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High Court of Andhra Pradesh · body

2026 DAILYLAW 7762 (AP)

B.K.C. Chokkalingam v. The Union of India,

WP/35321/2018 · 2026-08-04

V Sujatha

body2026

Judgment text

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APHC010733652018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35321 OF 2018 Between: 1. B.K.C. Chokkalingam, S/o. B.K.C Chinnapasetty, Aged about 71 years, Occ. Agriculture, R/o. 172, Krishnagiri Main Road, Buruguru Post and Town, Krishnagiri District. Tamilnadu State. ...Petitioner AND 1. The Union of India, Rep. by its Secretary, Ministry of Road Transport and High Ways, 5th Floor, Transport Bhavan, 1, Sandad Marg, Gokul Nagar, Sansad Marg Road, New Delhi- 110 001. 2. National Highways Authority of India, G5 and G6, Sector-10, Dwaraka, New Delhi - 110 075, Rep.by its Chairman. 3. The National Highway Authority of India, Plot No.21, Teachers Colony, Gurunanaknagar road, Vijayawada, Krishna District, Rep. by Project Director. 4. The Joint CollectorcumLand Acquisition Officer, Kuppam to Krishnagiri (NHAI), Chittoor, Chittoor District. 5. The Project Director, National Highways Authority of India, Door No.259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri-635001, Tamilnadu State. ...Respondents 2 VS,J W.P.No.35321 of 2018 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 toto issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 5 herein in proposing for acquisition of the land for the purpose of laying Road meant for National Highway from Krishnagiri to Kuppam in the petitioner's land in Survey No.273-3 an extent 1266.66 sq.yds situated at 154 Animige Village of Ekarlapalle Revenue Village of Kuppam Mandal, Chittoor District without any notice, as illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner land in Survey No.273-3 an extent 1266.66 sq.yds situated at 154 Animige Village of Ekarlapalle Revenue Village of Kuppam Mandal, Chittoor District and pass IA NO: 1 OF 2018 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 not to interfere with the peaceful possession and enjoyment of the petitioner's land in Survey No.273-3 an extent 1266.66 sq.yds situated at 154 Animige Village of Ekarlapalle Revenue Village of Kuppam Mandal, Chittoor District, pending disposal of the writ petition, and pass Counsel for the Petitioner: KODE RAMESH BABU Counsel for the Respondents: GP FOR REVENUE (AP) Counsel for the Respondents:DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following 3 VS,J W.P.No.35321 of 2018 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “… to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 5 herein in proposing for acquisition of the land for the purpose of laying Road meant for National Highway from Krishnagiri to Kuppam in the petitioner’s land in Survey No.273-3 an extent 1266.66 sq.yds situated at 154 Animige Village of Ekarlapalle Revenue Village of Kuppam Mandal, Chittoor District without any notice, as illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner land in Survey No.273-3 an extent 1266.66 sq.yds situated at 154 Animige Village of Ekarlapalle Revenue Village of Kuppam Mandal, Chittoor District….” 2. The brief facts of the case are as follows: a) The petitioner is having house property in Sy.No.273-3, admeasuring an extent of 1266.66 sq. yards, situated at 154 Animige Village, Ekarlapalle Revenue Village, Kuppam Mandal, Chittoor District, having purchased the same under a registered sale deed bearing Document No.2242 of 2010, dated 02.07.2010. Thereafter, he constructed a house in the said property and has been in possession and enjoyment of the same. b) The grievance of the petitioner is that the respondents, without issuing any notice and without acquiring the petitioner’s land in accordance with the provisions of the National Highways Act, 1956, entered into the 4 VS,J W.P.No.35321 of 2018 petitioner’s land on 26.09.2018 and allegedly threatened to dispossess him. Aggrieved by which, the present Writ Petition has been filed, seeking a declaration that the action of respondent Nos.2 to 5 in proposing to acquire the petitioner’s land for the purpose of laying a road meant for the National Highway from Krishnagiri to Kuppam, without payment of compensation, is illegal and arbitrary. 3. Respondent No.4 has filed a counter affidavit, inter alia, stating as follows: a) The Ministry of Road Transport and Highways (MoRTH), New Delhi, issued Gazette Notification No.999 in S.O.No.1277(E), dated 06.05.2015, appointing the Sub-Collector, Madanapalle, as the Competent Authority for Land Acquisition (CALA) for acquisition of land for widening of NH-219 leading from Palamaner to Krishnagiri, and not respondent No.4, i.e., the Joint Collector, Chittoor. The Sub-Collector, Madanapalle, is discharging the duties of the Competent Authority for Land Acquisition in respect of the said stretch of the National Highway. The Joint Collector, Chittoor, has no connection with the said land acquisition proceedings. b) It is further stated that the Project Director, Ministry of Road Transport and Highways, submitted a requisition for acquisition of land for a public purpose in the stretch from Km.58.600 to Km.140.710 (Palamaner– Krishnagiri Border Section) of NH-219, for building (widening the existing two- lane road to a two-lane road with paved shoulders), maintenance, 5 VS,J W.P.No.35321 of 2018 management and operation thereof, in Chittoor District, State of Andhra Pradesh. c) It is further stated that the Sub-Collector, Madanapalle, was appointed as the Competent Authority for Land Acquisition by the MoRTH, New Delhi, vide Gazette Notification No.999, dated 06.05.2015, in S.O.No.1277(E), in connection with the acquisition of land for widening of NH- 219 leading from Palamaner to Krishnagiri. The land acquisition proceedings in respect of the aforesaid stretch were initiated by the Competent Authority for Land Acquisition, i.e., the Sub-Collector, Madanapalle. The Joint Collector, Chittoor, has no connection with the said land acquisition proceedings. 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. 5. Today, when the matter came up for hearing, learned Assistant Government Pleader furnished a copy of the instructions of the Revenue Divisional Officer, Kuppam Division, Chittoor District vide Roc.A/88/2026, dated 04.08.2026, wherein it is stated that as per the revenue acquisition records, the Sub-Collector & CALA, Madanapalle, passed Award No.18/2017/NH-219, dated 16.06.2017, in favour of Smt.C.Revathi in respect of the acquired land. It is further stated that, upon verification of the records, it was found that the petitioner herein, Sri B.K.C. Chokkalingam, is the owner of the acquired land and that Smt.C.Revathi, the awardee, furnished her written consent expressing no objection to payment of the compensation amount in 6 VS,J W.P.No.35321 of 2018 favour of the petitioner. Accordingly, a consent affidavit was furnished by the awardee. It is further stated that, after due verification of the records and upon receipt of the consent of the awardee, together with the required Form-C, Consent Certificate (CC) and bank account particulars, the Sub-Collector & CALA, Madanapalle, issued necessary proceedings and sanctioned payment of compensation of Rs.10,06,903/- in favour of the petitioner vide Cheque No.000042, dated 04.08.2026, drawn on Kotak Mahindra Bank, Madanapalle, from the joint account of the Sub-Collector, Madanapalle and the Executive Engineer (R&B), N.H. Division, Chittoor, bearing A/c.No.307010147239. 6. The aforesaid instructions would disclose that, pursuant to the award dated 16.06.2017, the compensation amount of Rs.10,06,903/- has already been paid to the petitioner on 04.08.2026 vide Cheque No.000042, dated 04.08.2026. 7. In view of the above, nothing further survives for consideration in the present Writ Petition. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Dated: 05.08.2026 KGR