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2025 DAILYLAW 6841 (AP)

KAPULAPALLI RANGA REDDY v. UNION OF INDIA

WP/3983/2025 · 2025-08-27

Tarlada Rajasekhar Rao

body2025

Judgment text

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I. h APHC010064582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO lA No.2 OF 2025 IN/AND WRIT PETITION NO: 3983 OF 2025 lA No.2 OF 2025 Between: The Project Director, NHAI, Nandyal, Andhra Pradesh. ...VACATE STAY PETITIONER/RESPONDENT No.3 AND 1. Kapulapalli Ranga Reddy, S/o. K. Sunki Reddy, Aged about 70 H.No. 2-180, Juturu Village, Pamulapadu Mandal, Nandyal District, Andhra Pradesh - 518 401 ...WRIT PETITIONER/RESPONDENT 2. Union of India, Ministry of Road Transport and Highways, Transport Bhavan 1, Parliament Street, 110001. 3. The National Highways Authority of India, Rep. by its Chairman, G 5 and 6, Sector 10, Dwaraka, New Delhi-110 075. 4. The Executive Engineer, R & B Division, Nandyal, Nandyal District. 5. The Joint Collector and Competent Authority, Kurnool District, Andhra Pradesh. years. Occ Agriculturist, R/o Rep. by its Secretary, New Delhi - Y 6. The Joint Collector and Competent Authority, Nandyal District Pradesh. 7. The Revenue Divisional Officer, RDO, Atmakur Division. 8. The Tahsildar, Pamulapadu Mandal, Nandyal District. (RR 2 to 8 are not necessary parties to this Petition) Andhra ...RESPONDENTS 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 vacate the interim direction dt. 18.02.2025 passed in W.P. 3983 of 2025. WRIT PETITION NO: 3983 OF 202.5 Between: Kapulapalli Ranga Reddy, S/o. K. Sunki Reddy, Aged about Agriculturist, R/o H.No. 2-180, Juturu Village, Pamulapadu Mandal District, Andhra Pradesh - 518 401 70 years, Occ Nandyal ...PETITIONER AND 1. Union of India, Ministry of Road Transport and Highways, Transport Rep. by its Secretary, New Delhi - Bhavan, 1, Parliament Street, 110001. 2. The National Highways Authority of India, Rep. by its Chairman, G 5 and 6, Sector 10, Dwaraka, New Delhi-110 075. 3. The Project Director, NHAI, Nandyal, Andhra Pradesh. 4. The Executive Engineer, R & B Division, Nandyal, Nandyal District. 5. The Joint Collector & Competent Authority, Kurnool District, Andhra Pradesh. 6. The Joint Collector & Competent Authority, Nandyal District, Andhra Pradesh. 7. The Revenue Divisional Officer (RDO), Atmakur Division. 8. The Tahsildar, Pamulapadu Mandal, Nandyal District. ...Respondents 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of Respondents herein in trying to forcefully interfere with the land of the Petitioner in Sy. Nos. 783 A, 783 B, 785 C, 786 A and 786 B admeasuring Ac. 2.30 cents situated in Juturu Village, Pamulapadu Mandal Nandyal District as being illegal, arbitrary, unconstitutional and consequently pass direct the Respondents herein to follow due process of law before interfering with the property of the Petitioner. lA 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 to direction the Respondents not to interfere with the peaceful possession and enjoyment of the land admeasuring Ac. 2.30 cents in Sy. No.s 783 A, 783 B, 785 C, 786 A and 786 B respectively situated in Juturu Village, Pamulapadu Mandal Nandyal District without following due process of law, pending disposal of the above Writ Petition. Counsel for the Petitioner in lA No.2 of 2025:SRI MUDUNURI ANAND KUMAR (SC FOR NHAI) Counsel for the Respondent No.1 in lA No.2 of 2025: SRI VARUN BYREDDY Counsel for the Respondent Nos.2 & 3 in lA No.2 of 2025: M/s. M. UMA DEVI (CENTRAL GOVT. COUNSEL) Counsel for the Respondent No.4 in lA No.2 of 2025: GP FOR ROADS & BUILDINGS Counsel for the Respondent Nos.5 to 8 In lA No.2 of 2025: GP FOR REVENUE The Court made the following order: APHC010064582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO l■A■No■2 of 2025 IN/AND WRIT PETITION No.3983 of 2025 [3330] W.P.No.3983 of 2025: Between* 1.KAPULAPALLI RANGA REDDY, S/0. K. SUNKI REDDY, AGED ABOUT 70 YEARS, OCC AGRICULTURIST, R/0 H.NO. 2-180, NANDYAL PAMULAPADU MANUAL, JUTURU VILLAGE DISTRICT, ANDHRA PRADESH - 518 401 ...PETITIONER AND 1 UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAVAN, 1, PARLIAMENT STREET, REP. BY ITS SECRETARY, NEW DELHI - 110001. 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G 5 AND 6, SECTOR 10, DWARAKA, NEW DELHI-110 075. 3.THE PROJECT DIRECTOR, PRADESH 4.THE EXECUTIVE ENGINEER, R AND B DIVISION, NANDYAL, NANDYAL DISTRICT. 5 THE JOINT COLLECTOR AND COMPETENT AUTHORITY, KURNOOL DISTRICT, ANDHRA PRADESH. COLLECTOR AND COMPETENT AUTHORITY, NANDYAL DISTRICT, ANDHRA PRADESH. DIVISIONAL OFFICER RDO, ATMAKUR MANUAL, NANDYAL NHAI, NANDYAL, ANDHRA 6.THE JOINT 7.THE REVENUE DIVISION. 8:the tahsildar, DISTRICT. PAMULAPADU " - '‘t] 2 ...RESPONDENT(S)- mimm msmimm lA No.2 OF 2025 “p'axs?'* •"“ "" ' Counsel for the Petitioner: 1.VARUN BYREDDY Counsel for the Respondent(S): 1.M UMA DEVI (CENTRAL GOVT COUNSEL) 2.MUDUNURI ANAND KUMAR (SC FOR NHAI) The Court made the following: dated 18.02.2025 passed in COMMON ORDER: r The Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: "....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of Respondents herein in trying to forcefully interfere with the land of the Petitioner in Sy.Nos.783A, 783B, 785C, 786A and 786B admeasuring Ac.2.30 cents situated in Juturu Village, Pamulapadu Mandal Nandyal District as being illegal, arbitrary, unconstitutional and consequently direct the Respondents herein to follow due process of law before , interfering with the property of the Petitioner and pass such other orders " 2. . It is the contention of the petitioner that the respondents even after acquiring the required proposed land of Ac.0.01 cent in Sy.No.785A of the petitioner herein are further trying to interfere with the adjacent lands of the petitioner in Sy.Nos.783A, 783B, 785C, 786A and 786B without following due process of law and in violation of the National Highways Act, 1956. When the matter is listed before this Court for admission on 18.02.2025. This Court, vide docket proceedings dated 18.02.2025, directed all the parties to maintain status quo obtaining as on today (on that day) insofar as the land belonging to the writ petitioner is concerned, if it is over and above the one cent of land which already stood acquired. 3. The respondents issued notification under Section 3A of the National Highways Act, 1956, dated 16.02.2018 to acquire certain lands ^nd structures in Juturu Village of Pamulapadu Mandal for road 4. 4 widening of two/four lane NH-340C (Old NH-8) at Kurnool starting from its junction with NH-40 connecting Nandikotkur, Atmakur and terminating a. its junction with NH-765 a, Dornaia. ,n view of the direction given by are not able to proceed with the l■A.No.2 of 2025 to this Court, the respondents Hence, the respondents filed work, vacate the interim order granted on 18.02.2025. 5. JUe vacate stay petition is filed denying the averments made in the affidavit filed in support of the Writ Petition and it is stated that the petitioner’s property to an extent of 0.45 is also included in the notification and it is not correct to say that the property in an extent of Acs.2.30 cents is intended to be acquired and NHAI authorities have not any intention to trespass into the subject property, however, in compliance of the instructions of this Court, the authorities have once again carried the survey activity to ensure that no work execution nor acquisition in the subject property and Court’s direction they presently, in compliance of this are maintaining status quo. Due to the status quo orders granted by this Court on 18.02.2025, the next step of acquisition IS not able to get notified by the Authorities, acquisition process in the respective process, i.e., 3D declaration i due to which the area is being inconvenience to the public and loss of public exchequer, hence urged to this Court to vacate the interim hampered and resulting order granted on 18.02.2025. 6. When the matter learned counsel was listed before this Court on 21.08.2025 appearing for the NHAI stated that they will follow due procedure of law before dispossessing the writ petitioner from the land 5 on such representation made by the counsel and this Court directed to file an affidavit to that extent. The respondent No.3 has filed an affidavit (part of record) giving undertaking and the relevant paragraphs are hereby extracted hereunder: 7. "2. I submit that, the main contention of the petitioner is that we are trying to forcefully interfere with the lands of Petitioner in Sy.Nos.783/A, 783/C, 785/B, 785/C and 786/B admeasuring Ac.2.30 cents situated in Juturu Village, Pamulapadu Mandal. 3. I submit that we are committed to follow the due process of law and assuring that we will not acquire any property without following the due process of law. 4. I submit that the lands of the petitioner in Sy.Nos.783/A extent 810.4 Sq.mts, 783/C extent 81.94 Sq.mts, 785/B extent 729.4600137 Sq.mts, 785/C extent 41.47 Sq.mts and 786/B extent 203.3500137 Sq.mts is published in Section 3A Notification and the same is proposed in Section 3D Hence we are committed to pay the compensation to the petitioner/claimant in line with Section 3H(1)ofNH Act 1956. Notification. 5. I submit that the compensation amount of the acquired lands will be determined by CALA under Section 3G after 3G And the awarded compensation amount will be deposited as per Section 3H(1) by the Central Govt, and the enquiry. 6 respective claim amount will be disbursed as per Section 3H(2) to the claimant on submission of required documents ’ and information as 6. Per procedure." The petitioner's counsel brought to the Court's notice that the land was included in the later notifications dated 12.11.2024 and 13.06.2025 after the writ petition was filed, and requested that the authorities pay compensation for it. As the respondents have manifested in their affidavit that they will pay the compensation to the petitioner for the land notified in the subsequent notifications, hence this court directs the respondents to pay compensation for the land which was notified subsequently, following the earlier notification, in accordance with law 8. Hence, the present Writ Petition is disposed of, directing the 1 respondent-authorities to pay compensation for the land notified in the subsequent notifications dated 12.11.2024 and 13.06.2025, which was acquired beyond the earlier notification, in accordance with law. The respondents are also directed to proceed with the work as per the first notification issued on 12.11.2024. 9. Consequently, I.A.No.2 of 2025 is allowed and the interim order . granted on 18.02.2025 shall stand vacated and the respondents are at liberty to proceed with the work in accordance with law. 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 11. 7 As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. Sd/-A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTIONiOFFICER To, 1. The Secretary, Ministry of Road Transport and Highways, Union of India, Transport Bhavan, 1, Parliament Street, New Delhi - 110001. 2. The Chairman, National Highways Authority of India, G 5 and 6, Sector 10, Dwaraka, New Delhi-110 075. 3. The Project Director, NHAI, Nandyal, Andhra Pradesh. 4. The Executive Engineer, R and B Division, Nandyal, Nandyal District. 5. The Joint Collector and Competent Authority, Kurnool District, Andhra Pradesh. 6. The Joint Collector and Competent Authority, Nandyal District, Andhra Pradesh. 7. The Revenue Divisional Officer (RDO), Atmakur Division. 8. The Tahsildar, Pamulapadu Mandal, Nandyal District. 9. One CC to Sri Varun Byreddy, Advocate [OPUC] 10. One CC to M/s. M. Uma Devi (Central Govt Counsel) [OPUC] 11. One CC to Sri Mudunuri Anand Kumar (SC for NHAI) [OPUC] 12. Two CC’s to GP for Revenue, High Court of Andhra Pradesh[OPUC] 13. Two CC’s to GP for Roads and Buildings, High Court of Andhra Pradesh[OPUC] 14. Two CD Copies. ssb HIGH COURT DATED:28/08/2025 ORDER lA No.2 of 2025 in /and WP No.3983 OF 2025 % I I8SEP2I)25 ^ ^ . Current Section ALLOWING THE lA No.2 of 2025 & DISPOSING OF THE W.P. WITHOUT COSTS