THE NATIONAL HIGHWAYS AUTHORITY OF INDIA(NHAI) vs PASUPULETI SATYA SEETHA RAM

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(AP) 20432

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ***
WRIT APPEAL NO: 821/2025 Between:
# The National Highways Authority of India (NHAI), at G-5 and 6, Sector 10, Dwaraka, New Delhi – 10075 Rep. by its Chiarman through its Project Director, PIU – Rajamahendravaram, at Sy.No.560/3, Adjacent to Toyota Showroom, NH-216A, Diwancheruvu, Rajamahendravaram, Andhra Pradesh – 522102.
… Appellant Versus $ Pasupuleti Satya Seetha Ram, S/o Musalayya, Aged 72 years, R/o. H.No.3-31, Surya Nagar, Pydiparru Tanuku Mandal, West Godavari District and 10 others.
… Respondents DATE OF JUDGMENT PRONOUNCED : 08.12.2025 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
1. Whether Reporters of Local Newspapers may be allowed to see the order? : Yes/No
2. Whether the copy of order may be marked to Law Reporters/Journals? : Yes/No
3. Whether His Lordship wish to see the fair copy of the order? : Yes/No * THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO * THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR + WRIT APPEAL NO: 821/2025 DATE: 08.12.2025 #The National Highways Authority of India (NHAI), at G-5 and 6, Sector 10, Dwaraka, New Delhi – 10075 Rep. by its Chiarman through its Project Director, PIU – Rajamahendravaram, at Sy.No.560/3, Adjacent to Toyota Showroom, NH-216A, Diwancheruvu, Rajamahendravaram, Andhra Pradesh – 522102.
… Appellant Versus $Pasupuleti Satya Seetha Ram, S/o Musalayya, Aged 72 years, R/o. H.No.3-31, Surya Nagar, Pydiparru Tanuku Mandal, West Godavari District and 10 others.
… Respondents ! Counsel for Petitioner : Chaudhary and Chaudhary Advocates &
Solicitors Law Firm ^ Counsel for Respondents : GP for Land Acquisition Asst Solicitor General of India P.Durga Prasad Gist:
> Head Note:
? Cases referred:
APHC010353812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3529]
(Special Original Jurisdiction)
MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 821/2025 Writ Appeal under clause 15 of the Letters Patent aggrieved by and challenging the Final Order Judgement dated 26.03.2025 passed in the Writ Petition WP No. 25901 of 2023 (Pasupuleti Satya Seetha Ram and Others - vs Union of India and Others), passed by the Ld. Single Judge of this Honble High Court of Andhra Pradesh at Amaravati, the above named Appellant NHAI begs to prefer the present memorandum of Writ Appeal for the following grounds among other Between:
1. T HE NATIONAL HIGHWAYS AUTHORITY OF INDIA(NHAI), AT G - 5 AND 6, SECTOR 10, DWARAKA, NEW DELHI - 10075 REP. BY ITS CHAIRMAN THROUGH ITS PROJECT DIRECTOR, PIU - RAJAMAHENDRAVARAM, AT SY. NO. 560/3, ADJACENT TO TOYOTA SHOWROOM, NH-216A, DIWANCHERUVU, RAJAMAHENDRAVARAM, ANDHRA PRADESH - 533102 ...APPELLANT AND
1. PASUPULETI SATYA SEETHA RAM, S/O MUSALAYYA, AGED 72 YEARS, R/O.H. NO. 3-31, SURYA NAGAR, PYDIPARRU TANUKU MANDAL, WEST GODAVARI DISTRICT.
2. DUDE PURUSHOTHAMA RAO, S/O KONDALA RAO, AGED 52 YEARS, R/OH. NO. 3-34/1, SURYA NAGAR, PYDIPARRU TANUKU MANDAL, WEST GODAVARI DISTRICT.
3. SRIPATHI VENKATESWARA RAO, S/O SRIPATHI VEERRAJU, AGED 62 YEARS, R/O H. NO. 8-209, MAIN ROAD, TETALI, TANUKU MANDAL, WEST GODAVARI DISTRICT.
4. TANNEDI CHANDRA SEKHAR, S/O.RAMA KRISHNA, AGED 35 YEARS, R/O.H. NO. 9-84/3, PODURU VILLAGE, PODURU MANDAL, WEST GODAVARI DISTRICT.
5. GANTA ANJI, W/OVENKATA RAO, AGED 32 YEARS, R/OH. NO. 3-
83, POST OFFICE STREET, TETALI VILLAGE TANUKU MANDAL, WEST GODAVARI DISTRICT.
6. SATYANARAYANA REDDY SATTI, S/OUDAYA BHASKAR REDDY, AGED 46 YEARS, R/O. H. NO. 5-7-18, NANDINA VARI STREET, OLD TOWN TANUKU, WEST GODAVARI DISTRICT.
7. KOVVURI ANANTHA LAKSHMI, W/OHARISHCHANDRA PRASAD REDDY, AGED 62 YEARS R/O H. NO. 5-6-3(A), LANKA VARI STREET, OLD TOWN, TANUKU, WEST GODAVARI DISTRICT. (D 3
8. GANDHAM RAMA KRISHNA, S/O.SRIRAMULU, AGED 67 YEARS, R/OH. NO. 5-8, BESIDES RICEMILL STREET, TETALI VILLAGE TANUKU MANDAL, WEST GODAVARI DISTRICT. /WRIT PETITIONERS IN WP NO. 25901 OF 2023
9. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ROADS, TRANSPORT AND NATIONAL HIGHWAYS, PARIVAHAN BHAVAN, PARLIAMENT STREET, NEW DELHI - 110001.
10. T HE JOINT COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAYS, BHIMAVARAM, WEST GODAVARI DISTRICT.
11. T HE REVENUE DIVISIONAL OFFICER AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAYS, KOVVURU, WEST GODAVARI DISTRICT ...RESPONDENT(S):
IA NO: 1 OF 2025 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 It is, in regards to the Affidavit on behalf of Petitioner /Appellant / National Highways Authority of India (NHAI); on the basis of the facts, circumstances, legal position, matter of record and the principles of law, most respectfully and humbly prayed by the Petitioner / Appellant / National Highways Authority of India (NHAI) that this Hon’ble Court would graciously be pleased to dispense with the Filing of the Certified Copy of the Final Order/ Judgement dated 26.03.2025 passed in the Writ Petition - WP No. 25901 of 2023 before the Hon’ble High Court of Andhra Pradesh and/or, to pass a IA NO: 2 OF 2025 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 It is, in regards to the Affidavit on behalf of Petitioner /Appellant / National Highways Authority of India (NHAI); on the basis of the facts, circumstances, legal position, matter of record and the principles of law, most respectfully and humbly prayed by the Petitioner / Appellant / National Highways Authority of India (NHAI) that this Hon’ble Court would days in filing this present WA No.graciously be pleased to to condone the delay of 77 days of 2025 before the Hon’ble High Court of Andhra Pradesh; and/or, to pass IA NO: 3 OF 2025 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 t is, in regards to the Affidavit on behalf of Petitioner /Appellant / National Highways Authority of India (NHAI); on the basis of the facts, circumstances, legal position, matter of record and the principles of law, most respectfully and humbly prayed by the Petitioner / Appellant / National Highways Authority of India (NHA!) that this Hon’ble Court would graciously be pleased to allow the present Petition and to permit the NHAI and the Revenue Authorities to proceed with the further action as per the Second Section 3G(3) Public Notice dated 13.06.2023 and the CALA’s Award No. 01/2023/NH-216A dated
11.08.2023; and/or, to pass a IA NO: 4 OF 2025 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 to allow the present Petition and to permit the NHAI and the Revenue Authorities to proceed with the further action as per the Second Section 3G(3) Public Notice dated 13.06.2023 and the CALAs Award No. 01/2023/NH-216A dated 11.08.2023; and/or, to pass Counsel for the Appellant:
1. CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION
2. (ASST SOLICITOR GENERAL OF INDIA)
3. P DURGA PRASAD

The Court made the following judgment: (Per Hon’ble Sri Justice R Raghunandan Rao)

A Notification, under Section 3A of the National Highways Act, 1956 (for short “the NH Act”), for acquisition of land belonging to the respondents herein, for the purpose of construction of a flyover on National Highway No.16/216A, in Tetali Village, Tanuku Mandal, West Godavari District was issued on 21.05.2018. The total extent of land that was proposed to be acquired, from the respondents was set out in the said notification. Thereafter, a notification was issued under Section 3D of the NH Act, on 26.08.2018 confirming that the extent of land mentioned in the 3A notification, dated 21.05.2018 was acquired.

2. At that stage, the appellant, which is the National Highway authority, took a decision to reduce ROW (Right of way) of 60 meters which was originally proposed to a ROW of 40 meters. On this basis, the appellant issued a notification under 3G(3) of the NH Act, on 13.06.2023 for reducing the extent of land that is sought to be acquired. Aggrieved by the said notification, dated 13.06.2023, the respondents approached this Court, by way W.P.No.25901 of 2023. During the pendency of this writ petition, an Award, dated 11.08.2023 had also been passed in relation to the acquisition of land set out in the notification under Section 3G(3), dated 13.06.2023.

3. It was represented before the learned Single Judge when the matter came up for hearing, that the issue before the learned Single Judge was already covered by a judgment of a learned Single Judge of this Court in W.P.No.34565 of 2022, dated 21.09.2023 which had been modified by the judgment of a Division Bench of this Court, dated 22.08.2024 in W.A.No.1001 of 2023 and W.A.No.135 of 2024. The learned Single Judge, by his order, dated 26.03.2025, had disposed of the W.P.No.25901 of 2023 in terms of the said judgments.

4. The issue before the learned Single Judge, in W.P.No.34565 of 2022, was whether the appellant, after having notified an extent of land in the notification issued under Section 3A of the NH Act, could reduce the said extent by a notification under Section 3D and whether the 3D notification could be affirmed by a subsequent notification under Section 3G(3) of the NH Act. The other issue which came up before the learned Single Judge, was the quantum of compensation that was required to be paid for the lands specified in 3A or 3D notifications. The learned Single Judge has taken the view that the compensation would have to be paid on the basis of the land notified under Section 3A of the NH Act. In the appeal, a Division Bench of this Court, had held that the compensation would have to be on the extent of land notified under Section 3D of the NH Act. It appears that the landholders, in that case had approached the Hon’ble Supreme Court by way of SLP (Civil) Diary No.5329 of 2025 and the same is pending before the Hon’ble Supreme Court.

5. The appellant, being aggrieved by the judgment of the learned Single Judge in W.P.No.25901 of 2023, has approached this Court, by way of the present writ appeal.

6. Sri P.Veera Reddy, learned Senior counsel appearing for the appellant, would contend that the appellant would be entitled to reduce the extent of land which has to be acquired, by way of modifying extent of land notified in the notification issued under Section 3A and 3D by way of a notification under Section 3G (3) of the NH Act. The learned Senior counsel would also contend that this issue is already pending before the Hon’ble Supreme Court and in such circumstances, an interim arrangement could be made out for the purpose of allowing the appellant to carry out construction of the flyover which needs to be done at the earliest.

7. Sri P.Durga Prasad, learned counsel for the respondents, on the other hand, would contend that the respondents would be entitled to compensation for the entire extent of land notified under Section 3D of the NH Act and that was the judgment of the Division Bench o

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