Andhra Pradesh High Court - Amravati

P.Rajendra Prasad, vs National Highways Authority Of ... on 25 February, 2021

Bench: Ninala Jayasurya

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI--

   

(Special Original Jurisdiction)

THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY~
TWO THOUSAND AND TWENTY ONE

:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA_ /

WRIT PETITION NO: 4632 OF 2021-7 /
Between:
1. P.Rajendra Prasad, S/o. Venkata Subbaiah, aged about 60 years, residing at
D.No-13/6/600/44-157/J, P.K.Layout, Tirupati Urban, Chittoor District - 517501
2. B.Chandra Sekhar Reddy, S/o. B.Krishna Reddy, aged about 51 years, residing
at 14-51, Gowri Nagar, Renigunta, Chittoor District - 517520
3. R.Geetha Gowri, W/o.S.D.Ramamurthy, aged about 59 years, residing at H.No-
25-4-212, Vishnupuri, Near Bhavani Theatre, Kazipet, Warangal District - 506
003
4. §.Sankar Neeraj, S/o. S.D.Ramamurthy, aged about 28 years, residing at H.No-
25-4-212, Vishnupuri, Near Bhavani Theatre, Kazipet, Warangal District - 506
003
5. V.Ranga Rao, S/o. V.Venkateswarlu, aged about 67 years, residing at 19-11-
13A, Sarada Nagar, Tirupati Urban, Chittoor District - 517 501
6. P.Murugan, S/o. LatePovi Reddy, aged about 58 years, residing at 4-40, Bazaar
Street, Vadamalapeta, Chittoor District - 517 551
7. M.N.Ramesh, C/o.K.V.Nagaraj, aged about 55 years, residing at 30-
276/14/21and22, Shafi Nagar, Secundrabad, Telangana - 500 062
8. P.Valliyamma, W/o.P.Murugan, aged about 53 years, residing at 4-40, Bazaar
Street, Vadamalapeta, Chittoor District - 517 551
9. N.T.Pappu Reddiar, S/o. Late N.ThimmuReddiar, aged about 61 years, residing
at 11-72, Bugga Veedhi, Renigunta, Chittoor District - 517 520
10.S.Gaffur, S/o. Sayed Saheb, aged about 78 years, residing at 12-179, Bugga
Street, Renigunta, Pillapalem, Chittoor District - 517 520
11.Y.Sairam, S/o. Late Y.Kotaiah, aged about 59 years, residing at 1496, Gowri
Nagar, Renigunta, Chittoor District - 517 520
12.C.Ramesh Kumar, S/o. C.Santhanam, aged about 56 years, residing at 10-3,
V.M.Street, Renigunta, Chittoor District - 517 520
13.D.Partheepan Mudaliar, S/o. P.Devaraj Mudaliar, aged about 54 years, residing
at 12-758/2, Bugga Street, Renigunta, Chittoor District - 517 520
14.P.Nalini, C/o. P.Kammaiah Naidu, aged about 49 years, residing at 3-15/1,
Bajana Gudi Street, Kotala Village, Chandragiri Mandal, Chittoor District - 517
102 -
15.D.Jayachandra Naidu, S/o. D.Bhaskar Naidu, aged about 57 years, residing at
D.No-2/26, Penumallam Village, Yerpedu Mandal, Chittoor District - 517 526
16.K.Lakshmi, W/o.Basaveswararao, aged about 49 years, residing at 506,
Executive Residency, STV Nagar, AIR Bypass Road, Andhra Pradesh - 517 501
47.P.Chandana, D/o. Late P.Sambasiva Rao, aged about residing at D.No-19-8-
82/A/11, SBI Colony, R.C.Road, Tirupati, Chittoor District - 517 501.
18.M.Ushasri, W/o.S.Niranjan Babuji, aged about 59 years, residing at Plot No-
84885, Gruhalakshmi Layout, Near Gopi Krishna Oil Mill, Vedantapuram
Agraharam, Tirupati Rural, Chittoor District - 517 507
Petitioners__
AND
1. National Highways Authority of India, Represented by its Chief Genral Manager.
Having its Regional Office at Plot No.21, Teachers' Colony, Gurunanak Nagar
Road, Vijayawada - 520 008.
The District Collector, Chittoor District.
The Joint-Collector cum Land Acquisition Officer, Tirupati, Chittoor District.
Respondents ~~

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a Petition under Article 226 of the Constitution of India praying that in the circumstances

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stated in the affidavit filed therewith, the High Court may be pleased to issue an
appropriate writ, order or direction more particularly one in the nature of Writ of
Mandamus to declare the action of the respondents in proposing to make payments to
ineligible beneficiaries for acquisition of 12,950 Sq.mtrs of land in Sy.No.77/1B1 of
Kothapalem Village accounts, Renigunta Mandal, Chittoor District, without considering
the objections of the petitioners submitted vide letters dated 21.02.2018, 22.02.2018
and 21.08.2018 as illegal, arbitrary, contrary to the provisions of the National Highways
Act, [email protected] unconstitutional and consequently direct the respondents to pay the
compensation for acquisition of 12,950 Sq.mtrs of land in Sy.No.77/1B1 of Kothapalem
Village accounts- Renigunta Mandal, Chittoor District, to the petitioners, basing on the
decrees and judgments in O.S.No.39/2010, O.S.No.621/2009, O.S.No.585/2009,
0.S.No.735/2009, 0.S.No.617/2009, 0.S.No0.491/2009, 0.S.No.583/2009,
O.S.No.495/2009, O.S. No.619/2009, O.S. No.493/2009, O.S. No.529/2009,0S.
No.497/2009, O.S.No.705/2009, O.S.No.51 1/2009, O.S.No.515/2009, O.S.No.513/2009
and O.S.No.531/2009 passed by the Principal Senior Civil Judge, Tirupati and
O.S.No.490/2009 passed by the Addl. Senior Civil Judge, Tirupati; --

IA NO: 1 OF 2021--

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
respondents to consider the objections submitted by the petitioners dated 21.02.2018,
22.02.2018 and 21.08.2018in terms of Section 3H of the National Highways Act, 1956,
pending disposal of the Writ Petition No. 4632 of 2021, on the file of the High Court.

IA NO: 2 OF 2021 ----

Petition under Section 157 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to direct
respondents to stay the payment of compensation for acquisition of 12,950 Sq.Mtrs of
land in Sy.No.77/1B1 of Kothapalli Village accounts, Renigunta Mandal, Chittoor District
pending disposal of the Writ Petition No. 4632 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed'in support thereof and upon hearing the arguments of Smt.S.Pranathi Advocate for
the Petitioner and of learned Assistant GP for Land Acquisition for Respondent Nos.2 &
3, the Court made the following --

ORDER:

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition representing respondent Nos.2 and 3.

Learned counsel for the petitioners submits that without considering the objections of the petitioners, steps are being taken to disburse the compensation amount in respect of the subject matter property to third parties and if the same

is allowed, the petitioner's'interest would be seriously affected.

Learned Assistant Government Pleader, on the other hand, submits that the objections have been referred for enquiry to the concerned Tahsildar and further that in view of the rival claims, the amounts have not been disbursed so

far.

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/ Considering the submissions made by both the learned counsel, there shall be a direction to the third respondent to consider the objections of the petitioners and pass an order thereon under Section 3C(2) of the National Highways Act and thereafter follow the procedure contemplated under Section 3H(3) of the said Act. In view of the rival claims, no steps to disburse the amounts shall be taken without compliance of the above directions.

List the matter after three weeks.

pu gd/-M.RameshB? TRAR

To, a

4. The Chief Genral Manager, National Highways Authority of India, Having its Regional Office at Plot No.21, Teachers' Colony, Gurunanak Nagar Road,

Vijayawada - 520 008.

2. The District Collector, Chittoor District. --~

3 The Joint-Collector cum Land Acquisition Officer, Tirupati, Chittoor District. (1 to--- 3 by RPAD)

4. One CC to Smt.S.Pranathi Advocate [OPUC] --

5. Two CCs to GP for Land Acquisition, High Court of A.P.(OUT) a

6. One spare copy

SRL

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