APHC010723622022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.193 of 2023 Between: 1. IMMADISETTY KOTESWARA RAO, S/O I VENKATESWARA RAO, AGED ABOUT 47 YRS, OCC. PVT. EMPLOYEE, R/O D.NO.WB 4-136, IMMADISETTIVARI PALEM, SURYALANISA RD., BAPATLA, BAPATLA POST AND MANDAL, GUNTUR DISTRICT (NOW BAPATLA DISTRICT), A.P. 522 101 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE JOINT COLLECTOR II CUM COMPETENT AUTHORITY FOR LAND ACQUISITION, NH 216, 0/O OF DISTRICT COLLECTORATE, GUNTUR, GUNTUR DISTRICT, A.P. - 522 004. 3. THE JOINT COLLECTOR CUM COMPETENT AUTHORITY FOR LAND ACQUISITION, NH 216, 0/O OF DISTRICT COLLECTORATE, BAPATLA, BAPATLA DISTRICT, A.P. - 522 101. 4. THE UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI - 110075. 5. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, CORPORATE OFFICE AT G5 AND G6, SECTOR10, DWARAKA, NEW DELHI. 6. THE REGIONAL OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, D.NO.41-29-45A, KODANDA RAMALAYAM, 2 CHALASANI NAGAR, RANI GARI THOTA, KRISHNALANKA, VIJAYAWADA, KRISHNA DISTRICT A.P.- 520013. 7. THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT, NATIONAL HIGHWAYS AUTHORITY OF INDIA, D.NO.41-29-45A, KODANDA RAMALAYAM, CHALASANI NAGAR, RANI GARI THOTA, KRISHNALANKA, VIJAYAWADA, KRISHNA DISTRICT , A.P.- 520013. ...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 an appropriate Writ, Order or Direction, more particularly one in the nature or Writ of Mandamus declare the action of the respondents for not paying the interest amount on the compensation amount in respect of acquired land of the petitioner in an extent of 1000 square meters in Sy.No.214/2B, situated at Maruproluvaripalem village, Bapatla Mandal, Guntur District vide Award No.19/2017/NH-216, Reference No.5443/2012-G2, dt.31.07.2017, Serial No.109 for the purpose of up-gradation of laying National Highway No.216 from Km.127.900 to Km.195.355 was acquired vide 3A notification dt.22.03.2016 is illegal, arbitrary and unconstitutional and consequently direct the respondents to pay the interest amount on the compensation amount in respect of Award No.19/2017/NH-216, Reference No.5443/2012-G2, dt.31.07.2017, Serial No.109. Counsel for the Petitioner: 1. RAJENDRA BUSSA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION 3. S S VARMA (SC FOR NHAI) The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "……to issue an appropriate Writ, Order or Direction, more particularly one in the nature or Writ of Mandamus declare the action of the respondents for not paying the interest amount on the compensation amount in respect of acquired land of the petitioner in an extent of 1000 square meters in Sy.No.214/2B, situated at Maruproluvaripalem village, Bapatla Mandal, Guntur District vide Award No.19/2017/NH- 216, Reference No.5443/2012-G2, dt.31.07.2017, Serial No.109 for the purpose of up-gradation of laying National Highway No.216 from Km.127.900 to Km.195.355 was acquired vide 3A notification dt.22.03.2016 is illegal, arbitrary and unconstitutional and consequently direct the respondents to pay the interest amount on the compensation amount in respect of Award No.19/2017/NH-216, Reference No.5443/2012-G2, dt.31.07.2017, Serial No.109 and pass such other orders……" 2. The present Writ Petition is filed aggrieved by the action of the respondents in not paying the interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act 30 of 2013’). 4 3. It is admitted in the affidavit filed in support of the Writ Petition that the petitioner has received the compensation of Rs.25,48,871/- on 09.03.2021. It is the grievance of the writ petitioner that the respondents have not paid interest to which the writ petitioner is entitled interest under Section 80 of the Act 30 of 2013 and also relied on the order of a Division Bench of this Court in Writ Appeal No.1043 of 2022 dated 29.07.2025. Hence, prayed to direct the respondents to pay interest under Section 80 of the Act 30 of 2013. 4. A Division Bench of this Court after referring the provisions of Section 23(1)(A) of the old Land Acquisition Act, 1894, and Act 30 of 2013 held that the claimants are entitled to interest under Section 80 of the Act 30 of 2013 from the date of loss of possession. The Division Bench further held that the date of actual loss of possession cannot be determined by the Court without any further documentation, hence remanded back to the competent authority for a determination as to the date on which the possession of the land had been lost by the claimants. 5. Hence, the petitioner prays to direct the respondents to pay interest under Section 80 of the Act 30 of 2013 from the date of possession. 6. The 4th respondent-Ministry of Road Transport and Highways filed counter and they have not stated anything with regard to the entitlement of the interest under Section 80 of the Act 30 of 2013. The contention that was taken by the petitioner that he is entitled interest under section 80 of Act 30 of 2013, the 4th respondents has not denied either 5 specifically or evasively then the said contention shall be to be admitted or accepted under law. 7. The 3rd respondent-Competent Authority for Land Acquisition (CALA) filed counter and stated that the possession means physical possession and it is further stated that the writ petitioner has not handed over the physical possession of the land to the CALA till the date of deposit of the award amount. 8. On careful perusal of the affidavit filed in support of the Writ Petition and on perusal of the counter affidavits filed by the respondent Nos.3 and 4, nowhere it was stated when the physical possession was taken. 9. Learned counsel for the 4th respondent submitted that there is no such procedure contemplated under the National Highways Act for taking of advance possession invoking urgency clause under Section 17 under the Land Acquisition Act, 1894. 10. Learned counsel for the petitioner would contend that, in the absence of a specific date mentioned in the counter and the absence of evidence regarding when possession was taken, it would be futile to refer the matter to the authority for determining the date of possession. It is argued that possession should be considered as having been taken on the date of the declaration of publication under sub-section (2) of Section 3D of the National Highways Act, which would streamline the process. 6 11. For effective disposal of the Writ Petition, it would be imperative to extract Section 3D of the Act 30 of 2013. Section 3D of the Act: (1) : Where no objection under sub- section (1) of section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub- section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of section 3A. (2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances. (3) Where in respect of any land, a notification has been published under sub-section (1) of Section 3A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect: Provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub- section (1) of Section 3A is stayed by an order of a court shall be excluded. 7 (4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any Court or by any other authority. 12. A Division Bench of this Court held the claimants (land losers) are entitled to interest under Section 80 of the Act 30 of 2013. The key issue fall for consideration is when the date of taking possession shall be reckoned in the absence of no evidence is recorded elsewhere. Such dispute which can be decided by the authority, as the authorities may present one date while claimants provide another, adducing oral evidence. In the absence of panchanama recording the evidence of taking possession, the respondents cannot provide evidence to affirm the date of possession. Sub-section 2 of Section 3D outlines that on the publication of the declaration under sub-section (2) of Section 3D, the land shall vest absolutely in the Central Government free from all encumbrances. Thus, the date on which possession was taken is considered the date of declaration for all purposes and referring the issue to the authority is a futile exercise or no purpose will be served, therefore, this court agree with the argument put forth by the learned counsel for the petitioner. When there is no specific date available regarding taking of peaceful possession, it shall be deemed that the possession was taken under sub-section 2 of Section 3D of the Act which corresponds the date of declaration. 13. Accordingly, the present Writ Petition is disposed of, directing the respondents to calculate and pay interest to the petitioner under Section 80 of the Act 30 of 2013 from the date of declaration. It is understood 8 that the payment of interest shall be with a period of six (6) weeks from the date of receipt of the 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: 29.01.2026 siva 9 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.193 of 2023 Date: 29.01.2026 siva