APHC010203322023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10470 of 2023 Between: 1. GABBIREDDY VENKATA REDDY, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, HYDERABAD (PRESENT VELAGAPUDI, AMARAVATI, A.P.) ...PETITIONER AND 1. THE STATE OF AP, S/O T E RAJAGOPALACHARI AGED 75 YEARS, R/O D.NO.167, T.P AREA, TIRUPATI, CHITTOOR DISTRICT (PRESENT TIRUPATI DISTRICT) 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT AT KADAPA. 3. THE SPECIAL COLLECTORLAND ACQUISITION, GNSS, KADAPA, YSR KADAPA DISTRICT. 4. THE SPECIAL DEPUTY COLLECTORLAND ACQUISITION, GNSS UNIT-3, MUDHANURU, 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 to issue appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No.3 and 4 failed to pass an award to the petitioner land and tress submerged in Gandikota Project situated in Sy.No.301-1A for an extent of Ac.1.75 Cents and Sy.No.301-2 for an extent of Ac.0.40 Cents total an extent of Ac.2.15 Cents in K.Sugumanchi Palli Village Fields, Kondapuram Mandal, YSR Kadapa District as arbitrary, illegal against Art.19, 21 and 300-A of the Constitution of India and consequentially direct the respondents No.3 and 4 to issue fresh notification (as the earlier notification was lapsed 2 per Section 25 of The Right to Fair Compensation and Transparency in Land Acquisiton, Rehabilitation and Resettlement Act, 2013). Counsel for the Petitioner: 1. YEDIDA AKHIL PAVAN Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 ORDER: The respondents have issued a notification dated 31.05.2016 under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 8the Act9) for acquisition of land to an extent of Acs.27.49 cents in K.Sugumanchipalli Village, Kondapuram Mandal, YSR Kadapa District for Galeru Nagiri Srujala Sravanthi Project. An extent of Ac.1.75 cents of land situated in Sy.No.301/1A and an extent of Ac.0.40 cents in Sy.No.301/2 and an extent of Acs.2.15 cents in Sy.No.301/2 were notified under Section 11(1) of the Act. 2. The respondents have passed a declaration on 04.01.2017 and thereafter the respondents have issued notice under Section 21(2) of the Act directing the petitioner to pass an Award enquiry. Thereafter, the respondents have issued notice under Section 21(4) of the Act to participate in the Award enquiry. 3. The present Writ Petition is filed to quash the entire proceedings on the ground that the Award has not been passed under Section 25 of the Act. 4. The respondent No.4 has filed and it is admitted in the counter at paragraph No.9, the issuance of Form-7 (Preliminary Notification) under Ref.No.A/61/2016 dated 26.12.2016 for the Galeru Nagiri Srujala Sravanthi Project and also admitted the publication of the Preliminary Notification in Gazette No.124 dated 31.05.2016 and the Declaration under Section 19 of the Act in Gazette No.01 dated 04.01.2017. In paragraph No.10, it is stated that a notice was issued under Section 4 21(4) of the Act on 10.02.2020, directing the petitioner to attend the office on 18.02.2020 and the legal heir of the original land owner, the petitioner herein has attended the office. It is stated that the petitioner failed to participate even in the Award enquiry and failed to produce the documents, such as 1-B register, Adangal and Pattadar Passbook to prove his title and enable the determination of compensation. As such, the delay in passing the award is directly attributable to the petitioner9s own default and non-cooperation. As per the counter affidavit, the respondents have not passed award under Section 25 of the Act even on the date of presenting the counter affidavit in the Court in the present Writ Petition. 5. Respondent No.4 issued a declaration under Section 19(1) of the Fair Compensation Act ("Third Notification"), inter alia, stating that Respondent No.5 is satisfied, after considering the reports, if any, made under sub-section (2) of Section 15 of the Act, that the said land is needed to be acquired for the said public purpose and therefore declared under the provisions of sub-section (1) of Section 19 of the said Act, that the said land was needed for said public purpose. This was published on 04.01.217. 6. Respondent No.4 issued a notice on 10.02.2020 under Section 21(1) and (4) of the Fair Compensation Act, declaring that the Government had decided to seize/take possession of subject plot. Interested persons were called upon to submit their nature of interest and the compensation claimed in respect of the subject plot. The date for the hearing of such claims was fixed on 18.02.2020. 5 7. In the present proceedings, the declaration under Section 19(1) of the Act was published on 04.01.217. No Award was passed. Under Section 23 of the Act, it is titled "Enquiry and land acquisition award by Collector". The provision requires that the Collector to "enquire into the objections (if any) which any person interested has stated pursuant to a notice given under Section 21". It then provides that the Collector "....shall make an award under his hand....". It thus, statutorily affirms the cardinal principle of natural justice that he who hears must decide. Assuming that no award was made because the petitioner did not provide documents proving his claim to the property, the respondents ought to have been extended the period as provided under first proviso to Section 25 of the Act . The section provides to the appropriate Government to extend the twelve-month period if the circumstances warrant such an extension. . 8. For effective disposal of the Writ Petition, it is imperative to extract the Section 25 of the Act. Section 25 Period within which an award shall be made. The Collector shall make an award within a period of twelve months from the date of publication of the declaration under section 19 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that the appropriate Government shall have the power to extend the period of twelve months if in its opinion, circumstances exist justifying the same: 6 Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned. 9. Admittedly, the petitioner has responded to the notice issued under section 21(4) of the Act and appeared before the authority on 18.02.2020 to the notice issued under Section 21(4) of the Act dated 10.02.2020. When the petitioner has attended to the notice issued under Section 21(4) of the Act, the respondents, particularly, the District Collector, ought to have been passed an award assigning the same reason i.e., for the failure of the petitioner to establish his right and consequently ought to have been rejected the award. No award was passed or extended the period, as outlined in the first proviso to Section 25 of the Act, and the failure o the respondents cannot be attributed to the petitioner, benefitting from their own wrongs. 10. It is settled law, where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. In support of this proposition, the Court relies upon the judgments of the Supreme Court in the case of Municipal Corporation Of Greater Mumbai Vs Abilash Lal and others, reported in (2020)13 SCC 234. 11. Admittedly, the declaration under Section 19 of the Act was passed on 04.01.2017, vide Gazette No.01. Thereafter, the respondent authorities have not passed any award justifying extension or extended the period as provided under Section 25 of the Act 30 of 2013. Therefore, entire land acquisition proceedings have lapsed as the 7 respondent authorities have not passed award under Section 25 of the Act. 12. Accordingly, the Writ Petition is allowed and the respondents are directed to initiate fresh proceedings according to the Act, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 07.01.2026 Siva/JLSR 8 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10470 of 2023 Date: 07.01.2026 Siva/JLSR