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2023 Supreme(AP) 920
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NINALA JAYASURYA, J.
T. Subramanyam Naidu and Others - Petitioners
Versus
Government of India rep. by Secretary, Ministry of Road Transport and Highways and Others - Respondents
Writ Petition No.24172 Of 2022
Decided On : 05-12-2023
For the Petitioners: Mr. Kishore Kumar Dhodla.
For the Respondents: Mr. Tandava Yogesh, G.P. for Land Acquisition, G.P. for Revenue, G.P. for Irrigation & CAD.
Upon publication of the acquisition declaration, lands vest absolutely with the Central Government, and compensation is the only entitlement for the previous landowners.
Headnote:
Land Acquisition - Compensation - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 26, 27, 28, 29, 30
Fact of the Case:
The petitioners sought compensation for infrastructure and underground drip irrigation system on their lands acquired for a highway project. They argued that the compensation awarded did not consider the value of their plantations and irrigation system.
Finding of the Court:
The court found that the lands had vested with the Central Government upon publication of the acquisition declaration, and the petitioners were entitled to compensation only. It held that the petitioners could seek recourse under the NH Act for any grievances regarding compensation determination.
Issues: Compensation for infrastructure and irrigation system, vesting of lands upon acquisition declaration, public interest vs. private interest
Ratio Decidendi: The NH Act is a self-contained code, and upon publication of the acquisition declaration, the lands vest absolutely with the Central Government. The court emphasized the public interest in infrastructure projects and the need to balance public and private interests.
Final Decision: The writ petition was disposed of, leaving it open to the petitioners to seek appropriate compensation determination under the NH Act.
ORDER :
This Writ Petition is filed seeking to declare the action of the 4th respondent in not considering the objections/ representations dated 20.04.2022 and 03.07.2022 of the petitioners in releasing the pending compensation for the infrastructure and underground drip irrigation system to them is illegal, arbitrary, violative of Articles 14, 21 and 300A of Constitution of India and contrary to Sections 26, 27, 28, 29 and 30 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act”) and for consequential direction to the 4th respondent to pay Rs.53,56,578/- with 100% solatium for the affected infrastructure and underground drip irrigation system in the process of laying Bangalore-Chennai Express way situated at Sy.Nos.153/10, 153/12, 153/13, 153/15, 153/16, 153/17, 1/1B, 1/2B, 2/1A1 and 2/1B of 190-Ramapuram village and 189- Kottapalli, Chittoor District, Andhra Pradesh.
2. The relevant facts of the case, which are germane for consideration, may briefly be narrated as follows:
3. The National High Way Authority of India (for short “the NHAI”) has taken up the work of construction of four lane Bangalore-Chennai Expressway in three phases to facilitate high speed travel between Bangalore and Chennai. The alignment of the project passes through the States of Karnataka, Andhra Pradesh and Tamilnadu. Phase III of the project consists of 105- 705 km., out of which 12 km., falls in Chittoor District and comes under the jurisdiction of Project Implementation Unit, Kancheepuram, Tamilnadu. For the purpose of the said project NHAI sent requisitions for acquisition of lands measuring approximately an extent of 2,63,390 sq.mtrs., in 189-Kothapalle village and 5,66,892 sq.mtrs., in 190-Ramapuram village of Gudipala Mandal of Chittoor District. The lands situated in Sy.Nos.153/10, 153/12, 153/13, 153/15, 153/16, 153/17, 153/19A in 190-Ramapuram village and the lands situated in Sy.Nos.1/1A, 1/1B, 1/2A, 1/2B, 2/1A and 2/1B in 183-Kothapalle village are part of the land acquisition pertaining to the Bangalore–Chennai Expressway in the stretch of land from Km.74/870 to 82/150 and 83/350 to Km.164/500 in Chittoor District.
4. The Ministry of Road Transport and Highways, Government of India, New Delhi, issued Notification under Section 3-A National Highways Act, 1956 (for short “the NH Act”), vide S.O.No.1048(E) Dt.17.04.2015 declaring its intention to acquire the land situated in 189-Kothapalle and 190- Ramapuram villages, including the above referred lands. Initially the Notification was published in the local newspapers i.e., Andhra Jyothi (Telugu), dt.16.07.2015 and The Hindu (English), dated 16.07.2015, and an additional 3A Notification vide S.O.No.1251 (E) dated 21.04.2017 was published on 06.06.2017 in Prajasakthi (Telugu) and Hans India (English) Newspapers and the land owners/interested persons were granted 21 days time from the date of publication of the said Notifications to file their objections in writing to the 4th respondent. After passing orders on the objections received under Section 3C of the N.H.Act, a Notification vide S.O.1399(E) dated 12.04.2016, under Section 3D of the NH Act was issued covering the above mentioned lands situated in both the villages. Additional 3D Notification was published vide S.O.No.317(E), dated 19.01.2018 for the additional lands. Thereafter, Section 3G Notification under the NH Act was published in the newspapers i.e., Andhra Prabha (Telugu) and Hans India (English) dated 18.05.2016 and after completion of the enquiry, the 4th respondent through proceedings dated 15.03.2018 determined the compensation payable in respect of the lands mentioned above. While the authorities were proceeding in the matter to execute the works in respect of Expressway project, the present writ petition is filed.
5. Heard the learned counsel for the petitioners and also heard Sri Thandava Yogesh, learned counsel representing the counsel for the NHAI
