APHC010418912017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3206]

(Special Original Jurisdiction)

FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 31110/2017 Between:

1. Y . SAMBI REDDY, S/O.VENKAT REDDY, AGED ABOUT 48 YEARS, R/O.D.NO.5-90, PATAMATA BAZAR, NUNNA-521212, VIJAYAWADA RURAL, KRISHNA DISTRICT.

...PETITIONER AND

1. U NION OF INDIA, MINISTER OF TRANSPORT AND NATIONAL HIGHWAYS REP.BY ITS CHIEF SECRETARY NEW DELHI.

2. N ATIONAL HIGHWAYS AUTHORITY OF INDIA, REP.BY ITS PROJECT DIRECTOR, VIJAYAWADA, KRISHNA DISTRICT.

3. T HE SUBCOLLECTOR CUMCOMPETENT AUTHORITY, LAND ACQUISITION AND REVENUE DIVISIONAL OFFICER VIJAYAWADA, KRISHNA DISTRICT.

4. M ARREDDY SUSILA, W/O.SATYANARAYANA REDDY, AGED MAJOR R/O.UNGUTUR, PAMARU MANDAL, KRISHNA DISTRICT-

521157.

...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 toto issue an appropriate Writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents under Endorsement bearing Rc.B2.1365/2011 dated 06-08-2016 rejecting to pay compensation to the petitioner for the land of an extent of 4,937 sq. meters in RS No.602/8 acquired under Notification bearing Rc.B2.1397/2011 dated 17- 01-2013 issued under Sec.3G(3) of National Highways Act 1956 as arbitrary, illegal, capricious and violative of right guaranteed under Article 300-A of the Constitution of India apart from right to receive compensation under National Highways Act 1956 and consequently direct the respondents to pay the compensation to the petitioner for the land acquired under the notification by setting aside the endorsement dated 06-082016 and pass such other orders as may be deem fit and proper in the circumstances of the case.

IA NO: 1 OF 2017(WPMP 38771 OF 2017 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 direct the respondents to pay the compensation for the land of the petitioner acquired under notification dated 17- 01-2013 forthwith pending disposal of the above Writ Petition in this Hon'ble Court and pass such other orders as may be deem fit and proper in the circumstances of the case.

IA NO: 4 OF 2017(WPMP 178806 OF 2017 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 IA NO: 6 OF 2017(WPMP 199298 OF 2017 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 Counsel for the Petitioner:

1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S):

1. GP FOR LAND ACQUISITION (TG)

2. Y KOTESWAR RAO

3. GP FOR LAND ACQUISITION (AP)

4. P SARADA

5. S S VARMA (SC FOR NHAI)

The Court made the following Order:

The petitioner herein claims ownership over 4,937 sq. meters of land in R.S.No.602/8 of Nunna Village, Vijayawada Rural Mandal, Krishna District. This land was acquired under the provisions of the National Highways Act, 1956 and compensation of Rs.47,59,268/- was also awarded by way of an award.

2. The petitioner has approached this Court, by way of the present Writ Petition, with the contention that the said amount should be paid to him and the respondent authorities, by holding the said amount, are committing an action, which is arbitrary and illegal.

3. The 4^th respondent also claims the said land and it is stated that the said dispute, between the writ petitioner and the 4^th respondent, is presently before the learned XI Additional District Judge, Gudivada, by way of O.S.No.1 of 2023.

4. The rights of the petitioner as well as the 4^th respondent, over the said land and consequently for compensation, which has been fixed in the award, would have to be decided by a Civil Court.

5. I