Once the award amount is deposited with the 3rd respondent, the land acquisition proceedings are deemed to have been completed, and there is no necessity to go for initiation of fresh land acquisition proceedings for the same lands.

ORDER :

1. In all these cases the common issue is involved and as such the following common order is passed. But for the said purpose, the facts in W.P.No. 13995 of 2022 are taken up as under.

2. This writ petition is filed questioning the award No. 22 of 2018 passed by the 3rd respondent dated 27.09.2018 without depositing the compensation amount which is contrary to Section 3(A) to 3(H) of the National Highways Act, 1956.

3. The learned Counsel for the petitioners submits that the petitioners’ lands were notified vide preliminary notification dated 09.12.2017 under Section 3(A) of the National Highways Act, 1956 publishing the same in Sakshi News Daily for the purpose of laying the National Highway No. 544 (D) from Ananthapuram to Giddalur Road Section covering the notification in S.O 3654 (E) dated 20.11.2017 of the Government of India, Ministry of Road Transport and Highways (ch.0.000 KM to ch. 69.000 KM). Declaration of acquisition under Section 3 (G) of the National Highways Act, 1956 was published on 06.08.2018 in Sakshi News Daily vide reference No. G-1/4090/2017 dated 27.09.2018. Thereafter no further steps were taken by the respondents in all these years. The petitioners were under the impression that no longer the respondents require the said lands of the petitioners. But to their utter surprise and shock, the 4th respondent convened a meeting on 16.03.2022 and informed the petitioners/land owners that they are proposing to pay the compensation as per the award in Rc.No. GT1, NH/3498/21022 dated 05.03.2022 which was addressed to the 4th respondent by the 3rd respondent. They were informed that the 3rd respondent already passed the awards and they will pay the amounts determined in the said awards under Section 3 (G) of the Act which were passed on various dates between 22.09.2018 to 10.06.2019. With a great difficulty, the petitioners could secure the impugned award No. 22 of 2018 dated 27.09.2018.

4. The learned counsel for the petitioners submits that the above said impugned award shall be treated as “paper award” only as no compensation was deposited as required under Section 3(H) of the above said Act and it is contrary to the judgment reported in 1994 (3) ALT 175.

5. The learned counsel for the petitioners also refers to the proceedings of the 3rd respondent addressed to the 4th respondent dated 05.03.2022 stating that the Project Director, NHAPIU, Ananthapuram informed that previously the awards were passed and compensation was stopped and the lands were not handed over, at present the Project Director requested to expedite the land acquisition proposals as per the above instructions and as per the award files available. It is noticed that the requisitions were received during the year 2017-18, the 3 (A), 3(D) and 3(G) were published in the years 2017 and 2018 and the awards under section 3 (G) was passed between 22.09.2018 to 10.06.2019 on various dates. The Joint Collector instructed to obtain the basic value details as on 01.01.2022 from the concerned Sub-Registrars. In view of the same, the RDO, Ananthapur and the Tahasildar of Tadipatri and other Mandals were directed to obtain the basic values of the above said lands mentioned in the above said awards as on 01.01.2022 from the concerned Sub-Registrar Offices and to submit report thereon.

6. On the other hand, the respondent Nos. 1 to 3 filed the counter affidavits and relying upon the same, the respondents’ counsels submit that the Central Government started a project for up-gradation of the Highway starting from junction with NH-44 at Anantapur in the stretch from KM 0.000 to KM 69.000 in Anantapur District connecting Tadipatri, Kolimigundla, Owk, Banaganipally, Gajulapally and Giddalur of NH-544 D in the state of Andhra Pradesh to two/four lane with paved shoulder connecting Amaravati in a length of 430 KM. In exercise of the powers conferred under Secti