Andhra Pradesh High Court - Amravati
Gullipalli Satyavathi vs The State Of Andhra Pradesh on 30 March, 2021
Author: M.Venkata Ramana
Bench: M.Venkata Ramana
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE THIRTIETH DAY OF MARCH, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA WRIT PETITION NO: 7494 OF 2021 Between: 1. Gullipalli Satyavathi W/o Atcha Rao, 2) Gullipalli Atcha Rao S/o Pedda Satyanarayana, 3) Gade Venkata Ramarao S/o Appala Swamy, 4) Jami Trimurthulu S/o Surya Rao, 5) Kottepalli Venkata Subramanyaraj S/o Subbaraju, 6) Soma Dalaya S/o Pedda Tavitayya, 7) Ijjirotu Narayana Rao S/o Chinama Naldu, 8) Palla Gangaraju S/o Sivudu, 9) Gullipalli Lakshmi w/o Ganapathi, 10) Gullipalli Jagadeesh S/o Ganapathi Rao, 11) Gullipalli Nageswara Rao S/o Ganapathi Rao, ...Petitioners AND 1. The State Of Andhra Pradesh, rep. by Its Principal Secretary, Revenue (L.A.) Department Secretariat, Velagapudi, Amaravati The Arbitrator-cum-District, Collector, West Godavari District at Eluru The Competent Authority (LA) & Sub Collector, Narsapur, West Godavari District. The Superintending Engineer, NH (R&B) Vijayawada. The Assistant Manager, IPRCL, Vijayawada. WU BWN ... Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, 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 2" respondent in issuing the impugned order dated 26.03.2021 bearing R.Dis.No.E- 1812953/2020/G1 rejecting the request made by the petitioners for enhancement of the award amount, as being illegal, arbitrary, unjust and unconstitutional and consequently set aside the same by directing the respondent authorities to enhance the award amount as per the prevailing at Rs.30,000/- per sq. yard. 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 suspend the impugned order passed by the 2" respondent dated 26.3.2021 bearing R.Dis,.No.E-1812953/2020/G1 including the demolition of the houses of the petitioners bearing H.Nos.13-658/1, 13-67, 13-23/1, 12-29/1, 13-63, 13-64, 13-64/1, 13-64/2, 5-43, 19-22-40, 13-69 situated at Undi Village and Mandal, West Godavari District, pending disposal of the main Writ Petition, 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 order of the High Court dated 29.03.2021 made in I.A No.1 of 2021 and upon hearing the arguments of Sri K.Mohan Ramireddy, Senior counsel appearing for Sri M.Kalyan Rao, Advocate for the Petitioners and GP for Land Acquisition for the Respondent Nos.1 & 3 and of Sri Narsi Reddy, GP for Roads & Buildings Respondent No.4 and the Court made the following: ORDER
Heard Sri K.Mohan Rami Reddy, learned counsel for the petitioners, Sri Narsi Reddy, learned Government Pleader representing 4h respondent and learned Assistant Government Pleader for Land Acquisition for respondents 1 and 3. Pursuant to the order dated 29.03.2021, the learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition produced prints out of the photographs. These photographs depict that the activity of demolition continued and the houses of the petitioners, which appear like mansions, were demolished. However, Sri KMohan Rami Reddy, learned counsel for the petitioners, contends that except the house of the 6'" petitioner, houses of other petitioners were demolished and that the 6°" petitioner also suffered a heart attack, who has been hospitalised. However, this contention is disputed by Sri Narsi Reddy, learned Government Pleader and learned Assistant Government Pleader for Land Acquisition. The complaint of the petitioners is that due procedure was not followed by the respondents in terms of Section 3-E of the National Highways Act before taking over possession of these properties and mandatory notice of 60 days was not issued. This fact is again disputed by the learned Government Pleader as well as learned Assistant Government Pleader for Land Acquisition, stating that due procedure in this context was already followed.
In terms of Section 3-A of the National Highways Act, the amount determined towards compensation to the petitioners should be deposited by the Central Government as per applicable Rules with the Competent Authority before taking possession of the land and thereupon, the Competent Authority is under an obligation to pay these amounts to the persons entitled thereto viz., the petitioners herein. The amount has not been deposited according to the petitioners as per this requirement nor have they been paid. This complaint appears to be justified, in as much as the learned Government Pleader and learned Assistant Government Pleader for Land Acquisition are not in a position now to inform the details of deposit. However, in as much as the undeniable fact is acquisition of the houses belonging go the petitioners and pursuant to the procedure followed in terms of National Highways Act in relation thereto the houses were also demolished. The petitioners are entitled for the compensation amount determined by the Competent Authority at any rate and if they are not satisfied with the arbitral award of the 2nd respondent District Collector, West Godavari, they should necessarily pursue the remedies in terms of Arbitration and Conciliation Act in terms of Section 3-G(6) of the National Highways Act, presenting an appropriate application to the District Court having jurisdiction to consider this matter. In the course of hearing, when suggested by this Court, Sri K.Mohan Rami Reddy, learned counsel for the petitioners, and Sri Narsi Reddy, learned Government Pleader, agreed to certain measures for disbursement of the amounts payable to the petitioners. As agreed upon by both the learned counsel, now it is directed as follows:
. The petitioners shall furnish their respective bank details including IFSC Code before the third respondent-Competent Authority (Land Acquisition) and Sub Collector, Narsapur, West Godavari District, by 2.00 p.m. on 31.03.2021. . Upon furnishing these bank details, the 3 respondent-Competent Authority (Land Acquisition) and Sub Collector, Narsapur shall intimate these details to the 4' respondent-Superintending Engineer and 5" Respondent-Assistant Manager, IPRCL, Vijayawada, immediately.
. Upon receiving such information, the 4% and 5" respondents shall remit the compensation amounts as determined by the 3 respondent to the respective bank accounts of the petitioners by electronic transfer and intimate the said fact to the 3 respondent immediately.
. The petitioners are entitled to receive and accept the amounts payable towards compensation under protest' reserving their right to question the compensation amount so determined, before Appropriate forum, if they are so advised and to register their protest they are at liberty to file appropriate memos before the 3 respondent.
The entire exercise as stated above shall be completed on or before 07.04.2021.
Till then, the respondents are directed not to take any further steps pursuant to taking over possession of these properties including demolition of structures, if any.
List on 08.04.2021 in 'motion list'.
The petitioners and the respondents shall inform the court compliance of the above directions on that day.
To,
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PY A Registry is directed to upload this order today. . SD/- CHITTI] JOSEPH ASSISTANT-REGIS R TRUE COPY// | SECTION OFFICER.
For ASSISTANT REGISTRAR The Principal Secretary, Revenue (L.A.), Department, State Of Andhra Pradesh, Secretariat, Velagapudi, Amaravati .
The Arbitrator-cum-District, Collector, West Godavari District at Eluru The Competent Authority (LA) & Sub Collector, Narsapur, West Godavari District. The superintending Engineer, NH (R&B) Vijayawada. OND tvr The Assistant Manager, IPRCL, Vijayawada.
One CC to Sri M.Kalyan Rao, Advocate [OPUC] Two CCs to GP for Land Acquisition, High Court Of Andhra Pradesh. [OUT] Two CC's to GP for Roads & Buildings High Court of A.P. [OUT] One spare copy 9 HIGH COURT a Meet, MVR,J DATED 30/03/2021 NOTE : LIST ON 08.04.2021 IN MOTION LIST ORDER WP No.7494 OF 2021 194 Manono:
DIRECTION - 37 MAR ON?