APHCO10098072021 lNTHE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN PETITION NO-. 5784 OF 2021 WRIT Betwee n : 1. A. Venkata Subbamma @ A. Ramulamma, W/o. Venkata Subba Reddy, aged about 63 years, 2. Kothapu Chennamma, W/o. K. Muni Reddy, Aged about 54 years, 3. A. Rajabi, D/o. Fathima Bee, W/o. Basha, aged about 50 years, 4. S. Nagaraju, S/o. Subba Rayudu, Aged about 65 years, 5. B. Gangamma, W/o. Subbarayudu, Aged about 67 years, 6. P. Nagamma, W/o. Nagaiah, Aged about 49 years, A" are res-ldentS Of SomeswaraPuram Village, Hamlet Of ThamballagOndi Village, Atloor Mandal, YSR Kadapa District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Pr'lnc-lpal Secretary, lrrigat'lOn (I and GAD) Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The Chief Engineer, (Projects) Irrigation Department, Kadapa, YSR - District. 3. The Superintending Engineer Projects, NTR TGP Irrigation Circle, Kadapa, YSR Kadapa District. 4. The Special Collector, (Land Acquisit'lon) Galen' Nagari Sujala sravanthi project at Kadapa, YSR Kadapa District. 5. The Special Deputy Collector, Land Acquisition, Telugu Ganga Project I- Unit I at Kadapa, YSR Kadapa District. .:.:l!,:'l ?.`Th`e Executive Engineer, NTR TGP Division, Badvel, YSR Kadapa District. 7.iThe District Collector, Kadapa, YSR Kadapa District. ...Respondents Petition under Article 226 of the ConstI'tutiOn Of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or directl'on mostly one which is in the nature of a writ of mandamus declaring the action of the Respondents in exclusion of trees, horticulture plants, structures, fencing, reduction of extents of lands taken in possession for the purpose of Right Canal Distribution Channels 54L Minor and its 2 R-3 L Sub Minor Canal of Telugu Ganga Project in terms of Award No.ll/2019-20, dt.30.9.2019 of the 5th Re-spondent as illegal, irregular, arbitrary, unjustified, unconstitutional and unsustaI-nable and direct the respondents to pay the compensation and all attendant statutory benefits' for all the trees, horticult'ufe-plants, structures, fencing and entire land taken away by the Respondents from the PetI-tiOnerS. IANO: 1 OF2021 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 direct the Respondents to consider and pass appropriate orders on Representation, dt.21.10.2020. IANO: 1 OF2022 Petition under Section 151 CPC prayI'ng that in the Circumstances Stated in the affidavit filed in support of the petl-lion, the High Court may be pleased to receive the Joint Inspection Notes, dt.6.7.2009 of the Respondent Nos.5, 6 and others annexed to this I,A. as an additional document ln w.p.No.5784/2021. counsel for the petitioners|. M/s. SODUM ANVESHA counsel for the Respondent Nosll to 3 a 6 I. GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT counsel for the Respondent Nos.4, 5 a 7 : GP FOR LAND ACQU[S[TION *, The Court made the following order: - gr£, / APHCO10098072021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special OrI-ginaI Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE €PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5784/2021 [3233] Between : . -1.A. VENKATA SUBBAMMA @ A. RAMULAMMAu W/O. VENKATA SUBBA REDDY, AGED ABOUT 63 YEARS, 2.KOTHAPU CHENNAMMAu W/O. K. MUNI REDDY, AGED ABOUT 54 YEARSl 3.A. RAJABlu D/O. FATHIMA BEE, W/O. BASHA, AGED ABOUT 50 YEARS, 4.S. NAGARAJUu S/O. SUBBA RAYUDU, AGED ABOUT 65 YEARS, 5. B. GANGAMMAu W/O. SUBBARAYUDU, AGED ABOUT 67 YEARS, 6.P. NAGAMMAH W/O. NAGAIAH, AGED ABOUT 49 YEARS, ALL ARE RESIDENTS OF SOMESWARAPURAM VILLAGE, HAMLET OF THAMBALLAGONDI VILLAGE] ATLOOR MANDAL, YSR KADAPA DISTRICT .UPETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION (I AND CAD) DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDl, AMARAVATHl, GUNTUR DISTRICT 2.THE CHIEF ENGINEER, (PROJECTS) IRRIGATION DEPARTMENT, KADAPA, YSR DISTRICT 'th 3.THE SUPERINTENDING ENGINEER PROJECTS, NTR TGP IRRIGATION CIRCLE, KADAPA, YSR KADAPA DISTRICT 4.THE SPECIAL COLLECTOR, (LAND ACQUISITION) GALEN' NAGARI SUJALA SRAVANTHI PROJECT AT KADAPA, YSR KADAPA DISTRICT 5.THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION, TELUGU GANGA PROJECT UNIT I AT KADAPA, YSR KADAPA DISTRICT 6.THE EXECUTIVE ENGINEER, NTR TGP DIVISION, BADVEL, YSR KADAPA DISTRICT 7.THE DISTRICT COLLECTOR, , +(ADAPA, YSR KADAPA 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 {opleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of mandamus declar'lng the. action of the Respondents in exclusion of trees, horticulture Plants, Structures, fencing, reduction of extents of lands taken in possession for the purpose Of Right canal Distribution Channels 54L Minor a'nd its 2 R-3 L Sub Minor Canal of Telugu Ganga Project in terms of Award No.ll/2019-20, dt.30.9.2019 of the 5th Respondent as illegal, irregular, arbitrary, unjuStified, unCOnStitutiOnal and unsustainable and direct the respondents to pay the compensation and all attendant statutory benefits for all the trees, horticulture plants, strulctures, fencing and entire land taken away by the Respondents from the Petitioners and pass IANO: 1 OF2021 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 direct the Respondents to consider and pass appropriate orders on Representation, dt.21.10.2020 and pass lANO: 1 OF2022 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 receive the Joint Inspection Notes, dt.6.7.2009 of the rf Respondent Nos.5,_6 and others annexed to this I.A. as an additI-Onal document in W.P.No.5784/2021 and Counsel for the Petitioner(s): 1.SODUM ANVESHA Counsel for the Respondent(s): 1. GP FOR LAND ACQUISITION I. The Court made the following Order: Heard the learned COunSel for the PetltiOnerS and the learned Assistant Government Pleader for the respondents. 2. This writ Petition Was filed question-lng the action Of the respondents in exclusion of trees, horticulture plants, structures, fencing, reduction of extents of lands taken in possession for the purpose of Right Canal Distr'lbutiOn Channels 54L Minor and its 2 R-3 L Sub Minor Canal of Telugu Ganga Project in terms Of Award No.ll/2019-20, dated 30.09.2019 of the 5th + respondent and consequently seeking direction to the respondents to pay compensation of a" attendant statutory benefits for a" the trees, horticulture plants, structures, fencing and entire land taken away by the respondents from the petitioners. 3. The learned COunSel for the Petitioners Submits thatthe 5th respondent Passed the award No.ll/2019-20, dated 30.09.2019 in respect Of a total extent of 2.42 cents in Sy.No.412/4 etc., Situated 'ln TamballagOndi Village of Atloor Mandal, Kadapa District for excavation Of 54L Minor & 2R Sub Minor of spvBR Right Canal. Aggrieved by the Said impugned award Of the 5th respondent dated 30.09.2019, the Petitioners Submitted representations tO the lSt respondent dated 21.12.2019 seeking aPPrOPr'la{e determination Of the compensation by considering the following points specifically as under-. 1) The DKT lands are already aCqulred durlng the year 2009 vilthOut payment of compensation, and taken over by the Government for the public purpose, but, the special Deputy Collector has Published P.N. on o4.04.2018 the gap between taken possession tO P.N. comes 9 '*. years, the payment of 12O/o AMV from the date of taken possessI-On I.e., from 2009 to P.N. date has not paid by the specl-al Deputy Collector. 2) The Special Deputy Collector has adopted the old SSR rates of 2008- 2009 to the sheds, structures I-nstead of New SSR rates of 2017-2018. 3) As per Section 34 of L.A. Act after taking the advance possession during year 2008-2009 the payment interest at 9O/o per annum from Award after one year 15% interest has to be paid on the DKT holders. 4) The Special Deputy Collector, has not paid the amount for crop damages during the year 2009 there are HortI'Culture, Forest trees and sheds, structures, are existed in the above said survey numbers of the lands- 4. The learned counsel for the petitI'OnerS SubmI'tS that the respondent authorI-ties COnCerned have not followed the section 80 of the Right to Fair compensatI-On and Transparency in Land AcqujsI-lion, RehabilI-tatiOn and Resettlement Act, 2013, which is as under: lI80. Payment of interest. When the amount of such compensatI'On iS not Pal-d Or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with I-ntereSt thereon at the rate of nine per cent per annum from' the tl'me of so :aek;nogsitepd:ssessI'On untI-I it shall have been so paid or Provided that if such compensation or any part thereof is not paI'd Or deposited WithI-n a Period Of One year from the date on which possession I-s taken, I-ntereSt at the rate of fifteen per cent Per annum shall be payable from the date or expiry of the sal'd period of one year on the amount of compensation or part thereof whI'Ch has not been paid or deposited before the date of such expiry." 5. AccordI'ng tO I-I, the 9O/o interest shall be awarded for the let year from takI'ng possession Of the land untl-I the awarded amount has been paid or so deposited, if it is not paid within a period of one year from the date of taking possession, the interest @15O/o sha" be calculated from the date of expiry of ~, the said period of one year on the amount of compensation which has not been paid or so deposited from the date of such possession. 6. He also refers tO Section 23A of the Said Act which deals With the award of collector without enquiry in case of agreement of interested persons which is as under: {[23A. Award of Collector without enquiry in Case Of agreement of interested persons. (1) Notwithstanding anything contained in Section 23, if at any stage of the proceedings, the collector is satisfied that all the persons interested in the land who appeared before him have agreed 'ln writing on the matters to be included in the award of the collector in the form prescribed, he may, without making further enquiry, make an award according to the terms of such agreement. (2) The determination Of compensation for any land under sub-section (1) shall not in any Way affect the determinationtof compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act. (3) Notwithstand-lng anything contained in the Registration Act,1908 (Act 16 of 1908), no agreement made under sub-section (1) shall be I-lable tO registration under that Act:. [vide A.P.Amendment Act 22 of 2018, w,r.e.f.1-1-2014]." 7. The learned counsel further Submits that, the Pet'ltiOnerS are also entitled for the compensation of the award as per section 30 of the said Act which reads as under: l'30. Award of solatium-. (1) The Collector having determined the tctal compensation to be paid, shall, to arrive at the final award, impose a '{solatium", amount equivalent to one hundred Per cent of the compensation amount. (2) The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule. Qe} (3) ln additl'on to the market value of the land provided under sectI-On 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent per annum on such market value for the period commencing on and from the date of publication of the notl'fication of the social Impact Assessment study under sub-section (2) of the section 4, in respect Of Such land, till the date of the award of the collector or the date of takl-ng possession of the land, whichever js earlI-er.J' 8. As per the G.O. Ms. As per the G.O. Ms. No.562, Revenue (L.A.) Department, dated 13.ll.2018, the respondent authorities concerned ought to have followed these rules even in respect of consent award under sectI'On 23A by making an occasion for negotI-atjOn Which Shall be carried out by a NegotI-atiOn Committee as under.- "8. Negotiatl'on sha" be carried out by a Negotiation Committee consisting of the foIIowI'ng OffiCI'als.I- (i) District collector (ii) Jol-nt Collector (iii) Revenue Divisl-onaI Offl'cer/ Deputy collector - Convener of the committee. (iv) Executive.EngI'neer Of a Works Department (other than the requisI-tl-Onlng Department) (v) Representatl-ve of RequjsI-tjOning Department." 9. On the other hand, the learned Assistant Government pleader relying upon the counter of the 5th respondent subml|ts that the petitioners entered into agreement with the spec[-aI Deputy collector, T.G.P. UnI-i-I, Kadapa i,e., the 5th respondent wI-th respect tO the detaI-Is of the lands, structures, trees and other {hI.ngS Wh]'Ch are specl-fically shown Ion the sat-d agreement. By taking into consI'deratl'on of the whole situation of the land which was acquired earlier, the compensation was determI-ned under the Act 30 of 2013 without leaving any acquired movable and immovable assets of the subject land of the pet'ltioners. Hence, they cannot claim further compensation in any manner. 10. ln view of the above Said facts and Circumstances, upon consideration of the rival submissions made and upon perusal of the material available On record, the controversy boils down to the rate of interest under Section 8O of the Act 30 of 2013 whether it is followed or not in respect Of the PetitiOnerS' acquisition of the subject land covered under this Writ Petition. According to the learned Assistant Government Pleader, the award Was Passed by the 5th respondent in tune with the provisions of law and whereas the learned counsel for the petitioners submits that taking into the cons-lderation of the date of possession #of the land and the joint inspection report dated 66.07.2009, the rate of interest WOuld differ aS Per Section 80 of the Act and the petit-loners are ent-ltled for 15O^o rate of interest on the award Passed by the 5th respondent. For the purpose of relOOking into the matter Only With respect to the rate of interest payable to the petitioners whether it was rightly determined or not, the respondent authorities concerned are given an opportunity once again. For which the Petitioners are Permitted tO make a representation to the 5th respondent enclosing all the necessary documents in support of their claim for claiming interest on the award of compensation for the subject land and other movable and immovable assets therein within ; period of two (2) weeks from the date Of receipt Of this Order. On receipt of such representation from the petitioners, the 5th respondent iS directed tO consider and dispose of the same strictly in accordance with law by givl-ng reasonable opportunity to all the parties concerned including the petitioners and upon verjfI-CatiOn Of the award and the other material available on record, appropriate decision sha" be taken on its own merits, as expeditiously as possible, preferably within a perI-Od Of four (4) months thereafter. ll. Accordingly the wrI't Petition iS disposed Of. There shall be no order as to costs. As a sequel, Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// To, fa SD/-G. HELA NAIDU 1. The Prl'ncipaI Secretary, Irrigation (I and GAD) Department, state of Andhra pradesh, secretariat Building, Velagapudi, Amaravathi, Guntur Djstrl-ct. 2. The Chl'ef Engineer, (projects) IrrI'gatI-On Department, Kadapa, ysR DI'StrI'Ct. 3. The Superintending Engineer projects, NTR TGP Irrigatl'on circle, Kadapa, ysR Kadapa DistrI-Ct. 4. The specI|al Collector, (Land Acqujsl-lion) Galen' Nagari sujala Sravanthi project at Kadapa, ysR Kadapa District. 5. The Special Deputy collector, Land AcquisitI-On, Telugu Ganga project Unit I at Kadapa, ysR Kadapa District. 6. The Executive Engineer, NTR TGP DI-ViSI-On, Badvel, ysR Kadapa Distrl-ct. r\co® I. ---1 10.Two CCs to GP for Land AcquisI-lion, Hl-gh Court of Andhra pradesh [OUT] ll.Two cD Copies The DistrI-Ct Collector, Kadapa, ysR Kadapa District. one cc to M/s. Sodum. Anvesha, Advocate [opuc] Two ccs to GP for lmgatl-on and command Area Development, High Court ofAndhra pradesh [ouT] - -- Cnr 4+,` .£. a| i,`.I. >. + l':." .}L. i •` ; \ . .\+ . _ i * + '`^ i + HIGH COURT DATED:04/08/2025 ORDER WP NO. 5784 OF 2021 DISPOSING OF THE W.P. WITHOUT COSTS