APHC010693452022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 40958/2022 Between: 1. M/S. KOTHAVALASAINFRAVENTURES PVT LTD.,, HAVING OFFICE AT 10-1-43, FLAT NO. 202, 2ND FLOOR, SIRIPURAM FORT, SIRIPURAM, VISHAKAPATNAM - 530 003 REP. BY ITS AUTHORISED SIGNATORY SRI. VENKATESWARA RAO KAMINENI ...PETITIONER AND 1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHIEF GENERAL MANAGER (LAND ACQUISITION), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI. 2. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, HANUMANTHAVAKA, VISAKHAPATNAM, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, OFFICE OF COLLECTOR, VIZIANAGARAM, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 4. THE COMPETENT AUTHORITY ANDSPL DEPUTY COLLECTOR CALA TBP UNIT 1, PARVATHIPURAM, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 5. THE CHIEF GENERAL MANAGER, NATIONAL HIGHWAY AUTHORITY OF INDIA REGIONAL OFFICE, 21, GURUNANAK COLONY ROAD TEACHERS COLONY, VIJAYAWADA 520 007, ANDHRA PRADESH 2 6. MINISTRY OF ROAD TRANSPORT AND HIGHWAYS MORTH, GOVERNMENT OF INDIA FRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI ...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 topleased to issue a direction, order or writ more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondents in not making the payment of compensation and not providing road access to the subject property from NH-130 CD as quantified and proposed by them before this Hon'ble Court in W.P.No.6185 of 2021 based on which this Hon'ble Cout vide its final Order dated 22.08.2022 has disposed of the said writ petition, and attempting to dispossess the petitioner from the subject property without payment of any compensation, as absolutely illegal, arbitrary, unconstitutional and contrary to the provisions of the National Highways Act, 1956 and consequently direct the respondents to make payment of compensation forthwith and without., further delay, as quantified and proposed by them before this Hon'ble Court in W.P. No.6185 of 2021 and in terms of the final Order dated 22.08.2022 passed by this Hon'ble Court, and pass IA NO: 1 OF 2022 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 not to dispossess the Petitioner from the subject property pending the final disposal of the present writ petition and pass IA NO: 1 OF 2024 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 graciously be pleased to Vacate the interim order passed by this Hon’ble Court on 20.12.2022, thereby removing the Stay on the further land acquisition proceedings in relation to the subject lands and to dismiss and dispose off the Writ Petition; and/ or, to pass Counsel for the Petitioner: 1. D S SIVADARSHAN Counsel for the Respondent(S): 3 1. CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM 2. GP FOR REVENUE The Court made the following: ORDER:- Heard Sri D.S.Sivadarshan, learned counsel for the petitioner, Sri P.Veera Reddy, learned Senior Counsel appearing for Ms. Sodam Anvesha, learned Standing Counsel for NHAI (respondent Nos.1, 2 and 5), learned Assistant Government Pleader for Revenue appearing for the respondent No.3 and learned Government Pleader for Land Acquisition appearing for the respondent No.4. 2. The petitioner filed the instant writ petition seeking following relief: “……to issue a direction, order or writ more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondents in not making the payment of compensation and not providing road access to the subject property from NH-130 CD as quantified and proposed by them before this Hon’ble Court in W.P.No.6185 of 2021 based on which this Hon’ble Court vide its final Order dated 22.08.2022 has disposed of the said writ petition, and attempting to dispossess the petitioner from the subject property without payment of any compensation, as absolutely illegal, arbitrary, unconstitutional and contrary to the provisions of the National Highways Act, 1956 and consequently direct the respondents to make payment of compensation forthwith and without further delay, as quantified and proposed by them before this Hon’ble Court in W.P.No.6185 of 2021 and in terms of the final Order dated 22.08.2022 passed by this Hon’ble Court, 4 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 3. When the matter was taken up for consideration today, the learned counsels appearing for the petitioner and National Highways Authority of India (NHAI) have placed before the Court a copy of the Interim Settlement Agreement entered into between the petitioner and NHAI. Under the said Agreement, the petitioner has, inter alia, agreed to receive interim ad-hoc compensation in respect of the subject land. And the NHAI had agreed to deposit the compensation amount of Rs.24.98 Crore with the Competent Authority for Land Acquisition (CALA), Vizianagaram, for an extent of 20.41 Acres, which is inclusive of interest of Rs.5.61 Crore up to 31.12.2025, as an interim ad-hoc compensation payable to the petitioner, pending disposal of the appeal. It was agreed that the petitioner would receive the said interim ad-hoc compensation amount, under protest and without prejudice to their claim of compensation as per law, and it was further agreed between the parties that they are at liberty to challenge the award passed pursuant to 2025 LA Notifications in respect of 4.17 Acres of land. Further, upon receipt of the above payments mentioned in Clause 1(c) of the said Agreement by the petitioner, the petitioner would hand over the physical possession of the subject land encumbrance free to NHAI. It is further agreed between the parties herein that the part compensation amount agreed under the subject Agreement would only be an interim settlement and the same shall not be construed 5 as final compensation payable by NHAI to the second party, the petitioner herein. It has been further agreed between the parties that the payment by NHAI and receipt of payment by the petitioner is without prejudice to their respective rights and contentions in the ongoing legal proceedings including the Arbitration OPs pending before the learned Principal District Judge Court, Vizianagaram and further legal proceedings as per law. 4. Learned counsel appearing for NHAI further brought to the notice of the Court, a letter addressed by NHAI to the Competent Authority, LA, NH-130CD & Revenue Divisional Officer, Vizianagaram, dated 27.02.2026, wherein it has been mentioned that as per the Interim Settlement Agreement dated 03.02.2026, a sum of Rs.29.13 Crore was deposited into the CALA’s account on 26.02.2026, which is the tentative entitlement of the petitioner towards compensation and the final amount shall be decided, based on the judgment that would be passed, as agreed between the parties under Clause 1(c) of the Interim Settlement Agreement. Thus, NHAI requested CALA to disburse the said amount of Rs.29.13 Crore in favour of the petitioner and hand over the possession of land pertaining to the subject award(s). 5. When the matter has been coming up for further hearing, learned Government Pleader for Land Acquisition has placed before the Court, a copy of latest instructions received by him, in the said regard. A perusal of the same would reflect that the entire issue was placed before 6 the District Collector, Vizianagaram and he has instructed that an affidavit may be obtained from the petitioner before the release of the interim ad-hoc compensation amount in favour of the petitioner as per the Interim Settlement Agreement dated 03.02.2026. The learned counsel appearing for the petitioner would submit that the said affidavit has been filed before the CALA. Therefore, sought a direction to the CALA to disburse the amount in favour of the petitioner. 6. Having regard to the above, in view of the Interim Settlement Agreement dated 03.02.2026, and having regard to the Clauses of the said Agreement entered into by both the parties and the letter of the NHAI dated 27.02.2026 to the CALA, this Court deems it appropriate to dispose of the writ petition, directing the CALA to disburse the amount in favour of the petitioner, as agreed under the Interim Settlement Agreement, and as has been agreed by the parties under the said Agreement that the payment would be subject to the outcome of the appeal (arbitration) pending before the District Judge, Vizianagaram. As soon as the amount is credited to the petitioner’s account, the petitioner shall hand over the physical possession of the subject land to the NHAI. 7. The writ petition is accordingly disposed of. There shall be no order as to costs. 7 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 13.03.2026 ANI 8 102 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 40958 of 2022 Dated: 13.03.2026 ANI