Andhra Pradesh High Court - Amravati
Bandaru Butchamma, vs National Highways Authority Of India, on 19 February, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI "es
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE NINETEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 3825 OF 2021 tong,
Between: Qe
1. Bandaru Butchamma, W/o Ramana, aged 45 years, Residing at Singamdora *xzgq ae
Village, K.Kotapadu Mandal, Visakhapatnam District.
2. Bokam Ramanamma, W/o Ramu, aged 48 years, Resident of Mogalipuram
Village, Sabbavaram Mandal, Visakhapatnam District - 531035.
3. Yalla Manga, W/o Ramana, aged 58 years, Resident of Sudivalasa Village,
K.Kotapadu Mandal, Visakhapatnam District
...Petitioners
AND
1. National Highways Authority of India, Ministry of Road Transport and Highways,
Represented by its Project Director - PIU (GQ) NHAI Enclave, Km 2/8,
Hanumanthavaka, Visakhapatnam
2. The Special Deputy Collector, Cum Competent Authority, Land Acquisition,
'National Highway -16, Visakhapatnam District.
3. Gandi Satyanarayana, S/o Appalaindu, aged 60 years, Resident of Mogalipuram
Village, Sabbavaram Mandal, Visakhapatnam District - 531035.
...Respondents
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 to
issue writ of mandamus or any other appropriate writ or order or direction, declaring the
action of the 2" Respondent in trying to disburse the compensation to the 3%
respondent in respect of land, admeasuring extents of 202 Sq Mts. in Survey
No.370/11, 81 Sq Mts in Survey No.370/12, 162 Mts in Survey No.370/14, 202 Sq Mts
in Survey No.370/14, 52 Sq Mts. in Survey No.370/15, 59 Sq Mts. in Survey No.370/16,
81 Sq Mts in Survey No.370/18-A totaling an extent of 839 Sq Mts of Gullepalle
Revenue Village, Sabbavaram Mandal, Visakhapatnam District determined under
Award Proceedings ignoring the rival claim of the petitioners by representation and legal
notice dated 08.02.2021 as arbitrary, illegal, contrary to the provisions of National
Highways Act, 1956, besides violative of Petitioner's rights guaranteed under Article 14
and 300A of Constitutions of India and consequently direct the 2" respondent to refer
the dispute between the petitioner and the respondents 3 to 5 to the decision of the
Principal Civil Court of Original Jurisdiction in terms of Section 3H(4) of the National
Highways Act, 1956.
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 the 1*
and 2" Respondents not to disburse the compensation to the 3rd respondent in respect
of land admeasuring extents of 202 Sq Mts. in Survey No.370/11, 81 Sq Mts in Survey
No.370/12, 162 Mts in Survey No.370/14, 202 Sq Mts in Survey No.370/14, 52 Sq Mts.
in Survey No.370/15, 59 Sq Mts. in Survey No.370/16, 81 Sq Mts in Survi. No.370/18-A
totaling an extent of 839 Sq Mts of Gullepalle Revenue Village, Sabbavaram Mandal,
Visakhapatnam District, pending disposal of WP 3825 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 Sri $.V.S.S.Siva Ram,
Advocate for the Petitioners and Sri S.S.Varma, Standing Counsel for the Respondent
No.1 and GP for Land Acquisition for the Respondent No.2,, the Court made the
following.
ORDER:
"Heard the learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition representing respondent No.2. The writ petition is filed aggrieved by the action of the 2™ respondent in trying to disburse the compensation to the 3 respondent in respect of the land in question, without considering the legal notice dated 08.02.2021, got issued by the petitioners as illegal, arbitrary etc., The learned counsel for the petitioners states that the petitioners are having a claim over the subject matter property and as the respondent-authorities are taking steps to pass an Award in respect of the same, treating the 3"
respondent alone is entitled to the compensation, representations as also a legal notice, dated 08.02.2021 was got issued. He submits that without considering the same, the 2"? respondent is proceeding to pass an Award and if the claim of the petitioners is not considered, they will suffer serious prejudice and irreparable loss.
Considering the submissions made, the 2™ respondent is directed to consider the representation/legal notice dated 08.02.2021 of the petitioners before passing any Award in respect of the land in question. However, the an respondent shall also give an opportunity to the 3™ respondent before considering the representation of the petitioners.
Post after three (3) weeks.
In the mean while, the learned counsel for the petitioners is permitted to take out personal notice on respondent No.3 and file proof of service, within a period of three (3) weeks."
SD/- M.Suryanadha Reddy ~ ASSISTANT REGIST IITRUE COPYI// He cg For ASSISTANT To,
1. The Project Director - PIU (GQ) NHAI Enclave, National Highways Authority of India, Ministry of Road Transport and Highways, Km 2/8, Hanumanthavaka, Visakhapatnam
2. The Special Deputy Collector, Cum Competent Authority, Land Acquisition, National Highway -16, Visakhapatnam District.
3. Gandi Satyanarayana, S/o Appalaindu, Resident of Mogalipuram Village, Sabbavaram Mandal, Visakhapatnam District - 531035. (Addresses 1 to 3 by RPAD) One CC to Sri. S.V.S.S.Siva Ram, Advocate [OPUC] One CC to Sri. S.S.Varma, Standing Counsel [OUT] Two CCs to GP for Land Acquisition, High Court of AP [OUT] One spare copy EGISTRAR NOOR MM HIGH COURT NJSJ DATED:19/02/2021 NOTE: POST AFTER THREE WEEKS ORDER WP.No.3825 of 2021 INTERIM DIRECTION Qo F ERS fea ot