APHC010451582023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23576 of 2023 Between:

1. K SUNEETHA, W/O. A.V. MUNIRAJ, AGED 45 YEARS, R/O.

D.NO. 10-127, PRASANTH NAGAR, PALAMANERU, PALAMANERU MANDAL, CHITTOOR DISTRICT

2. G. SRIVIDYA,, W/O. G. VENKATA RAO, AGED 46 YEARS, R/O.

D.NO. 25-195/1, KAKATHOPU, PALAMANERU, PALAMANERU MANDAL, CHITTOOR DISTRICT

3. J. SAILAJA,, W/O. J. SRINIVASA RAO, AGED 44 YEARS, R/O.

D.NO. 16-8-521, YENNAM VAN STREET, OLD GUNTUR, GUNTUR, GUNTUR DISTRICT.

4. N. RADHA,, W/O. N.CHENNA REDDY, AGED 47 YEARS, R/O.

D.NO. 20-50-S2-679/3F, J.S.K. APARTMENTS, OPP. D.B.R.

HOSPITAL, MARUTI NAGAR,TIRUPATI, TIRUPATI DISTRICT.

5. M.SHAHANAZ BEGAM, , W/O. M.ABDUL REHMAN, AGED 57 YEARS, R/O. D.NO. 11-417/1, R.K.STREET, NEAR GOVT. HOMEO HOSPITAL, PALAMANERU, PALAMANERU MANDAL, CHITTOOR DISTRICT.

6. P. SURENDRA REDDY,, S/O. RAJAMANI REDDY, AGED 67 YEARS, R/O. D.NO. 1-126, MADIREDDYPALLE, YADAMARRI, MADANAPALLE, ANNAMAYYA DISTRICT.

...PETITIONER(S)

AND

1. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY ITS CHIEF GENERAL MANAGER, G-5 AND 6, SECTOR - 10, DWARAKA, NEW DELHI.

2. THE DISTRICT COLLECTOR, CHITTOOR,CHITTOOR DISTRICT 3. THE COMPETENT AUTHORITY JOINT COLLECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, CHITTOOR DISTRICT,CHITTOOR ...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 any writ, order or direction, preferably a writ in the nature of Mandamus declaring the action of respondents in not paying the enhanced compensation together with interest as per the orders dated 27.08.2020 and 31.10.2020 passed by the 2nd respondent as illegal, arbitrary and violative of articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to forthwith pay the enhanced compensation together with interest as per the orders dated 27.08.2020 and 31.10.2020 passed by the 2nd respondent.

Counsel for the Petitioner(S):

1. V VINOD K REDDY Counsel for the Respondent(S):

1. CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM

2. GP FOR REVENUE The Court made the following:

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

"……to issue any writ, order or direction, preferably a writ in the nature of Mandamus declaring the action of respondents in not paying the enhanced compensation together with interest as per the orders dated 27.08.2020 and 31.10.2020 passed by the 2^nd respondent as illegal, arbitrary and violative of articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to forthwith pay the enhanced compensation together with interest as per the orders dated 27.08.2020 and 31.10.2020 passed by the 2^nd respondent and pass such other orders……"

2. The petitioners herein filed an application under Section 3G(5) of the National Highways Act, 1956 (for short, hereinafter called as ‘the NH Act’). It is the contention of the petitioners 1 and 2 that they are the absolute owners of plot Nos.2 and 4 in Sy.No.637/3B of an extent of 209.950 square metres and 5.180 square metres respectively, situated in Gaogavaram Revenue Village and Mandal, Chittoor District and they have purchased the said plots from one M.Asgar Ali under a registered sale deed dated 09.03.2011 and the vendor of the land has converted the agricultural land into non-agricultural purpose of paying requisite charges under Section 3(6) of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006, and the CALA has awarded Rs.5,307/- to the 2^nd petitioner’s land and Rs.2,15,086/- to the 1^st petitioner’s land

3. Dissatisfied with the award of compensation, the petitioners 1 and 2 herein filed an application under Section 3G(5) of th