Andhra Pradesh High Court - Amravati
Donthina Venka Reddy vs The Union Of India on 24 June, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.10002 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India, to declare the action of the respondents in threatening to take possession of the petitioner's land of an extent of Ac.0-42 ½ cents in Sy.No.33/3A of Maruproluvaripalem Village, Bapatla Mandal, Guntur District, without acquiring the land and without following due process of law under National Highways Act, 1956, as illegal, arbitrary and violative of Articles 21 and 300-A of the Constitution of India.
The main grievance of the petitioner is that, the petitioner is the owner of agricultural land in an extent of Ac.0-60 cents situated in Sy.No.33/3A of Maruproluvaripalem Village, Bapatla Mandal, Guntur District. The land is wet land and the petitioner is raising paddy crop.
The petitioner along with three other land owners filed W.P.No.18697 of 2019 as the respondents threatened to take possession of the petitioner's lands for the purpose of laying road. This Court vide order dated 26.05.2020 directed the respondents not to dispossess the petitioners from his lands without following due process of law under National Highways Act, 1956.
The respondents acquired an extent of 756 sq.mts of land belonging to the petitioner from out of Ac.0-60 cents in MSM,J WP.No.10002 of 2021 2 Sy.No.33/3A under Award No.20/2021-NH216 dated 25.02.2021. It is contended that remaining extent of land is in possession and enjoyment of this petitioner. The apprehension of this petitioner is that, the respondents are laying road without acquiring the remaining land of the petitioner in Ac.0-60 cents in Sy.No.33/3A and requested to issue a direction to the respondents not to lay road in the remaining land in Ac.0-60 cents Sy.No.33/3A of Maruproluvaripalem Village, Bapatla Mandal, Guntur District.
Learned Assistant Government Pleader for Land Acquisition placed on record written instructions of the Tahsildar, Bapatla dated 14.06.2021, whereunder, it is specifically mentioned that, an award was passed for the land of an extent of 756 sq.mts in Sy.No.33/3B of Maruproluvaripalem Village, Bapatla Mandal, Guntur District and awarded compensation of Rs.7,86,412/- to the petitioner. It is further contended that, an extent of Ac.0-3845 cents in Sy.No.33/3B of the petitioner's land was only notified under NH-216. As per the enjoyment survey, another extent of 171 sq.mts in Sy.No.33-4B of Maruproluvaripalem Village, Bapatla Mandal, Guntur District, is under possession of the petitioner was also identified under NH-216. But, the said Sy.No.33-4B was not included in pattdar passbook and the petitioner did not come forward to get the entries corrected in his pattdar passbooks as well as adangal. Therefore, compensation was not paid for the land of an extent of 171 sq.mts in Sy.No.33-4B of Maruproluvaripalem Village, Bapatla Mandal, Guntur District and agreed to pay compensation if the petitioner come forward.
MSM,J WP.No.10002 of 2021 3 During hearing, Sri D. Krishna Murthy, learned counsel for the petitioner would contend that, question of payment of compensation for 171 sq.mts does not arise, as it was not acquired and no award is passed. If 171 sq.mts is acquired, the petitioner is ready to accept the compensation, subject to his entitlement at enhanced rate.
Admittedly, as per award, only 756 sq.mts in Sy.No.33/3B of Maruproluvaripalem village was notified and awarded compensation of Rs.7,86,412/-. Further, 171 sq.mts belonging to this petitioner in Sy.No.33/4B of the same village was not acquired and no award is passed.
According to the petitioner, the petitioner is the owner of land in Sy.No.33/3A, but after acquisition, it was sub-divided into Sy.No.33/3B. However, he is the owner of alleged land in Sy.No.33/3A, which is not acquired by passing appropriate award in terms of the provisions of National Highways Act, 1956. Therefore, the respondents are not entitled to lay road without acquiring the property by following the procedure under Sections 3A, 3C, 3D and 3G of the National Highways Act, 1956. Hence, the respondents are hereby directed not to interfere with the possession and enjoyment of the land of the petitioner in Sy.No.33/3A of Maruproluvaripalem Village, Bapatla Mandal, Guntur District, till it is acquired by passing appropriate award under the provisions of National Highways Act, 1956.
MSM,J WP.No.10002 of 2021 4 With the above direction, writ petition is disposed of, at the stage of admission. No costs.
Consequently, pending miscellaneous applications, if any, shall stand dismissed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:24.06.2021 SP