record and the principles of law, most respectfully and humbly prayed by the Petitioner / Appellant / National Highways Authority of India (NHAI) that this Hon’ble Court would days in filing this present WA No.graciously be pleased to to condone the delay of 77 days of 2025 before the Hon’ble High Court of Andhra Pradesh; and/or, to pass IA NO: 3 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 t is, in regards to the Affidavit on behalf of Petitioner /Appellant / National Highways Authority of India (NHAI); on the basis of the facts, circumstances, legal position, matter of record and the principles of law, most respectfully and humbly prayed by the Petitioner / Appellant / National Highways Authority of India (NHA!) that this Hon’ble Court would graciously be pleased to allow the present Petition and to permit the NHAI and the Revenue Authorities to proceed with the further action as per the Second Section 3G(3) Public Notice dated 13.06.2023 and the CALA’s Award No. 01/2023/NH-216A dated 11.08.2023; and/or, to pass a IA NO: 4 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 allow the present Petition and to permit the NHAI and the Revenue Authorities to proceed with the further action as per the Second Section 3G(3) Public Notice dated 13.06.2023 and the CALAs Award No. 01/2023/NH-216A dated 11.08.2023; and/or, to pass 6 Counsel for the Appellant: 1. CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. (ASST SOLICITOR GENERAL OF INDIA) 3. P DURGA PRASAD 7 The Court made the following judgment: (Per Hon’ble Sri Justice R Raghunandan Rao) A Notification, under Section 3A of the National Highways Act, 1956 (for short “the NH Act”), for acquisition of land belonging to the respondents herein, for the purpose of construction of a flyover on National Highway No.16/216A, in Tetali Village, Tanuku Mandal, West Godavari District was issued on 21.05.2018. The total extent of land that was proposed to be acquired, from the respondents was set out in the said notification. Thereafter, a notification was issued under Section 3D of the NH Act, on 26.08.2018 confirming that the extent of land mentioned in the 3A notification, dated 21.05.2018 was acquired. 2. At that stage, the appellant, which is the National Highway authority, took a decision to reduce ROW (Right of way) of 60 meters which was originally proposed to a ROW of 40 meters. On this basis, the appellant issued a notification under 3G(3) of the NH Act, on 13.06.2023 for reducing the extent of land that is sought to be acquired. Aggrieved by the said notification, dated 13.06.2023, the respondents approached this Court, by way W.P.No.25901 of 2023. During the pendency of this writ petition, an Award, dated 11.08.2023 had also been passed in relation to the acquisition of land set out in the notification under Section 3G(3), dated 13.06.2023. 3. It was represented before the learned Single Judge when the matter came up for hearing, that the issue before the learned Single Judge was already covered by a judgment of a learned Single Judge of this Court in 8 W.P.No.34565 of 2022, dated 21.09.2023 which had been modified by the judgment of a Division Bench of this Court, dated 22.08.2024 in W.A.No.1001 of 2023 and W.A.No.135 of 2024. The learned Single Judge, by his order, dated 26.03.2025, had disposed of the W.P.No.25901 of 2023 in terms of the said judgments. 4. The issue before the learned Single Judge, in W.P.No.34565 of 2022, was whether the appellant, after having notified an extent of land in the notification issued under Section 3A of the NH Act, could reduce the said extent by a notification under Section 3D and whether the 3D notification could be affirmed by a subsequent notification under Section 3G(3) of the NH Act. The other issue which came up before the learned Single Judge, was the quantum of compensation that was required to be paid for the lands specified in 3A or 3D notifications. The learned Single Judge has taken the view that the compensation would have to be paid on the basis of the land notified under Section 3A of the NH Act. In the appeal, a Division Bench of this Court, had held that the compensation would have to be on the extent of land notified under Section 3D of the NH Act. It appears that the landholders, in that case had approached the Hon’ble Supreme Court by way of SLP (Civil) Diary No.5329 of 2025 and the same is pending before the Hon’ble Supreme Court. 5. The appellant, being aggrieved by the judgment of the learned Single Judge in W.P.No.25901 of 2023, has approached this Court, by way of the present writ appeal. 9 6. Sri P.Veera Reddy, learned Senior counsel appearing for the appellant, would contend that the appellant would be entitled to reduce the extent of land which has to be acquired, by way of modifying extent of land notified in the notification issued under Section 3A and 3D by way of a notification under Section 3G (3) of the NH Act. The learned Senior counsel would also contend that this issue is already pending before the Hon’ble Supreme Court and in such circumstances, an interim arrangement could be made out for the purpose of allowing the appellant to carry out construction of the flyover which needs to be done at the earliest. 7. Sri P.Durga Prasad, learned counsel for the respondents, on the other hand, would contend that the respondents would be entitled to compensation for the entire extent of land notified under Section 3D of the NH Act and that was the judgment of the Division Bench of this Court in the earlier round of litigation. He would also submit that the present issue is not before the Hon’ble Supreme Court and the objection raised before the Hon’ble Supreme Court was whether the extent of land covered under the notification under Section 3A, could be reduced by a notification under Section 3D and whether the landholders are entitled for compensation for the larger extent of land notified under Section 3A of the NH Act. 8. Sri P.Durga Prasad, learned counsel would also contend that the new alignment proposed by the appellant is not an alignment which falls within the earlier alignment and that the new alignment actually falls outside the earlier alignment and would effectively take away the buildings of the respondents 10 while the earlier alignment only marginally affected the said buildings and as such, the new alignment cannot be permitted, under the guise of modifications of the notifications under 3A or 3D of the NH Act. 9. Sections 3A, 3D and 3G of the NH Act read as follows: “3A. Power to acquire land, etc.—(1) Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land. (2) Every notification under sub-section (1) shall give a brief description of the land. (3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language. 3D. Declaration of acquisition.—(1) Where no objection under sub- section (1) of section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of section 3A. (2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances. (3) Where in respect of any land, a notification has been published under sub-section (1) of section 3A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect: Provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of section 3A is stayed by an order of a court shall be excluded. (4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority. 3G. Determination of amount payable as compensation.—(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority. 11 (2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount determined under sub-section (1), for that land. (3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired. (4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land. (5) If the amount determined by the competent authority under sub- section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government— (6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act. (7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration— (a)the market value of the land on the date of publication of the notification under section 3A; (b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings; (d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.” 10. Under the scheme of the NH Act, a notification has to be issued under Section 3A of the NH Act, setting out the details of the land that is proposed to be acquired for development of a National Highway. Section 3B of the NH Act provided power to the appellant to conduct a survey over the land which is 12 proposed to be acquired, section 3C of the NH Act provides for objections to be filed against any such acquisition of land. Thereafter, the Central Government issues a declaration, under Section 3D, published in the Official Gazette, setting out the land that is being acquired and the purpose for its acquisition. Section 3D(2) of the NH Act states that upon publication of such a declaration, the land would vest absolutely in the Central Government, free from all encumbrances. There is no provision in the NH Act, where under, the vesting of land, provided under Section 3(D)(2) can be reversed. As the notification under Section 3(D) would result in vesting of land in the Government, the compensation that has to be paid, would have to be determined on the basis of the extent of land specified in the notification under Section 3(D). Any variation of the extent of land between the notifications in Section 3(A) and Section 3(D), would not make any difference, for the purposes of fixation of compensation, inasmuch as compensation has to be fixed only in terms of Section 3(D) notification. 11. The respondents are seeking to reduce their liability by issuing a notification under Section 3(G)(3). This provision is part of Section 3(G) which deals with determination of amount payable as compensation. This provision sets out the manner in which the compensation would be determined. As part of the said procedure, a public notice has issued, under Section 3(G)(3), for inviting claims from persons interested in the land, that is to be acquired. This notice, apparently, is only for the purposes of calling for claims from the interested persons and any reduction of the land sought to be acquired, cannot be done through a notification under Section 3(G)(3). Any variation in 13 the notification issued under Section 3(G)(3) from the notification issued under Section 3(D) shall not absolve the acquisition authority from determining compensation in terms of the notification issued under Section 3(D). 12. The objection raised by Sri P.Durga Prasad, learned counsel, regarding the difference in alignment, was not raised earlier. In that sense, no relief of such nature was sought. However, a remand of the matter, to look into this issue on such a technicality would only result in further delay. 13. In that view of the matter, this Writ Appeal is disposed of with the following directions. i) The appellant shall take necessary steps to pass supplementary awards for the purpose of fixing and paying compensation to the respondents, in relation to the entire land notified under Section 3D of the NH Act on 26.08.2018; ii) The appellant, after giving notice to the respondents shall demarcate the alignment of the land which is notified under Section 3D of the NH Act on 26.08.2018 and the alignment of the land which is notified under Section 3G (3) of the Act on 13.06.2023; iii) If the alignment of the land, mentioned in the notification issued under Section 3G(3) falls outside the alignment of the land mentioned in the notification issued under Section 3D of the NH Act on 26.03.2018, the said land which falls outside such 14 alignment cannot be taken from the respondents unless a fresh acquisition is initiated against such land; iv) If the alignment of the land mentioned in 3G(3) notification falls within the alignment of the land mentioned in the 3D notification on 26.03.2018, it would be open to the appellant to take up construction work as per its schedule. v) There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 08.12.2025 KA 15 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 821/2025 Date: 08.12.2025 KA