APHC010558172017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION Nos.30880, 6317, 11625 & 15270 of 2017 and 40875 of 2016 WRIT PETITION NO: 30880/2017 Between: 1. VANKAYALA RAMAMOHANA RAO,, S/O.BAPANAIAH, AGED ABOUT 56 YEARS, OCC: CULTIVATION, R/O. DOOR NO.5-222, ADAVULADEEVI VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. 2. PONNURU RAMAKRISHNA,, S/O.PONNURU MUKTESWARA RAO, AGED ABOUT 46 YEARS, OCC: CULTIVATION, R/O.D.NO.6-245, MALLIKHARJUNAPURAM, ADAVULADEEVI VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR LAND ACQUISITION, GUNTUR, GUNTUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER/LAND ACQUISITION OFFICER, TENALI, GUNTUR DISTRICT. 4. THE TAHSILDAR, NIZAMPATAM MANDAL, GUNTUR DISTRICT. ...RESPONDENT(S): 2 RRR,J W.P.No.30880 of 2017 & batch 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 toto issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set-aside the Land Acquisition Proceeedings Rc.No.1417/2012-G2, dt.01.09.2012 of the 2nd respondent with regard to lands of the petitioners, susbequently to direct the Respondents 2 to 4 not to evict the petitioners from their land admeasuring Ac.0.01 cents of wet land in Survey No.448/3A and admeasuring Ac.0.49 cents of wet land in Sy.No.449/1 of the 1st petitioner and admeasuring Ac.0.95 cents of wet land in Sy.No.448/1A of the 2nd petitioner, situated at Adavuladeevi Village, Nizampatnam Mandal, Guntur District, and pass such other order or orders as this Hon'ble Authority may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2017(WPMP 38496 OF 2017 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 suspend the Land Acquisition Proceeedings Rc.No.1417/2012-G2, dt.01.09.2012 of the 2nd respondent, with regard to the land admeasuring Ac.0.01 cents of wet land in Survey No.448/3A and admeasuring Ac.0.49 cents of wet land in Sy.No.449/1 of the 1st petitioner and admeasuring Ac.0.95 cents of wet land in Sy.No.448/1A of wet land of the 2nd petitioner, situated at Adavuladeevi Village, Nizampatnam Mandal, Guntur District, pending disposal of the writ petition WRIT PETITION NO: 6317/2017 Between: 1. MUNIPALLI KANNA RAJU,, S/O.SATYAM, AGED ABOUT 37 YEARS, OCC: CULTIVATION, R/O.DOOR NO.3-33, HARIJANAWADA,RAMAKRISHNAPURAM, ADAVULADEEVI VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. 2. DONTHAGANI VENKATESWARA RAO,, S/O.SAMBAIAH, AGED ABOUT 27 YEARS, OCC: CULTIVATION, R/O.DOOR NO.1-218, SONTIVARIPALEM OF ADAVULADEEVI VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. 3 RRR,J W.P.No.30880 of 2017 & batch 3. UPPALA BASAVAPUNNAMMA,, S/O.MALLAIKARJUNA RAO, AGED ABOUT 27 YEARS, OCC: CULTIVATION, RIO. DOOR NO.1-256A, SONTIVARIPALEM OF ADAVULADEEVI VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. 4. PACHABOTLA KONDALA RAO,, S/O.VENKAIAH, AGED ABOUT 42 YEARS, OCC: CULTIVATION, R/O.NARRAVARIPALEM OF DINDI VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR LAND ACQUISITION, GUNTUR, GUNTUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER/LAND ACQUISITION OFFICER, TENALI, GUNTUR DISTRICT. 4. THE TAHSILDAR, NIZAMPATAM MANDAL, GUNTUR 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 toto issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set-aside the Land Acquisition Proceeedings Rc.No.141712012-G2, dt.01.09.2012 of the 2nd respondent with regard to land of the petitioners, susbequently to direct the Respondents 2 to 4 not to evict the petitioners from their land in Survey No.448/3A, admeasuring Ac.0.49 cents of wet land of the 1st.petitioner, Survey No.448/1A, admeasuring Ac.0.50 cents (but shown as Ac.0.49 cents of wet land) of the 2nd petitioner, Survey No.448/1A, admeasuring Ac.0.39 cents of wet land (but shown as Ac.0.37 cents) of the 3rd petitioner and Survey No. 448/1A, admeasuring Ac.0.50 cents of wet land of the 4th Petitioner, situated at Adavuladeevi Village, Nizampatnam Mandal, Guntur District 4 RRR,J W.P.No.30880 of 2017 & batch IA NO: 1 OF 2017(WVMP 1501 OF 2017 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 vacate the interim order passed in W.P.M.P.No.7744 of 2017 in W.P.No.6317 of 2017 dated 23.02.2017 and pass IA NO: 2 OF 2017(WPMP 7744 OF 2017 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 suspend the Land Acquisition Proceeedings Rc.No.1417/2012-G2, dt.01.09.2012 of the 2nd respondent, with regard to land of the petitioners, pending disposal of the writ petition WRIT PETITION NO: 11625/2017 Between: 1. KATURI VENKATESWARA RAO,, S/O.K.PEDA PUNNAIAH AGED ABOUT 52 YEARS, OCC: CULTIVATION, R/O.RAMAKRISHNAPURAM, ADAVULADEEVI VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. 2. MEKA KOTESWARAMMA,, W/O.CHINA SUBBA RAO, AGED ABOUT 61 YEARS, OCC: HOUSEWIFE, RIO. SATYANARAYANAPURAM, ADAVULADEEVI VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, (LAND ACQUISITION), GUNTUR, GUNTUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER/LAND, ACQUISITION OFFICER, TENALI, GUNTUR DISTRICT. 5 RRR,J W.P.No.30880 of 2017 & batch 4. THE TAHSILDAR, NIZAMPATAM MANDAL, GUNTUR 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 toto issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set-aside the Land Acquisition Proceeedings Rc.No.1417/2012-G2, dt.01.09.2012 of the 2nd respondent with regard to lands of the petitioners, susbequently to direct the Respondents 2 to 4 not to evict the petitioners from their land in Survey No.448/1A, admeasuring Ac.0:96 cents of wet land of the 1st petitioner, Survey No.448/1A, admeasuring Ac.0.50 cents of wet land of the 2nd petitioner, situated at Adavuladeevi Village, Nizampatnam Mandal, Guntur District, and pass such other order or orders as this Hon'ble Authority may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2017(WPMP 14469 OF 2017 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 suspend the Land Acquisition Proceeedings Rc.No.1417/2012-G2, dt.01.09.2012 of the 2nd respondent, with regard to the land of the 1st petitioner in Sy.No.448/1A,- admeasuring Ac.0.96 cents and the land of the 2nd petitioner in Survey No.448/1A, admeasuring Ac.0.50 cents, situated at Adavuladeevi Village, Nizampatnam Mandal, Guntur District, pending disposal of the writ petition, and pass such other order or orders may deem fit and proper in the circumstances of the case. WRIT PETITION NO: 15270/2017 Between: 1. VANKAYALA SATYA PRASAD,, S/O.GOPALA KRISHNA MURTHY AGED ABOUT 48 YEARS, OCC: CULTIVATION, R/O.5-228, ADAVULADEEVI VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. 2. KANNETI RAMUDU,, S/O.ANJAIAH, AGED ABOUT 51 YEARS, OCC: CULTIVATION, R/O.4-63, NARRAVARIPALEM VILLAGE, DINDI, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P. 6 RRR,J W.P.No.30880 of 2017 & batch ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, (LAND ACQUISITION), GUNTUR, GUNTUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER/LAND ACQUISITION OFFICER, TENALI, GUNTUR DISTRICT. 4. THE TAHSILDAR, NIZAMPATAM MANDAL, GUNTUR 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 toto issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set-aside the Land Acquisition Proceeedings Rc.No.1417/2012-G2, dt.01.09.2012 of the 2nd respondent with regard to lands of the petitioners, susbequently to direct the Respondents 2 to 4 not to evict the petitioners from their land admeasuring Ac.0.03 cents of wet land in Survey No.44813A and admeasuring Ac.0.49 cents of wet land in Sy.No.449/1 of the 1st petitioner and admeasuring Ac.0.0.01 cents of wet land in Sy.No.448/3A and admeasuring Ac.0.97 cents of wet land in Sy.No.449/1 of the 2nd petitioner, situated at Adavuladeevi Village, Nizampatnam Mandal, Guntur District IA NO: 1 OF 2017(WPMP 18857 OF 2017 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 suspend the Land Acquisition Proceeedings Rc.No.1417/2012-G2, dt.01.09.2012 of the 2nd respondent, with regard to the land admeasuring Ac.0.01 cents of wet land in Survey No.448/3A and admeasuring Ac.0.49 cents of wet land in Sy.No.449/1 of the 1st petitioner and admeasuring Ac.0.03 cents of wet land in Sy.No.448/3A and admeasuring Ac.0.97 cents of wet land in Sy.No.449/1 of the 2nd petitioner, situated at Adavuladeevi Village, Nizampatnam Mandal, Guntur District, pending disposal of the writ petition 7 RRR,J W.P.No.30880 of 2017 & batch WRIT PETITION NO: 40875/2016 Between: 1. GUDIPALLI SOMULU, S/O.RAJA RAO,, OCC: CULTIVATION, R/O. DINDI VILLAGE, ADAVULADEEVI POST, NIZAMPATNAM MANDAL, GUNTUR DISTRICT. 2. NARRA VENKATA NARASAMMA, W/O.LATE ADI NARAYANA,, OCC: HOUSEWIFE, R/O.DINDI GRAM PANCHAYAT, ADAVULADEEVI POST, NIZAMPATNAM MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH REP, BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR LAND ACQUISITION GUNTUR GUNTUR, DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER/LAND ACQUISITION OFFICER, TENALI, GUNTUR DISTRICT. 4. THE TAHSILDAR NIZAMPATAM MANDAL GUNTUR 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 toto issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set-aside the Land Acquisition Proceeedings Rc.No.1417/2012-G2, dt.01.09.2012 of the 2nd respondent, susbequently to direct the Respondents 2 to 4 not to evict the petitioners from their land in Sy.No.448/A, admeasuring Ac.0.96 cents of wet land of the 1st Petitioner and Sy. No.448/3A, admeasuring Ac.0.03 cents and in Sy.No.449/1, admeasuring Ac.0.97 cents, totally Ac.1.00 cents of wet land of the 2nd Petitioner, situated at Adavuladeevi Village, Nizampatnam Mandal, Guntur District, 8 RRR,J W.P.No.30880 of 2017 & batch IA NO: 1 OF 2016(WPMP 50334 OF 2016 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 suspend the Land Acquisition Proceeedings Rc No.1417/2012-G2, dt.01.09.2012 of the 2nd respondent, pending disposal of the writ petition, IA NO: 1 OF 2017(WVMP 1503 OF 2017 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 vacate the interim order passed in W.P.M.P.No.50334 of 2016 in W.P.No.40875 of 2016 dated 25.11.2016 and pass IA NO: 2 OF 2017(WPMP 9399 OF 2017 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 extend the interim orders, dt.25.11.2016, passed in W.P.No.40875 of 2016, until further orders, and pass Counsel for the Petitioners: 1. K RAMA KOTESWARA RAO Counsel for the Respondents: 1. GP FOR LAND ACQUISITION (AP) 9 RRR,J W.P.No.30880 of 2017 & batch The Court made the following Common Order: As all these Writ Petitions arise out of the same acquisition process, they are being disposed of, by way of this Common Order. 2. Heard, Sri K. Rama Koteswara Rao, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition appearing for the respondents. 3. An extent of Ac.10.68 cents of land in certain survey numbers of Adavuladeevi Village, Nizampatnam Mandal, Guntur District, was sought to be acquired for the purposes of creating a Water Storage Tank. A notification under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the „1894 Act‟) has been issued, on 01.09.2012 and a declaration under Section 6 was issued, on 29.09.2012. Thereafter, an Award came to be passed, on 13.03.2014. 4. At that stage, the petitioners herein, had approached the District Collector, seeking proper compensation, to be determined according to the principles set out in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (R.F.C.T.L.A.R.R.) Act, 2013 (hereinafter referred to as the Compensation Act, 2013). The District Collector then directed recalculation of the compensation payable to the affected persons. A perusal of these instructions, would show that, a Draft Supplementary Award was prepared and sent to the District Collector for approval. However, the District Collector, had returned the said Draft 10 RRR,J W.P.No.30880 of 2017 & batch Supplementary Award with a direction to pass a fresh Award as Compensation Act, 2013 had come into effect from 01.01.2014. Thereafter, a fresh Award, bearing No.01/2016, dated 26.07.2016, was passed. This Award is under challenge in the present set of Writ Petitions. 5. The primary objection raised by the petitioners is that, Section 24 of the Compensation Act, 2013, stipulates that, where no Award has been passed under Section 11 of the Land Acquisition Act, 1894, all provisions of the 1894 Act relating to the determination of compensation shall apply. 6. The petitioners contend that, since the provisions of 1894 Act, would continue to apply to this Award, the provisions of Section 11A of the 1894 Act, would also be applicable. 7. Section 11 (A) of the 1894 Act stipulates that, the Collector would have to make an Award, under Section 11 of the Act within a period of two (02) years from the date of publication of the declaration under Section 6. If no Award is passed within that period, the entire proceedings for the acquisition of the land would lapse. The petitioners further contend that, in view of Section 11A, the acquisition proceedings initiated under the Notification, dated 04.06.2012 stand lapsed as the Award has been passed more than two (02) years, after the declaration under Section 6 was issued, on 29.09.2012. 8. The learned Assistant Government Pleader for Land Acquisition appearing for the respondents, would contend that, the main Award had been 11 RRR,J W.P.No.30880 of 2017 & batch passed, on 13.03.2014 and the Award passed, on 26.07.2016 is only a Supplementary Award and as such, the requirements of Section 11A have been complied with. 9. A perusal of the Award, dated 26.07.2016, states as otherwise. The introduction to the Award states as follows: “Accordingly Draft Supplementary Award No.01A/2014, dt.21.11.2015 was prepared and submitted to the Collector, Guntur for approval vide this Rc.No.2991/2011/F, dt.21.11.2015. But the Collector, Guntur vide Rc.No.1419/2012/G2, dt.25.11.2015 has returned Draft Supplement Award with a request to send determination market value proposals as per the clarification issued by the Joint Secretary (LR) Government of India, MRD, New Delhi vide Memo Rc.No.Rev/26021/2015/LA dt.13.11.2015. As per the instructions of the Collector, Guntur P.V.Statement and Note on valuation have been submitted for approval. The Collector, Guntur has approved P.V. Proposals and returned the determination of market value statement and permitted the Revenue Divisional Officer, Tenali to pass fresh award under Old Act. by adopting compensation entitlement under New L.A.R.R.Act,2013, as the new L.A.R.R.Act. came into force 01.01.2014 due to the Award passed earlier in Award No.01/2014 is null and void.” 10. In these circumstances, it must be held that the Award passed, on 26.07.2016, has been passed more than two (02) years, after the declaration under Section 6 had been issued, on 29.09.2012. 11. In these circumstances, the acquisition process has lapsed. 12. Accordingly, the Notification, under Section 4, dated 04.06.2012, the Declaration under Section 6, dated 29.09.2012 and the Award, dated 13.03.2014 and the Supplementary Award, dated 26.07.2016 are all set aside. 12 RRR,J W.P.No.30880 of 2017 & batch 13. The learned Assistant Government Pleader for Land Acquisition appearing for the respondents, would also submit that, certain amounts had been deposited in the accounts of the petitioners. It would be open to the Revenue Authorities to recover such amounts, if further acquisition proceedings have been dropped or such amounts to be treated as part of the compensation that would be payable, in the event of acquisition of these lands being pressed, by way of a fresh notification. 14. Accordingly, these Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J KPV 13 RRR,J W.P.No.30880 of 2017 & batch 343 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION Nos:30880, 6317, 11625 & 15270 of 2017 and 40875 of 2016 21.11.2025 KPV