APHC010428332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23526/2026 Between: 1. BANDLA SRINIVASA RAO, S/O. VENKATESWARA RAO, AGED 56, OCC AGRICULTURE, R/O. DOOR NO. 6-112/1, THULLUR VILLAGE AND MANDAL, GUNTUR DISTRICT - 522237. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI - 522238. 2. ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY APCRDA, REP. BY ITS COMMISSIONER, APCRDA PROJECT OFFICE, RAYAPUDI POST, TULLURU MANDAL, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH 522237. 3. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT - 522004. 4. THE JOINT COLLECTOR, GUNTUR, GUNTUR DISTRICT - 522004. 5. THE LAND ACQUISITION OFFICER DEPUTY COLLECTOR, APCRDA LAND ACQUISITION UNIT, COLLECTORATE, GUNTUR - 522004. 6. THE SPECIAL DEPUTY COLLECTOR COMPETENT AUTHORITY, APCRDA, THULLUR. MANDAL, AMARAVATI, GUNTUR DISTRICT, 2 VS,J W.P.No.23526 of 2026 ANDHRA PRADESH - 522237 ...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 of a Writ of Mandamus, declaring the action of the respondents in issuing the Preliminary Notification dated 08.04.2026 under Section 11 (1) of the Land Acquisition Act (Act.30 of 2013), insofar as the petitioners land admeasuring Ac. 1.25 cents in Survey N0.IO8-D of Thullur Village and Mandal, Guntur District is concerned, without first determining the statutory scheme applicable to the said land under the APCRDA Act, 2014, as being contrary to law, illegal, arbitrary, discriminatory, violative of Articles 14, 21 and 300-Aof the Constitution of India, contrary to the provisions of the APCRDA Act, and set- aside the Preliminary Notification dated 08.04.2026 insofar as the petitioners land admeasuring Ac.1.25 cents in Survey N0.IO8-D of Thullur Village and Mandal, Guntur District is concerned and consequently to direct the respondents to consider and dispose of the petitioners representations dated 19.05.2026, 25.05.2026 and 25.07.2026 by passing a reasoned order determining whether the land of the petitioner admeasuring Ac.1.25 cents in Survey N0.IO8-D of Thullur Village and Mandal, Guntur District falls under the R1 Zone and whether the Negotiated Settlement Policy (NSP) is applicable to the said land, and pass IA NO: 1 OF 2026 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 direct the respondents to determine whether the petitioner's land admeasuring Ac. 1.25 cents in Survey No. 108-D of Thullur Village, Thullur Mandal, Guntur District falls under the R1 Zone including whether the Negotiated Settlement Policy (NSP) is applicable to the said land, by considering the petitioner's representations dated 19.05.2026, 25.05.2026 and 25.07.2026, pending disposal of the above Writ Petition IA NO: 2 OF 2026 3 VS,J W.P.No.23526 of 2026 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 irect the respondents not to proceed further with the land acquisition proceedings pursuant to the Preliminary Notification dated 08-04-2026 issued under the Land Acquisition Act, (Act No. 30 of 2013), in respect of the petitioner's land admeasuring Ac.1.25 cents out of Ac.1.56 cents in Survey N0.IO8-D of Thullur Village, Thullur Mandal, Guntur District, pending disposal of the above Writ Petition, and pass Counsel for the Petitioner: 1. POSANI AKASH Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 VS,J W.P.No.23526 of 2026 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in issuing the Preliminary Notification dated 08.04.2026 under Section 11 (1) of the Land Acquisition Act (Act.30 of 2013), insofar as the petitioners land admeasuring Ac. 1.25 cents in Survey N0.IO8-D of Thullur Village and Mandal, Guntur District is concerned, without first determining the statutory scheme applicable to the said land under the APCRDA Act, 2014, as being contrary to law, illegal, arbitrary, discriminatory, violative of Articles 14, 21 and 300-Aof the Constitution of India, contrary to the provisions of the APCRDA Act, and set- aside the Preliminary Notification dated 08.04.2026 insofar as the petitioners land admeasuring Ac.1.25 cents in Survey N0.IO8-D of Thullur Village and Mandal, Guntur District is concerned and consequently to direct the respondents to consider and dispose of the petitioners representations dated 19.05.2026, 25.05.2026 and 25.07.2026 by passing a reasoned order determining whether the land of the petitioner admeasuring Ac.1.25 cents in Survey N0.IO8-D of Thullur Village and Mandal, Guntur District falls under the R1 Zone and whether the Negotiated Settlement Policy (NSP) is applicable to the said land, and pass…” 2. The petitioner and his family claim to be the owners and possessors of several agricultural lands situated in Thullur Village, Guntur 5 VS,J W.P.No.23526 of 2026 District and that they voluntarily surrendered Acs.14.00 cents of land to the Government under the Land Pooling Scheme for establishment of the Capital City. After bifurcation of the erstwhile State of Andhra Pradesh, the Government declared the Capital Region in the year 2014 for establishment of the Greenfield Capital City of Amaravati and enacted the Andhra Pradesh Capital Region Development Authority Act, 2014 (APCRDA Act, 2014). Chapter IX of the said Act, consisting of Sections 52 to 60, provides for the Land Pooling Scheme. Under Section 52, the Land Pooling Scheme enables landowners to voluntarily surrender their lands in return for reconstituted and developed plots along with other statutory benefits. The entire scheme is based on the voluntary participation of landowners for planned development of the Capital City. 3. It is the case of the petitioner that, apart from the above- mentioned land surrendered by him, he owns land measuring Acs.1.56 cents in Sy.No.108-D and Acs.0.21 cents in Sy.No.108-E of Thullur Village and Mandal, Guntur District. The said lands devolved upon the petitioner through a family partition. In the year 2008, under the Zonal Development Plan prepared by the then Vijayawada-Guntur-Tenali-Mangalagiri Urban Development Authority, the said land was shown as falling within the residential zone. Since no notice was issued and no objections were called for, the petitioner was under the bona fide belief that the said land forms part of the R1 Zone. 6 VS,J W.P.No.23526 of 2026 Further, at no point of time, the petitioner or the other villagers were informed that the residential boundaries were subsequently changed while preparing the APCRDA Master Plan. 4. While the matter stood thus, the respondents issued a preliminary notification dated 06.04.2017 under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short „Act, 2013‟), proposing to acquire several lands situated in Thullur Village, wherein, the petitioner‟s lands were shown at Serial Nos.19 and 20. Pursuant to the said notification, the petitioner submitted representations requesting the respondent authorities to extend the benefit of the NSP Scheme by treating his land as falling within the R1 Zone. However, the respondent authorities have neither initiated any action by conducting any enquiry on the petitioner‟s request nor have proceed further with the preliminary notification dated 06.04.2017 insofar as the petitioner‟s land is concerned; as such, the petitioner was under the bona fide belief that his request for extending the benefit of the NSP Scheme was still under consideration by the respondents. 5. While the matter stood thus, the respondents issued another preliminary notification dated 08.04.2026 under Section 11(1) of the Act, 2013, proposing to acquire land measuring Acs.1.47 cents out of Acs.1.56 cents situated in Sy.No.108-D for formation of the E-5 Road and N-13 Diamond 7 VS,J W.P.No.23526 of 2026 Junction as part of the Amaravati Capital City Trunk Infrastructure. An extent of Acs.1.25 cents in Sy.No.108-D was shown at Sl.No.3 and an extent of Acs.0.2299 cents was shown at Sl.No.27 of the said notification dated 08.04.2026. Thereafter, the petitioner was orally informed by the respondent authorities that, out of the total extent of Acs.1.4799 cents proposed for acquisition, Acs.0.2299 cents would be treated as falling within the R1 Zone and Acs.1.25 cents would be treated as land covered under the Land Pooling Scheme. 6. Thereafter, the petitioner submitted representations dated 19.05.2026 and 25.05.2026 requesting the respondent authorities to reconsider the R1 Zone boundaries by contending that his land was situated immediately adjacent to the village and that similarly situated lands had already been given the benefit of the R1 Zone. Pursuant to the said representations, the 5th respondent issued a notice dated 20.05.2026 fixing an enquiry on 25.05.2026 and another notice dated 26.05.2026 fixing enquiry on 02.06.2026, pursuant to which, the petitioner appeared and substantiated his claim for inclusion of his land in the R1 zone and for extending the NSP benefits. It is the case of the petitioner that till date, the respondents have not taken any decision on the petitioner‟s request. Aggrieved by the action of the respondent authorities in issuing the preliminary notification dated 08.04.2026 under Section 11(1) of the Act, 2013, insofar as it relates to the petitioner‟s 8 VS,J W.P.No.23526 of 2026 land measuring Acs.1.25 cents in Sy.No.108-D of Thullur Village and Mandal, without first determining the applicability of the statutory scheme under the APCRDA Act, 2014, the present writ petition is filed. 7. Heard Sri. Posani Akash, learned counsel for the petitioner and Sri. A. Ram Dheeraj, learned counsel representing Smt. S. Pranati, learned Standing Counsel for APCRDA. 8. Perused the entire material available on record. When the writ petition came up for hearing, learned counsel for the respondents furnished a copy of instructions of the Special Deputy Collector, Thullur Mandal, Guntur District, dated 13.08.2026 wherein it is stated that, the Government issued G.O.Rt.No.50, Municipal Administration and Urban Development (CRDA) Department, dated 23.01.2026, constituting a District Level Committee to review the exemptions granted under the Land Pooling Scheme. After issuance of the preliminary notification dated 08.04.2026, the petitioner approached the Land Acquisition Officer and Deputy Collector and filed objections under VI(B). Thereafter, the competent authority and Special Deputy Collector, Thullur, forwarded the representations submitted by various farmers, including the petitioner‟s representation seeking exemption under Clause 9.2 relating to Gramakantam, to the Joint Collector-cum-Chairman, District Level Committee, vide Ref.No.Com.No.3116801/2026, dated 24.01.2026, for review of the exemptions granted under the Land Pooling 9 VS,J W.P.No.23526 of 2026 Scheme and for taking further necessary action. It is further stated that the orders of the Joint Collector, Guntur, are awaited and that further action will be taken based on the report/orders of the Joint Collector, Guntur and also that only after implementation of the orders/report of the Joint Collector, the award under Sections 23, 30 and 31 of the Act, 2013, would be passed. 9. It can be understood from the instructions that a decision has to be taken by the Joint Collector and Chairman of the District Level Committee regarding the review of the exemptions granted under the Land Pooling Scheme and further action on the petitioner‟s representations. Though a preliminary notification has been issued by the respondents, they cannot proceed further until the competent authority takes a decision on the petitioner‟s request. 10. In view of the above, the writ petition is disposed of with a direction to the 4th respondent to consider and take a decision on the petitioner‟s request as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that such decision shall be communicated to the petitioner and only after considering the petitioner‟s objections, if any, the respondents shall proceed with the issuance of the draft notification in accordance with law. 11. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. 10 VS,J W.P.No.23526 of 2026 Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 07.09.2026 Gss