APHC010297422021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17506/2021 Between: 1. PEELA PADMAVATHI, W/O PVSJ MOHAN RAO, AGED ABOUT 56 YEARS, R/O D.NO. 10-19-1, NEYYALA VEEDHI, ANAKAPALLI, VISAKHAPATNAM DISTRICT. 2. YALAPATI LEELA MADHAVA RAO, S/O VENKATA KRISHNAYYA, AGED ABOUT 75 YEARS, R/O D.NO. 19-9-18, HIGH SCHOOL ROAD, NEW GAJUWAKA, VISAKHAPATNAM. 3. YADLAPATI RAVI KIRAN, S/O LEELA MADHAVA RAO, AGED ABOUT 49 YEARS, R/O D.NO. 19-9-18, HIGH SCHOOL ROAD, NEW GAJUWAKA, VISAKHAPATNAM. 4. GOPISETTY VENKATA RAMANA RAO,, S/O LATE SATYANARAYANA, AGED ABOUT 59 YEARS, R/O D.NO. 50- 13-27C/18, FLAT NO 18, PADMAJA APARTMENT, BEHIND DURGA GANPATHI TEMPLE, SEETHAMPETA, VISAKHAPATNAM. 5. GOPISETTY KANAKA LEELA MAHALAKSHMI,, W/O VENKATA RAMANA RAO, AGED ABOUT 48 YEARS, R/O D.NO. 50-13- 27C/18, FLAT NO 18, PADMAJA APARTMENT, BEHIND DURGA GANPATHI TEMPLE, SEETHAMPETA, VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE UNION OF INDIA, REP BY ITS SECRETARY, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), NEW DELHI. 2 2. THE COMPETENT AUTHORITY CUM SPECIAL DEPUTY COLLECTOR, , NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), HANUMANTHAWAKA JUNCTION, BESIDES VIMS HOSPITAL, VISAKHAPATNAM. 3. STATE OF ANDHRA PRADESH, REP., BY IT'S PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 4. THE DISTRICT COLLETOR CUM DISTRICT MAGISTRATE, VISAKAHAPTNAM DISTRICT, VISAKAHAPTNAM. ...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 a writ, order or direction, especially one in the nature of Writ of Mandamus, declaring action of the respondent authorities in not paying the compensation amount pursuant to the Award No. 53/2018 dated 26-11-2018 passed by the 2nd Respondent vide RC. No. 114/2016/SSRI/ dated 26-11-2018 in respect of 2914 Sq. meters in S.No. 21/1 of Shankaram Village, Anakapalli Mandal, Visakhapatnam District as illegal, arbitrary, violative of the provisions of National Highways Act 1956 and violative of Art. 300A of the Constitution of India, and consequently direct the respondent authorities to pay the compensation amount in respect of Award No. 53/2018 dated 26-11-2018 vide RC. No. 114/2016/SSRI/ dated 26-11-2018 in respect of 2914 Sq. meters in S.No. 21/1 of Shankaram Village, Anakapalli Mandal, Visakhapatnam District and pass IA NO: 1 OF 2021 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 3rd respondent to pass necessary orders in respect of letter addressed by 4th respondent vide Rc.No. 75/2020/SA, dated 28-6-2020 qua Award No Award No. 53/2018 dated 26-11-2018 vide RC. No. 114/2016/SSRI/ dated 26-11¬2018 in respect of 2914 Sq. meters in S.No. 21/1 of Shankaram Village, Anakapalli Mandal, Visakhapatnam District pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 3 1. MANASA KANNEGANTI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. MUDUNURI ANAND KUMAR (SC FOR NHAI) The Court made the following Order: Heard Sri T.V. Jaggi Reddy, learned counsel representing Smt. Manasa Kanneganti, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and Sri V.M. Krishna Rao, learned counsel representing Sri M. Anand Kumar, learned Standing Counsel for NHAI. 2. It is contended that in a private layout of a Gram Panchayat the petitioners have purchased following extents of plots. The same were acquired by the respondents under the provisions of National High Ways Act, 1956. The details of the same are as follows: PETITIONER PLOT NO. EXTENT LAND ACQUIRED 1st Petitioner 29 and 30 688 458 2nd Petitioner 66 and 67 651 2000 3rd Petitioner 63,64,65 1080+490 4th Petitioner 31 282 434 5th Petitioner 32 300 4 3. It is contended that a notification under Section 3A(1) of the National High ways Act,1956 (herein after referred as ‘the Act’) was issued for widening of existing 4 lane into 6 lane. For determination of the compensation amount a notice under Sec.3G(3) of the Act was published, wherein the names of the 1st, 4th and 5th petitioners was shown as interested persons. The names of the petitioners 2 and 3 have not been shown. The petitioners have made representation to the respondents to fix the compensation. It is contended that without following the procedure under the Act, the award under u/s.3G of the Act was passed on 26-11-2018. Out of the extents mentioned under column 3, extents mentioned under 4th column were acquired. The contention of the respondents is that the remaining extent of 222 + 148 square yards was left out from acquisition rendering the same useless. 4. The petitioners contend that they were unaware that the award was passed in the case. Till such time, the information was obtained under the RTI Act. It is contended that in the award, except for the names of the petitioners 2 and 3, other names were shown. Citing clarifications that were sought pursuant to the amendments made to the AP (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, in 2013, the compensation amount was not paid to the petitioners. It is the further contention of the petitioners that, while passing the award, the respondents did not follow the procedure under the Act; as a result, the petitioners could not participate in the enquiry, 5 and the material was not placed before the authorities for the determination of the compensation amount. Seeking payment of compensation, the instant writ petition has been filed. 5. When the matter has been taken up for consideration today, learned Assistant Government Pleader for Revenue has placed before the Court a copy of instructions received by him in the case. A perusal of the same would reflect that under the Award in No.53/2018, dated 26.11.2018 compensation payable in respect of 2914 Sq.mtrs of land in Sy.No.21/1 of Shankaram Village, which lands are the subject matter of the present writ petition, was determined at Rs.59,79,298/- . It appears from the said written instructions in the case, that the petitioners, not being satisfied with the compensation amount, filed an Appeal in Appeal No.82/2023 before the Arbitrator, the District Collector, Visakhapatnam, appointed by the Central Government vide Government of India Gazette No.2858, dated 09.10.2017, as an arbitrator, for enhancement of the compensation amount without receiving the compensation amount determined under the Award. The arbitrator had also granted liberty to the petitioners to receive the compensation and then approach for arbitration. However the petitioners did not so far submit any application to receive the compensation and did not attend before the arbitrator till date. Thus the issue is pending for adjudication before the Arbitrator. 6 6. Learned counsel for the petitioners has placed before the Court a copy of proceedings, dated 13.09.2022 issued by the District Collector, Visakhapatnam to the Special Deputy Collector, Visakhapatnam. Under the said proceedings, it has been stated that in this regard a committee was constituted and the committee has found that the claimants are entitled to receive compensation as the lands are not vested with any charitable institutions or Endowments Department. In view of the same, the District Collector, Visakhapatnam requested the land acquisition officer to follow the instructions of the committee for payment of the Compensation. 7. In view of the same, the District Collector has directed the Land Acquisition to follow instructions of the Committee and pay the compensation to the persons who are having valid documents of Service Inam Lands. 8. Considered the submissions. Having regard to the latest report that has been placed before the court by the Competent Authority for LA & Special Deputy Collector, NH-16 (LA),Visakhapatnam, this Court deems it appropriate to grant liberty to the petitioners to receive the compensation amount due to them and is also at liberty to file an appeal before the appropriate authority, the respondent No.2, if aggrieved. 7 9. The petitioners are thus at liberty to file an application before the appropriate authority seeking release of the compensation amount before the respondent No.2. Upon filing of such an application, the respondent No.2 shall pass orders for releasing the compensation amount in favour of the petitioners within a period of four (04) weeks from the date of filing of such an application. If the petitioners are not satisfied with the quantum of compensation amount determined, the petitioners are at liberty to file an appeal before the Arbitrator under Section 3(G)(5) of the Act. 10. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 26-02-2026 MSI 8 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17506/2021 Dated: 26-02-2026 MSI