1 APHC010338632021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21053/2021 Between: 1. M/S.RAVI INSULATING COMPANY, REP BY ITS MANAGING PARTNER GOGINENI RAVI KUMAR, S/O. LATE SESHAGIRI RAO, AGED 67 YEARS, R/O. GOGINENIPURAM VILLAGE, GUDUR MANDAL, S.P.S.R.NELLORE DISTRICT. 2. GOGINENI NAGA SIRISHA,, W/O. RAVI KUMAR, AGED 60 YEARS, OCC PROPERTIES, R/O. GOGINENIPURAM VILLAGE, GUDUR MANDAL, S.P.S.R.NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, S.P.S.R.NELLORE DISTRICT AT NELLORE. 3. THE LAND ACQUISITION OFFICER CUM REVENUE DIVISIONAL OFFICER, NELLORE, S.P.S.R.NELLORE DISTRICT. 4. THE TAHSILDAR, MUTTUKURU MANDAL, S.P.S.R.NELLORE DISTRICT. 5. KRISHNAPATNAM PORT LTD, , REP BY ITS MANAGING DIRECTOR, NATCO HOUSE, BANJARA HILLS, ROAD NO.2, HYDERABAD, 2 TELANGANA STATE. ...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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, in not finalizing Land Acquisition Proceedings nor paying compensation for the total land in an extent of Ac.23.18 cents in Survey No.427, 428, 429, 430, 431 of Krishnapatnam Revenue village in Muthukur Mandal in S.P.S.R.Nellore District, acquired by them for the purpose of Krishnapatnam port pursuant to notice in Form 2A in R.C.G. 1/2245/06. dated 02.05.2006 issued by 2nd respondent, as illegal, irregular, irrational and violative of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay compensation to petitioners payable for their aforesaid lands together with all statutory benefits under the provisions of Central Act 30 of 2013 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 respondents to consider and initiate necessary action on petitioners' representation dated 03.08.2021 submitted for payment of compensation to petitioners payable for their lands of Ac.23.18 cents in Survey No.427, 428, 429, 430, 431 of Krishnapatnam Revenue village in Muthukur Mandal in S.P.S.R.Nellore District together with all statutory benefits under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the main Writ Petition and pass IA NO: 1 OF 2023 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 receive Reply Affidavit on record by allowing the Leave Petition in the above Writ Petition IA NO: 1 OF 2025 3 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 may be pleased to permit the petitioners to file hereto annexed documents as additional documents in WP No. 21053 of 2021 in the interest of justice and pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GINJUPALLI SUBBA RAO The Court made the following Order: Heard Smt. Nimmagadda Revathi, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and Sri R. Satish Babu, learned counsel representing G. Subba Rao, learned counsel for the unofficial respondent No.5. 2. The grievance of the petitioners in the instant Writ Petition is against the action of the respondents in not finalizing the land acquisition proceedings pursuant to the notification, dated 02.05.2006 in respect of the subject land of an extent of Ac.23.18 cents in Sy.No.427, 428, 429, 430 & 431 of Krishnapatnam Revenue Village in Muthukur Mandal in SPSR Nellore District and consequently sought for a direction to pay the compensation in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. It is contended that the petitioners are the absolute owners and possessors of the subject property to the extent of Ac.23.18 cents in 4 Sy.Nos.427, 428, 429, 430 & 431 of Krishnapatnam Revenue Village in Muthukur Mandal in SPSR Nellore District, having purchased the same from their vendors for valid sale consideration, vide different sale deeds between 1988 and 2006. The subject property in the instant Writ Petition was proposed for acquisition under the provisions of the Land Acquisition Act, 1894. Accordingly, the notification under Section 4(1) of the Act was issued on 02.05.2006, invoking the urgency clause and dispensing with enquiry under Section 5A of the Act. Upon issuance of the said notification, the respondents have taken over the possession of the subject land from the petitioners and have proposed to allot alternate land to the petitioners. The petitioners contend that after taking possession of the lands, the respondents neither allotted alternative land nor paid compensation to the petitioners. Thus, the petitioners filed a Writ Petition before this Court in W.P.No.4818 of 2018 seeking appropriate direction to the respondents to finalise the issue. The petitioners have also submitted a representation on 03.08.2021 requesting payment of compensation. However, no further action has been taken pursuant to the taking over of the possession of the lands of the petitioners. Thus the instant Writ Petition is filed. 4. The respondent No.4 filed counter affidavit contending that the award was not passed on account of the pendency of the Writ Petitions filed by the petitioners in W.P.Nos.10096 & 10097 of 2006. It is further contended by the respondents that since the land acquisition was initiated under the old provisions of Land Acquisition Act, 1894 there is no provision either under the 5 said Act or in the present Act, RFCTLARR Act, 2013 for payment of compensation for the subject lands. Thus prays for dismissal of the Writ Petition. 5. The petitioners have filed an additional affidavit to bring on record the proceedings issued by the 2nd respondent, the minutes of the Negotiation Committee constituted for determination of the amount of compensation under Sec.26(1)(a) of the Act. 6. Considered the submissions. Perusal of the record would disclose that pursuant to the requisition made by the Chief Executive Officer, AP Maritime Board, to acquire the subject lands, for development of Krishnapatnam Port, proposals for issuance of notification in Form-C u/s.11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 were approved. The Collector vide proceedings dated 23-05-2025, requested the RDO, who is authorised to perform the duties of a land acquisition officer, to receive any objections filed u/s. 15 of the Act within 15 days from the date of notification and to dispose of such objections in accordance with the provisions of the Act. The Revenue Divisional Officer was further requested to issue notice to the landowners inviting them to participate in the District Level Negotiation Committee. In July 2025, the Negotiation Committee was constituted for the fixation of market value. In the meeting, the petitioners’ authorised representative participated and submitted that, since their lands were non-agricultural lands, they requested the fixation of market value by treating the lands as lands “fit for 6 house sites”. In this regard, DLNC called for a report from the Revenue Divisional Officer – Special Deputy Collector and the Maritime Board to examine the contents of the petitioners and submit a note on the fixation of market value. The learned counsel for the petitioners contends that it has been more than six months since the DLNC took the said decision; however, no further orders have been passed since the said committee met. Thus, seeks a direction to the respondents to take all necessary steps for the payment of compensation. 7. The petitioners have been deprived of their property since 2010. They were deprived not only of the enjoyment of the property and the income that would be derived from the subject properties but also of their emotions attached to the same. When a person is deprived of his possession of immovable property by acts of the state, it is incumbent on the state to ensure that either compensation for the property is awarded or, in lieu thereof, land is allotted. It is pertinent to note that that the petitioners have not only lost their property, they have parted their sentimental values attached to the land for nothing in return. 8. Since it has been more than 16 years since the respondents took possession of the subject property, and since the respondents have taken no measures for payment of compensation, this Court deems it appropriate to direct the respondents to pay compensation to the petitioners as expeditiously as possible not later than four (04) months from the date of receipt of the order. 7 9. 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: 05.03.2026 MSI 8 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21053/2021 Dated: 05.03.2026 MSI