APHC010155242020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3233]

(Special Original Jurisdiction)

TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 9595/2020 Between:

1. C H VENKATA RAJESWARA RAO, S/O. BASAVAIAH, HINDU, AGED

75 YEARS, R/O D.NO. 20-49-1, NARASIMHA NAGAR, MACHILIPATNAM, KRISHNA DISTRICT.

2. C H.SRI HARI, S/O. VENKATA RAJESWARA RAO, AGE 52, R/O D.NO. 20-49-1, NARASIMHA NAGAR, MACHILIPATNAM, KRISHNA DISTRICT.

...PETITIONER(S)

AND

1. N ATIONAL HIGHWAYS AUTHORITY OF INDIA, REP, BY ITS SECRETARY TO GOVT. OF INDIA, DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, SECTOR-10, DWARAKA, NEW DELHI - 110 075.

2. T HE DISTRICT COLLECTOR, COLLECTORATE, KRISHNA DISTRICT, A.P.

3. T HE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENT UNIT 21, TEACHERS COLONY, GURUNANAK ROAD, UP STAIR OF STATE BANK OF INDIA, VIJAYAWADA, KRISHNA DISTRICT, A.P.

4. T HE COMPETENT AUTHORITY/LAND ACQUISITION OFFICER CUM REVENUE DIVISIONAL OFFICER, , COLLECTORATE, MACHILIPATNAM, KRISHNA DISTRICT, A.P.

5. T HE TAHSILDAR, BANTUMILLI MANDAL REVENUE OFFICE, BANTUMILLI MANDAL, KRISHNA DISTRICT.

6. M GANGA DEVI, ARTHAMURU (V), BANTUMILLI MANDAL, KRISHNA DISTRICT.

...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 topleased to issue a Writ, Order or direction one in the nature of Writ of Mandamus declaring the action, things and deeds of the Respondents in not paying the compensation for the lands acquired from Petitioners in an extents of 1254.57 Sq. Mtrs., in R.S.No. 579/1, 405.00 Sq. Mtrs., in R.S.No. 570/1A2, 202.00 Sq. Mtrs., in R.S.No. 591, 161.88 in R.S.No. 578/4 A2, Sq. Mtrs., 364.23 in R.S.No. 578/4B2 and an extent of 80.94 Sq. Mtrs., in R.S.No. 578/4C2 of Arthamuru Village, Bantumilli Mandal, Krishna District, further in paying compensation of an amount of Rs.4,78,763/- to 6th Respondent for the land of Petitioner, which is illegal, irregular and arbitrary, un constitutional, against to the provisions of National Highways Act, 1956 as well as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents to pay total compensation with all benefits to Petitioners for their lands in an extents of 1254.57 Sq. Mtrs., in R.S.No. 579/1, 405.00 Sq. Mtrs., in R.S.No. 570/1A2, 202.00 Sq. Mtrs., in R.S.No. 591, 161.88 in R.S.No. 578/4 A2, Sq. Mtrs., 364.23 in R.S.No. 578/4B2 and an extent of 80.94 Sq. Mtrs., in R.S.No. 578/4C2 of Arthamuru Village, Bantumilli Mandal, Krishna District and to pass IA NO: 1 OF 2020 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 pleased to direct the Respondents to stop the laying of National Highway No.216 through the Petitioners’ Lands in an extents of 1254.57 Sq. Mtrs., in R.S.No. 579/1, 405.00 Sq. Mtrs., in R.S.No. 570/1A2, 202.00 Sq. Mtrs., in R.S.No. 591, 161.88 in R.S.No. 578/4 A2, Sq. Mtrs., 364.23 in R.S.No. 578/4B2 and an extent of 80.94 Sq. Mtrs., in R.S.No. 578/4C2 of Arthamuru Village, Bantumilli Mandal, Krishna District pending disposal of the main Writ Petition and to pass IA NO: 2 OF 2020 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 pleased to direct the Respondents not to disburse the Compensation amount of Rs.11,60,639/- to 6th Respondent for the Petitioners’ Lands in an extents of 1254.57 Sq. Mtrs., in R.S.No. 579/1, 405.00 Sq. Mtrs., in R.S.No. 570/1A2, 202.00 Sq. Mtrs., in R.S.No. 591, 161.88 in R.S.No. 578/4 A2, Sq. Mtrs., 364.23 in R.S.No. 578/4B2 and an extent of 80.94 Sq. Mtrs., in R.S.No. 578/4C2 of Arthamuru Village, Ban