I 4 APHC010100272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^ AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE TARLADA WRIT PETITION NO: filfid of WEDNESDAY.THE THIRTEENTH RAJASEKHAR RAO Between: 1- Pilli Ankamma, W/o.Late Pilli House-Wife 2. Chennamshetty Mohan Rao. S/o.Krishnaiah Agriculturist, 3. Chennamshetty Rajamma, W/o. House-Wife, Chinna Ankaiah, Aged 66 years, Occ Aged about. 56 years, Occ Late Chittibabu, Aged 66 years, Occ All are R/o.Adurupalli Village, Chejerla Mandal, SPSR Nellore District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Government, Water Resource Velagapudi, Guntur District. 2. The State of Andhra (Irrigation) Department, District. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary (Finance) Department. Secretariat Bcildings, Velagapudi, Guntur District ■ The State cf Andhra Pradesh, Rep. by its Financial Chief Secretariat Buildings, Velagapudi, Guntur District. Rep. by its Special Chief Department, AP Secretariat Buildings Pradesh, Rep. by its Principal Secretariat Buildings, Velagapudi Secretary to Secretary Guntur Secretary, 5. The District Collector, Nellore, SPS 6. The Special Deputy Collector (LA) Nellore, SPS Nellore District. 7. The Special Collector, Telugu Ganga Project District. Nellore District. Telugu Ganga Project, Rapur at Nellore, SPSR Nellore flK- ...RESPONDENTS Petition under Article 226 of the Constitution Of India praying that in the - in the affidavit filed therewith, the High Court appropriate Writ, Order or direction circumstances stated i pleased to Issue may be more particularly one in the nature of Writ of Mandamus declaring the action of the respondents failed to pay the Land Acquisition extent of Ac.2.95 Cents amount to the petitioners DKT lands for ^ ^ submerged in Kandaleru Dam under Telugu anga reject in Gundavolu Village, Rapur Mandal, SPSR Nellore District by e respondents by passing an order exgratia by the 7th respondent through rr«" Rs.78,44,510/- (Rupees Seventy Eight Hundred Ten Only) to the an Lakhs Forty Four Thousands Five petitioners as arbitrary, illegal against Art. 19, 21 Constitution of India and and 300-A of the consequentially direct the above exgratia amount immediately with 15% interest from 16-10-2023 till the date No.30 of 2013. Respondents to deposit the of payment as per Section 80 of Act jA NO: 1 OF 7C\o^ in th/^rr'"' ''' “^cumstances stated direct the r" h direct the Respondents to pay the exgratia amount to the petitioners with 15% passing order for payment of exgratia to the Forty Four Th Seventy Eight Lakhs Thousands Five Hundred Ten Oniy) pending disposai interest from Dt; 16-10-2023 petitioners land for of the above writ petition. Counsel for the Petitioners: SRI T. SRINIVASULU Counsel for the Respondent Nos.1 & 2:GP FOR IRRIGATION AND CAD Counsel for the Respondent No.3 & 4: Counsel for the Respondent Nos.5 to 7: The Court made the following order: GP FOR FINANCE PLANNING GP FOR LAND ACQUISITION THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.5184 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “...pleased to issue appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents failed to pay the Land Acquisition amount to the petitioners DKT lands for an extent of Ac.2.95 Cents was submerged in Kandaleru Dam under Telugu Ganga Project in Gundavolu Village, Rapur Mandal, SPSR Nellore District by the respondents by passing an order exgratia by the 7*" respondent through Rc.D 1/214/2022, Dt.16.10.2023 as per Act No.30 of 2013 for an amount of Rs.78,44,510/- (Rupees Seventy Eight Lakhs Forty Four Thousands Five Hundred Ten Only) to the petitioners as arbitrary, illegal against Art. 19, 21 & 300-A of the Constitution of India and consequentially direct the Respondents to deposit the above exgratia amount immediately with 15% interest from 16.10.2023 till the date of payment as per Section 80 of Act No.30 of 2013 and to pass such other order or orders ” 2. Learned Assistant Government Pleader furnished proceedings/ correspondence addressed by the Special Deputy Collector (LA)(l/c), to the Government Pleader for Land Acquisition, High Court of Andhra Pradesh. 3. This Court feels that it is imperative to extract • the relevant paragraphs of the said proceedings/correspondence, which is reproduced hereunder (part of the record): 2 “Further it is submitted that (G.O.Ms.No.259 Revenue the Government have iissued orders (Assn.l) Department dt.21.06.2016) issued in G.O.Ms.No.1307, Rev 23.12.1993 in 4(ii) stating that “The resumed assigned lands shall be as per the provisions of the in supersession of the orders i (Ass. I) department dated compensation for the par with patta lands Compensation paid on Right to Fair Acquisition, or any other L.A. Act and Transparency inland Rehabilitation and Resettlement in force in the State”. Act, 2013 The proposals were prepared as per (Assn.l) Department GO.Ms.No.259, 21.06.2016. Revenue dated It is submitted that the and submitted to (Rupees Seventy eight lakhs and ten only) of DKT land ex-gratia proposals has been an extent of Ac.2.95 prepared cents for Rs.78,44,510/- forty four thousand five hundred ' ' approved Rc D 1/214/2022 dt. 16.10.2023. It is submitted that the Executive No.1, Nellore has been i the bill in CFMS displaypd Engineer. SSLC & SB Division issued A.S. & T.S. IDs portal but bill number and uploaded not generated and level. as Insufficient funds at HOD generated by other DDO’s”. Bills already Further, it i IS submitted that the then LAO has to allocate the budget of Rs.78,44,510/- dt.09.02.2024 & 08.01.2025 at an early date already requested vide Rc.A.36/2021 But budget allotment not received so far. Further it is submitted that Compensation as per the Right to r„.. Transparency in Land Acquisition! Fair and 3 Rehabilitation and Resettlement Act 2013 under section 80, for payment of interest on the award amount at the rate of 9% per annum from the date of taking possession land to the date of payment of amount within one year and after that 15% interest But in the instant case the per annum has to be paid, possession of the land has not been taken from the land owners so far and not handed over to the requisition The land is still under the possession and department, enjoyment of the petitioners only. Hence the petitioners are not entitled for the relief as per the Right to Fair Compensation and Transparency in Land Acquisition, rehabilitation and Resettlement Act, 2013. In the said correspondence, it is stated that the possession of the 4. land has not been taken from the petitioners so far and not handed over to the requisition department. Hence the petitioners are not entitled for interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (Hereinafter called as Act) The correspondence from the Special Deputy Collector to the Government Pleader's office indicates that compensation will be paid to 5. land assignees on par with the landowners. The ex-gratia proposals have been prepared, and the Executive Engineer of the SSLC & SB Division No. 1 in Nellore has been issued A.S. & T.S. IDs and has-uploaded the bills to the CFMS portal; however, the bill number has not been generated and is noted as "Insufficient funds at HOD level. Bill already generated by 4 other DDOs." Upon reviewing the correspondence, the Court that the petitioners concludes as the respondents have admitted the petitioners' entitlement are entitled to compensation not only disputed this but have also to compensation. The only dispute are entitled to interest under Section 80 of the remaining is whether the petitioners Act. 6. Whether the respondents have disputed question of law? authority under the Act. taken the possession This has to be decided by the or not is the appropriate 7. Therefore, this Writ respondents herein to the land Petition is disposed of pay the compensation to the directing the petitioners herein for acquired and the statutory benefits under the Act a period of three months from the date of matter to the petitioners as expeditiously as possible within receipt of the order and it iIS also further directed to refer the authority under the Act, to address the issue raised by the to interest under Section 80 of herein regarding their entitlement There shall be no order as to costs. the Act. As a sequel thereto, stand closed. miscellaneous petitions pending . if any, shall Sd/-B.PRASADA RAO assistant,REGISTRAR //TRUE COPY// SECTIONi OFFICER To, 1- The Special Chief Department, State of Andhra Pradesh, Velagapudi, Guntur District. 2. The Principal Secretary (Irrigation) Department, Pradesh, Secretariat Buildings, Velagapudi, Secretary to Government, Water Resource Secretariat Buildings, AP State of Andhra Guntur District. 3. The Principal Secretary (Finance) Department, State of Andhra Pradesh. Secretariat Buildings, Velagapudi, Guntur District. 4. The State of Andhra Pradesh. Rep. by its Financial Chief Secretary, Secretariat Buildings, Velagapudi, Guntur District. 5. The District Collector, Nellore, SPS Nellore District. 6. The Special Deputy Collector(LA), Telugu Ganga Project, Nellore, SPS Nellore District. 7. The Special Collector, Telugu Ganga Project, Nellore, SPSR Nellore District. 8. One CC to Sri T. Srinivasulu, Advocate [OPUC] 9. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies Rapur at ssb HIGH COURT DATED:13/08/2025 2 29 AUG 2025 ^ Vilr ^‘'"ent Section , ORDER WP No.5184 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS