The court ruled that the land acquisition process violated statutory provisions and principles of natural justice, leading to the invalidation of the exemption notification and related proceedings.

The issue involved in to the acquisition of land for the purpose of construction of Road Over Bridge WP_42111 of 2022 & batch IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 18TH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION Nos. 42111 of 2022;1456; 2006, 2536; 10466; 10540 and 10562 of 2023 Maddana Anand and another ….. Petitioners And The State of Andhra Pradesh and others ….. Respondents Counsel for the Petitioners : Mr. P.S.P. Suresh Kumar, learned counsel along with Mr.Bandi Srihari Mr.A.K.Kishore Reddy and Mr.O.Uday Kumar Counsel for the Respondents : Mr.K.V.Raghuveer, learned Govt. Pleader representing learned Addl. Advocate General **** This Court made the following:

The issue involved in the present batch of writ petitions is with regard to the acquisition of land for the purpose of construction of Road Over Bridge NJS, J WP_42111 of 2022 & batch IN THE HIGH COURT OF ANDHRA PRADESH [3209]

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA 10466;10508;

….. Petitioners ….. Respondents , learned counsel Mr.K.V.Raghuveer, learned Govt. Pleader Addl. Advocate General batch of writ petitions is with regard to the acquisition of land for the purpose of construction of Road Over Bridge (for short “ROB”) and the proceedings in relation to the same under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act”).

2) The relevant facts as culled out from the material on record, may briefly be narrated for better appreciation of the case:

3) The Government of Andhra Pradesh issued G.O.Ms.No.27 Transport, Roads & Buildings (Roads-II) Department, dated 28.01.2020 granting administrative sanction for construction of two lane ROB in lieu of LC No.2 at Railway Km.1/3-4 of Dharmavaram-Pakala Station on Damajipalli – Tadipatri Road at Km.17/2 in Ananthapuramu District. The Commissioner, R&R Vijayawada, vide proceedings dated 19.11.2020 appointed Social Impact Assessment (for short “SIA”) Agency i.e., Rural Integrated and Social Education Society (RISES) Vijayawada as SIA Team to conduct SIA study with regard to the land acquisition. On 03.12.2020, the SIA Team conducted public consultation meeting as also a survey. Thereafter, on 13.07.2021, the District Collector, Anantapuramu issued proceeding exempting the provisions of Chapter II & III of the Act, 2013 and authorized the Land Acquisition Officer & Revenue Divisional Officer, Dharmavaram to invite claims from the interested persons for settlement by negotiations. A Gazette Notification dated 18.07.2021 for exemption of Chapter II & III of the Act was published in the Ananthapuramu District Gazette by the District Collector.

4) Subsequently, a Preliminary Notification in Form VI(A) under Section 11 (1) of the Act 2013, dated 19.12.2021, was issued in respect of the lands in Sy.No.23-1B, 23-2B, 24-3B, 27-2, 67-27A, 68-1, 68-2, 396-2A, 401-1A1, 402-1A1, 403-2B to an extent of 1-88 cents for construction of two lane ROB. The said Preliminary Notification was published in Sakshi Telugu Daily Newspaper on 30.12.2021 and the Hindu English Daily Newspaper on 31.12.2021. Thereafter, notices were issued to 130 land losers, who were covered under the above mentioned Preliminary Notification and objections were called for vide RC No.1318/2019(F), dated 05.01.2022 and to attend the enquiry on 16.03.2022. Pursuant to the said Notices, Objections dated 10.02.2022 were submitted and the Land Acquisition Officer was requested to change the location of ‘ROB’ to other place, since the petitioners’ houses will be totally demolished.

5) On 11.07.2022 overruling the objections submitted by the petitioners rejection orders were passed and Declaration under Section 19(1) of the Act r/w Sub Rule 1 of Rule 25 of The Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement