Landowners challenged national highway acquisition awards over delayed deposit of compensation. The court upheld the awards and dismissed the petitions, holding that the statutory acquisition requirements were satisfied and fresh acquisition proceedings were unnecessary once the award amounts were duly deposited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
* THE HON'BLE SRI JUSTICE B KRISHNA MOHAN
+ WRIT PETITION Nos. 13995 of 2022, 1648, 1655, 3673, 9033 and 5025 of 2023
% 20.06.2023
W.P.No. 13995 of 2022:
Between:
Ravi Chandramma, W/o. Late Venkata Krishnaiah, aged about 71 years, agriculture, R/o. 1-22-A, Raavi Venkatampalli Village, Tadipatri Mandal, Ananthapur District and 2 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 3 others.
….Respondents
W.P.No. 1648 of 2023:
Between:
Karanam Girijamma, W/o. Madineni Mallikarjuna Naidu aged 39 years, housewife, S Kothapalli Vilalge, A Kodur Post, R.S Kondapuram Mandalam, YSR Kadapa District and 12 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6,
2
Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
W.P.No. 1655 of 2023:
Between:
Mula Venkateswara Reddy, S/o. Mula Pedda Rami Reddy aged about 60 years, agriculture, R/o Kotapadu Village, Kolimigundla Mandal, Nandyal District and 3 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
W.P.No. 3673 of 2023:
Between:
Alamuru Sarala, W/o. A. Ravi Chandra Reddy, Aged about 42 years, R/o. 9/63, Ullikallu Village, Singanamala Mandalam, Anantapur District- 515611 and 9 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
3
W.P.No. 9033 of 2023:
Between:
Jetty Sanjeeva Rayudu, S/o. J. Balanna, aged about 46 years, R/o. D.No. 3/584, 3rd Road, Krishnapuram, Tadipatri Town and Mandal, Ananthapur District and 21 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
W.P.No. 5025 of 2023:
Between:
T. Lakshmi Narasamma, W/o. T. Obulesu, Aged about 50 years, R/o. D.No. 4-376, Kukatpally, Hyderabad and 2 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
! Counsel for the petitioners : Sri K. Rathanga Pani Reddy
4
^ Counsel for the respondents
: Government Pleader for Land Acquisition for R1, Government Pleader for Revenue
<Gist: >Head Note: ? Cases referred:
5
HIGH COURT OF ANDHRA PRADESH WRIT PETITION Nos. 13995 of 2022, 1648, 1655, 3673, 9033 and 5025 of 2023
W.P.No. 13995 of 2022:
Between:
Ravi Chandramma, W/o. Late Venkata Krishnaiah, aged about 71 years, agriculture, R/o. 1-22-A, Raavi Venkatampalli Village, Tadipatri Mandal, Ananthapur District and 2 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 3 others.
….Respondents
W.P.No. 1648 of 2023:
Between:
Karanam Girijamma, W/o. Madineni Mallikarjuna Naidu aged 39 years, housewife, S Kothapalli Vilalge, A Kodur Post, R.S Kondapuram Mandalam, YSR Kadapa District and 12 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
6
W.P.No. 1655 of 2023:
Between:
Mula Venkateswara Reddy, S/o. Mula Pedda Rami Reddy aged about 60 years, agriculture, R/o Kotapadu Village, Kolimigundla Mandal, Nandyal District and 3 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
W.P.No. 3673 of 2023:
Between:
Alamuru Sarala, W/o. A. Ravi Chandra Reddy, Aged about 42 years, R/o. 9/63, Ullikallu Village, Singanamala Mandalam, Anantapur District- 515611 and 9 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
W.P.No. 9033 of 2023:
Between:
7
Jetty Sanjeeva Rayudu, S/o. J. Balanna, aged about 46 years, R/o. D.No. 3/584, 3rd Road, Krishnapuram, Tadipatri Town and Mandal, Ananthapur District and 21 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
W.P.No. 5025 of 2023:
Between:
T. Lakshmi Narasamma, W/o. T. Obulesu, Aged about 50 years, R/o. D.No. 4-376, Kukatpally, Hyderabad and 2 others.
….Petitioners
And
$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
DATE OF ORDER PRONOUNCED: 20.06.2023.
SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE B KRISHNA MOHAN
8
| 2. Whether the copies of order may be marked | |
|---|---|
| to Law Reporters/Journals? |
Yes/No |
| 3. Whether Your Lordships wish to see the fair | |
| Copy of the Order? |
Yes/No |
_______________________________ JUSTICE B KRISHNA MOHAN
9
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN
TUESDAY, THE 20TH DAY OF JUNE, TWO THOUSAND AND TWENTY THREE
WRIT PETITION Nos. 13995 of 2022, 1648, 1655, 3673, 9033 and 5025 of 2023
W.P.No. 13995 of 2022:
Between:
Ravi Chandramma, W/o. Late Venkata Krishnaiah, aged about 71 years, agriculture, R/o. 1-22-A, Raavi Venkatampalli Village, Tadipatri Mandal, Ananthapur District and 2 others.
….Petitioners
And
The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 3 others.
….Respondents
W.P.No. 1648 of 2023:
Between:
Karanam Girijamma, W/o. Madineni Mallikarjuna Naidu aged 39 years, housewife, S Kothapalli Vilalge, A Kodur Post, R.S Kondapuram Mandalam, YSR Kadapa District and 12 others.
….Petitioners
And
10
The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
W.P.No. 1655 of 2023:
Between:
Mula Venkateswara Reddy, S/o. Mula Pedda Rami Reddy aged about 60 years, agriculture, R/o Kotapadu Village, Kolimigundla Mandal, Nandyal District and 3 others.
….Petitioners
And
The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
W.P.No. 3673 of 2023:
Between:
Alamuru Sarala, W/o. A. Ravi Chandra Reddy, Aged about 42 years, R/o. 9/63, Ullikallu Village, Singanamala Mandalam, Anantapur District515611 and 9 others.
….Petitioners
And
The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
11
W.P.No. 9033 of 2023:
Between:
Jetty Sanjeeva Rayudu, S/o. J. Balanna, aged about 46 years, R/o. D.No. 3/584, 3rd Road, Krishnapuram, Tadipatri Town and Mandal, Ananthapur District and 21 others.
….Petitioners
And
The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
W.P.No. 5025 of 2023:
Between:
T. Lakshmi Narasamma, W/o. T. Obulesu, Aged about 50 years, R/o. D.No. 4-376, Kukatpally, Hyderabad and 2 others.
….Petitioners
And
The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.
….Respondents
12
COMMON ORDER:
In all these cases the common issue is involved and as
such the following common order is passed. But for the said purpose, the facts in W.P.No. 13995 of 2022 are taken up as under:
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1956 was published on 06.08.2018 in Sakshi News Daily vide reference No. G-1/4090/2017 dated 27.09.2018. Thereafter no further steps were taken by the respondents in all these years. The petitioners were under the impression that no longer the respondents require the said lands of the petitioners. But to their utter surprise and shock, the 4th respondent convened a meeting on 16.03.2022 and informed the petitioners/land owners that they are proposing to pay the compensation as per the award in Rc.No. GT1, NH/3498/21022 dated 05.03.2022 which was addressed to the 4th respondent by the 3rd respondent. They were informed that the 3rd respondent already passed the awards and they will pay the amounts determined in the said awards under Section 3 (G) of the Act which were passed on various dates between 22.09.2018 to 10.06.2019. With a great difficulty, the petitioners could secure the impugned award No. 22 of 2018 dated 27.09.2018.
14
Section 3(H) of the above said Act and it is contrary to the judgment reported in 1994 (3) ALT 175.
proceedings of the 3rd respondent addressed to the 4th respondent dated 05.03.2022 stating that the Project Director, NHAPIU, Ananthapuram informed that previously the awards were passed and compensation was stopped and the lands were not handed over, at present the Project Director requested to expedite the land acquisition proposals as per the above instructions and as per the award files available. It is noticed that the requisitions were received during the year 2017-18, the 3 (A), 3(D) and 3(G) were published in the years 2017 and 2018 and the awards under section 3 (G) was passed between 22.09.2018 to 10.06.2019 on various dates. The Joint Collector instructed to obtain the basic value details as on 01.01.2022 from the concerned Sub-Registrars. In view of the same, the RDO, Ananthapur and the Tahasildar of Tadipatri and other Mandals were directed to obtain the basic values of the above said lands mentioned in the above said awards as on 01.01.2022 from
15
the concerned Sub-Registrar Offices and to submit report thereon.
the National Highways Act, 1956 declaring its intention to acquire the lands specifying the lands and extent of the land
16
proposed to be acquired including the petitioners’ lands covering twenty three (23) villages of seven (7) mandals in Anantapur District requesting the interested persons in the said land may within 21 days from the date of publication may raise objections for the use of the said land for the above said purpose. Under Section 3(C)(2) of the said Act, such objections shall be made to the competent authority i.e., the 3rd respondent herein. The contents of the above said notifications were published in vernacular languages under Section 3 of the Act in two (2) Daily Newspapers, Telugu and English. Under Section 3 (A) (1) of the Act, the lands proposed for acquisition were surveyed and sub-division records and sketches were prepared to arrive at true area of the proposed acquisition of the land with trees/structures and submitted the proposals under Section 3 (D) (1) of the NH Act, 1956 by the 3rd respondent. The Central Government issued notifications under Section 3(D)(1) of the NH Act, 1956 and published in the Gazette of India, New Delhi vide SO.No.3085(E) dated 21.06.2018, S.O.No.3082(E) dated 21.06.2018 and S.O.No.4932(E) dated 19.09.2018. In pursuance of Section 3(D)(2) of the said Act, the Central
17
Government declared that on publication of 3(D) notifications under the sub Section 1 in the official gazette, the land specified in the said schedule was vested absolutely now free from all the encumbrances. After due enquiry of the objections, the published notification under Section 3 (G) was issued vide proceedings of the 3rd respondent in Rc.No. G1/4090/2017 dated 04.08.2018 and 29.10.2018 respectively, wherein the petitioners’ lands have also been published indicating the details of each land and its occupants requiring them to appear in person or through an agent or through a Legal practitioner along with the documents before the 3rd respondent. The said 3 (G) notifications have also been published in vernacular languages in two (2) Daily Newspapers.
18
of the powers conferred under Section 113 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), the land compensation has been determined for the said lands proposed for acquisition for NH-544 D under Sections 26 to 30 and the 1st schedule of Section 30 (2) of the said Act.
19
provisions of the NH Act, 1956. The central government also called for tenders for construction of NH-544 D for package-2 of Anantapur for fixing the bid opening date as 01.03.2019. These are all the decisions of the central government for the construction of the roads/National Highways. Once the award amount is deposited with the 3rd respondent/CALA, the land acquisition proceedings are completed and there is no necessity to go with initiation of fresh land acquisition proposals for the same lands which were notified and concluded the land acquisition process.
of cases are valid?
20
It is to be seen that the 3rd respondent passed the award No.22 of 2018 dated 27.09.2018 basing upon the notifications under Section 3 (A) of NHAI Act, 1956 published vide S.O.No. 3654 (E) dated 20.11.2017, notification under Section 3 (D) of NHAI Act, 1956 published vide S.O.No. 3085 (E) dated 21.06.2018 and S.O.No. 3082 (E) dated 21.06.2018 and the proceedings published under Section 3 (G) of the Act dated 04.08.2018 and other proceedings as referred in the said award. The said impugned award discloses that the Project Director, NHAI, Anantapur deposited the land compensation i.e., the 3rd respondent and the total amount of compensation of Rs.1,67,71,129/- (Rupees One Crore Sixty Seven Lakhs Seventy One Thousand One Hundred and Twenty Nine only) is fixed to pay the same from out of the deposited funds. The lands acquired have to be handed over to the Project Director, NHAI, Government of India. The right on the lands to be entered in the name of the National Highways, Government of India and the lands coming under
21
the acquisition of this award are exempted from land revenue from the date of declaration of the award. The 3rd respondent consequently addressed the proceedings to the 4th respondent dated 05.03.2022 stating that as per the above available award files, it is noticed that the requisitions were so received during the year 2017-18, Section 3(A), 3(D) and 3(G) were published in the year 2017-18 and the awards under Section 3 (G) was passed between 22.09.2018 to 10.06.2019 on various dates and the Revenue Divisional Officers concerned are directed to obtain basic values of the above said lands as on 01.01.2022 from the concerned Sub-Registrars for submission of the report immediately.
“The draft declaration under Section 6 of the Act was published locally on 94-1992. Reckoning two years tom that date and even excluding 9-4-1992, the Award ought to have been passed by 9-4-1994. But, in the instant case, the Award
1 1994 3 ALT 175 (SB)
22
was passed on 74-1994 and if it is taken apparently as such, technically the requirement under Section 11-A of the Act is satisfied. But the very intendment and object of the mending Act 68 of 1984 in incorporating Section 11-A into the Act was to see that the compensation kept ready at the disposal of the Land Acquisition Officer while passing the Award so that soon after the Award is passed, either it is disbursed to the awardees and in case there is a dispute with regard to the same, refer to a Civil Court under Section 30 of the Act along with the amount. I cannot countenance an argument that since the Award is passed on 7-4-1994 even there being no amount with the Land Acquisition Officer at his disposal to disburse the same to the awardees, the requirement under Section 11-A of the Act is satisfied. The requirement under Section 11-A of the Act is a mandatory one and not a directory and there is no meaning in passing an Award without there being money readily available with the Land Acquisition Officer for disbursement. If the money is not at the disposal of the Land Acquisition Officer at the time of passing of the Award, even if the Award is passed, it is only a paper Award and such a technical satisfaction under Section 11-A of the Act is not contemplated. Section 11-A of the Act substantively requires not only passing of the Award within so years, but also keeping the amount awarded ready with the Land Acquisition Officer at the time of passing of the Award for the purpose of disbursement or deposit as mentioned above. In the instant case, it is clear from the counter-affidavit that even as on this date, the Land
23
Acquisition Officer is not ready with the compensation awarded and he is awaiting sanction from the Government for the warded amount. In the circumstances, I hold that the mandatory requirement under Section 11-A of the Act has not been satisfied by the respondent and Section 11-A of the Act operated and the notification issued under Section 4(1) of the Act stood extinguished. As an inevitable corollary, the impugned Award dated 7-4-1994 became nonest under law. This order shall not preclude the respondent from taking steps for issuing fresh notification under Section 4(1) of the Act and then to proceed afresh from that stage.”
That is the case of Section 11-A of the Land Acquisition Act, 1894 which substantively requires not only passing of the award within two (2) years but also keeping the amount awarded ready with the Land Acquisition Officer, at the time of passing of the award for the purpose of disbursement as mentioned above. In that case, it was found that the Land Acquisition Officer is not ready with the compensation awarded amount and he was waiting for sanction from the government for the said awarded amount. Hence, it was held that it is a mandatory requirement under Section 11A of the
Act and as such the Section 4(1) notification and the impugned award dated 07.04.1994 were set aside as non est
24
under law with a liberty for the authorities to issue a fresh notification under Section 4(1) of the said Act.
The National Highways Act, 1956 was enacted by the Parliament to provide for the declaration of certain Highways as National Highways and for the matters connected therewith. The Sections 3 (A) to 3(I) of the said Act contains the comprehensive scheme for the acquisition of the land for the building, maintenance, management or operation of the National Highways and determination of amount payable as compensation and other related issues.
Section 3A: Power to acquire land, etc. (1) Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the official gazette, declare its intention to acquire such land.
(2) Every notification under sub-section (1) shall give brief description of the land.
25
(3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.
---- 3B:…
Section 3C: Hearing of objections . (1) Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (l) of section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section.
(2) Every objection under sub-section (l) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, it any, as the competent authority thinks necessary, by order, either allow or disallow the objections.
Explanation: For the purposes of this sub-section, “legal practitioner” has the same meaning as in clause (i) of subsection (l) of section 2 of the Advocates Act, 1961 (25 of 1961).
(3) Any order made by the competent authority under subsection (2) shall be final.
Section 3(D): Hearing of objections: (1) Any person interested in the land may, within twenty one days from the date of publication of the notification under sub-section (1) of
26
section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section.
(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances.
(3) Wherein respect of any land, a notification has been published under sub-section (1) of section 3A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect.
Provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of section 3A is stayed by an order of a court shall be excluded.
(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.
Section 3E: Power to take Possession: (1) where any land has vested in the Central Government under sub-section (2) of section 3D, and the amount determined by the competent authority under section 3G with respect to such land has been deposited under sub-section (1) of section 3H, with the competent authority by the Central Government, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the
27
competent authority or any person duly authorized by it in this behalf within sixty days of the service of the notice.
(2)…
(a)..
(b)…
3F… Section 3G: Determination of amount payable as compensation: (1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.
(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten percent, of the amount determined under sub-section (1), for that land.
(3) Before proceeding to determined the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.
(4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land.
(5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not
28
acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.
(6)…
(7)…
Section 3H: Deposit and payment of amount: (1) the amount determined under section 3G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land.
(2)… (3).. (4)…. (5)…. (6)…..
3I….
Section 3J: Land Acquisition Act 1 of 1894 not to apply:
Nothing in the Land Acquisition Act, 1894 shall appy to an acquisition under this Act.
| S.No. | Details of Notification | Dated |
|---|---|---|
| 1 | 3A Notification vide S.O.No. 3654 (E) | 20.11.2017 |
| 2 | 3D Declaration of Acquisition vide S.O.No. 3082 (E) |
21.06.2018 |
| 3 | 3G Public Notice U/s. 3G(3) & (4) in Rc.No. G1/4090/2017 |
04.08.2018 |
| 4 | Award U/s. 3G vide Award No. 22/2018 |
22.09.2018 |
Hyderabad for the State of Telangana in Pasula Ravinder v.
29
Union of India and others in W.P.No. 21082 of 2016 dated
01.05.2019, it was observed at para No. 19 as under:
“ Thus, by virtue of the above order, it is clear that the Central Government has specifically made the provisions of Act 30 of 2013, relating to the determination of compensation and rehabilitation and resettlement as were made applicable to cases of land acquisition under the said enactments in the interest of the land owners, applicable to Act 48 of 1956. The provision prescribing the period of limitation under Section 25 of Act 30 of 2013, with regard to passing of award within one year from the date of publication of the declaration, has not been made applicable to the acquisitions under the Act 48 of 1956. In the absence of any such provision, the period prescribed under the Act 30 of 2013, with regard to passing of the award from the date of publication of declaration under Section 25 of Act 30 of 2013, cannot be imported to Act 48 of 1956.”
“16. ….. this Court is of the considered opinion that Section 25 of the Act 30 of 2013 has no application to the land acquired under the provisions of the N.H. Act. Hence, the contentions advanced by the learned counsel for the petitioners regarding applicability of Section 25 of Act 30 of 2013 to the acquisition of land under the N.H. Act and that the acquisition proceedings are lapsed and the Award is liable to be declared as null and void as
30
the same was passed beyond the time prescribed under the said Section/beyond limitation cannot be accepted.”
31
provisions of Section 3A to 3H of the N.H. Act, 1956, once the award amount is deposited duly with the 3rd respondent, the land acquisition proceedings are deemed to have been completed and there is no necessity to go for initiation of fresh land acquisition proceedings for the same lands which were notified and concluded. It is also noted that “The National Highways (Manner of Depositing The Amount By The Central Government; Making Requisite Funds Available To The Competent Authority For Acquisition Of Land) Rules, 2019” with effect from 18.01.2019 superseded the earlier Rules of 1998. Therefore, it is for the 3rd respondent to disburse the compensation amount to the awardees which is in deposit. Since the subject land is vested with the Central Government free from all encumbrances, the awards were passed determining the compensation amount also and the deposited amount is kept ready for disbursement, the proposed project shall proceed with by expediting the same to provide smooth, safe and uninterrupted traffic movement in this specified stretch reducing the travel time and saving fuel and maintenance cost of the vehicles in the interests of the commuters and the public at large. Keeping in view of the
32
importance of the subject project, the respondent-authorities shall act further swiftly in accordance with law to complete the same in all aspects.
batch of cases are upheld as valid, under law.
No costs.
As a sequel, miscellaneous petitions pending, if any,
shall stand closed.
_______________________________ JUSTICE B KRISHNA MOHAN
20.06.2023. Note: L.R. copy to be marked B/o: UPS
2 issues framed by the court
Were the national highway acquisition awards invalid because compensation was not deposited when the awards were passed?
Was fresh acquisition necessary after the award amounts had been deposited with the competent authority?
Colour shows how this judgement treated each authority
1994 3 ALT 175 (SB)Distinguished¶254
Pasula Ravinder v. Union of India and othersRelied on¶245
W.P.No. 21082 of 2016
W.P.No. 10583 of 2020Relied on¶250
2 provisions across 1 enactments
Ravi Chandramma
The National Highways Authority of India
Karanam Girijamma
Mula Venkateswara Reddy
Alamuru Sarala
Jetty Sanjeeva Rayudu
B KRISHNA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
