Dismissed

Mula Venkatcswara Reddy v. The National Highways Authority of India

Andhra Pradesh HC20 Jun 2023WP/1655/2023

Case brief

AI extract

What is this about?

Landowners challenged highway acquisition awards for failure to deposit compensation when the awards were passed. The court upheld the awards and dismissed the petitions, holding that the subsequent deposit completed the acquisition proceedings and fresh acquisition was unnecessary. It directed disbursement of the deposited compensation.

What the court decided

AI extract

Mula Venkatcswara Reddy Vs The National Highways… — Land Acquisition | Andhra Pradesh HC (2023)

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* THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

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+ WRIT PETITION Nos. 13995 of 2022, 1648, 1655, 3673, 9033 and 5025 of 2023

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% 20.06.2023

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W.P.No. 13995 of 2022:

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Between:

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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.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 3 others.

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….Respondents

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W.P.No. 1648 of 2023:

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Between:

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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.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6,

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Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 1655 of 2023:

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Between:

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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.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 3673 of 2023:

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Between:

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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.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 9033 of 2023:

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Between:

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Jetty Sanjeeva Rayudu, S/o. J. Balanna, aged about 46 years, R/o. D.No. 3/584, 3^rd Road, Krishnapuram, Tadipatri Town and Mandal, Ananthapur District and 21 others.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 5025 of 2023:

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Between:

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T. Lakshmi Narasamma, W/o. T. Obulesu, Aged about 50 years, R/o. D.No. 4-376, Kukatpally, Hyderabad and 2 others.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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! Counsel for the petitioners : Sri K. Rathanga Pani Reddy

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^ Counsel for the respondents

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: Government Pleader for Land Acquisition for R1, Government Pleader for Revenue

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<Gist: >Head Note: ? Cases referred:

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1994 3 ALT 175 (SB)

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HIGH COURT OF ANDHRA PRADESH WRIT PETITION Nos. 13995 of 2022, 1648, 1655, 3673, 9033 and 5025 of 2023

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W.P.No. 13995 of 2022:

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Between:

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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.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 3 others.

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….Respondents

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W.P.No. 1648 of 2023:

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Between:

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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.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 1655 of 2023:

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Between:

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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.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 3673 of 2023:

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Between:

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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.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 9033 of 2023:

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Between:

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Jetty Sanjeeva Rayudu, S/o. J. Balanna, aged about 46 years, R/o. D.No. 3/584, 3^rd Road, Krishnapuram, Tadipatri Town and Mandal, Ananthapur District and 21 others.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 5025 of 2023:

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Between:

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T. Lakshmi Narasamma, W/o. T. Obulesu, Aged about 50 years, R/o. D.No. 4-376, Kukatpally, Hyderabad and 2 others.

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….Petitioners

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And

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$ The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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DATE OF ORDER PRONOUNCED: 20.06.2023.

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SUBMITTED FOR APPROVAL:

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THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

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Whether Reporters of Local newspapers may be allowed to see the Order? Yes/No

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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

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_______________________________ JUSTICE B KRISHNA MOHAN

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

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TUESDAY, THE 20^TH DAY OF JUNE, TWO THOUSAND AND TWENTY THREE

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WRIT PETITION Nos. 13995 of 2022, 1648, 1655, 3673, 9033 and 5025 of 2023

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W.P.No. 13995 of 2022:

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Between:

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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.

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….Petitioners

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And

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The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 3 others.

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….Respondents

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W.P.No. 1648 of 2023:

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Between:

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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.

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….Respondents

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W.P.No. 1655 of 2023:

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Between:

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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.

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….Petitioners

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And

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The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 3673 of 2023:

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Between:

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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.

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….Petitioners

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And

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The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 9033 of 2023:

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Between:

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Jetty Sanjeeva Rayudu, S/o. J. Balanna, aged about 46 years, R/o. D.No. 3/584, 3^rd Road, Krishnapuram, Tadipatri Town and Mandal, Ananthapur District and 21 others.

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….Petitioners

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And

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The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

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….Respondents

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W.P.No. 5025 of 2023:

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Between:

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T. Lakshmi Narasamma, W/o. T. Obulesu, Aged about 50 years, R/o. D.No. 4-376, Kukatpally, Hyderabad and 2 others.

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….Petitioners

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And

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The National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwaraka, New Delhi and 4 others.

….Respondents

COMMON ORDER:

In all these cases the common issue is involved and as

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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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This writ petition is filed questioning the award No. 22 of 2018 passed by the 3^rd respondent dated 27.09.2018 without depositing the compensation amount which is contrary to Section 3(A) to 3(H) of the National Highways Act, 1956.

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The learned Counsel for the petitioners submits that the petitioners’ lands were notified vide preliminary notification dated 09.12.2017 under Section 3(A) of the National Highways Act, 1956 publishing the same in Sakshi News Daily for the purpose of laying the National Highway No. 544 (D) from Ananthapuram to Giddalur Road Section covering the notification in S.O 3654 (E) dated 20.11.2017 of the Government of India, Ministry of Road Transport and Highways (ch.0.000 KM to ch. 69.000 KM). Declaration of acquisition under Section 3 (G) of the National Highways Act,

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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 4^th 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 4^th respondent by the 3^rd respondent. They were informed that the 3^rd 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.

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The learned counsel for the petitioners submits that the above said impugned award shall be treated as “paper award” only as no compensation was deposited as required under

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Section 3(H) of the above said Act and it is contrary to the judgment reported in 1994 (3) ALT 175.

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The learned counsel for the petitioners also refers to the

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proceedings of the 3^rd respondent addressed to the 4^th 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

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the concerned Sub-Registrar Offices and to submit report thereon.

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On the other hand, the respondent Nos. 1 to 3 filed the counter affidavits and relying upon the same, the respondents’ counsels submit that the Central Government started a project for up-gradation of the Highway starting from junction with NH-44 at Anantapur in the stretch from KM 0.000 to KM 69.000 in Anantapur District connecting Tadipatri, Kolimigundla, Owk, Banaganipally, Gajulapally and Giddalur of NH-544 D in the state of Andhra Pradesh to two/four lane with paved shoulder connecting Amaravati in a length of 430 KM. In exercise of the powers conferred under Section 3(A) of NH Act, 1956 (48 of 1956) the Central Government authorized the 3^rd respondent as the competent authority for land acquisition for NH-544 D vide SO. No. 2698 (E) dated 21.08.2017 published in the Gazette of India, New Delhi. The Central Government issued notification for acquisition of land vide SO.No.3654(E) dated 20.11.2017 and SO.No.3694 (E) dated 27.07.2018 under Section 3(A)(1) of

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the National Highways Act, 1956 declaring its intention to acquire the lands specifying the lands and extent of the land

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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 3^rd 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 3^rd 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

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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 3^rd 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 3^rd respondent. The said 3 (G) notifications have also been published in vernacular languages in two (2) Daily Newspapers.

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As per the schedule dates fixed under Section 3 (G) notifications, the 3^rd respondent conducted enquiry and received the objections petitions filed by the land owners and the interested persons. The land proposed for acquisition have also been inspected by the 3^rd respondent along with the concerned revenue staff and NHAI officials in connection with the fixation of the market value of the lands. In exercise

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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 1^st schedule of Section 30 (2) of the said Act.

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They further contended that thirty nine (39) awards were passed for twenty (20) villages by the 3^rd respondent on various dates between 22.09.2018 to 10.06.2019 including the petitioners’ lands of Chinapolameda Village of Tadipatri Mandal vide award No. 22 of 2018 dated 22.09.2018 and award No. 5 of 2019 dated 22.09.2018 as detailed in the schedule enclosed to the said award. An amount of Rs.1,67,71,129/- (Rupees One Crore Sixty Seven Lakhs Seventy One Thousand One Hundred and Twenty Nine only) was also approved towards the land compensation for Chinapolameda Village vide RO, NHIA vide letter No. 2555 dated 02.11.2018 and the said amount was also deposited in the account of the 3^rd respondent bearing No.4011868987 dated 14.11.2018. Thus, the procedure was started in the matter of the above said land acquisition under the

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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 3^rd 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.

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The learned Standing Counsel also relied upon the decision of the High Court at Hyderabad for the State of Telangana in W.P.No. 21082 of 2016 dated 01.05.2019 and the decision of this Court in W.P.No. 10583 of 2020 dated 30.04.2021.

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Then the issues fell for consideration are as under:

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1. Whether the impugned awards passed in these batch

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of cases are valid?

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If so, to what relief?

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In the light of the above said facts and circumstances and upon consideration of the rival contentions, the above said issues are answered as follows:

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It is to be seen that the 3^rd 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 3^rd 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

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the acquisition of this award are exempted from land revenue from the date of declaration of the award. The 3^rd respondent consequently addressed the proceedings to the 4^th 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.

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The decision of the erstwhile High Court of Andhra Pradesh at Hyderabad reported in 1994 3 ALT 175 (SB) in the matter of W.P.No. 14320 of 1994 dated 14.09.1994¹ reads as under:

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“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

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1 1994 3 ALT 175 (SB)

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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

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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.”

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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

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Act and as such the Section 4(1) notification and the impugned award dated 07.04.1994 were set aside as non est

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under law with a liberty for the authorities to issue a fresh notification under Section 4(1) of the said Act.

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Since this is a case arising out of the provisions of the National High ways Act, 1956, some of the relevant provisions have to be referred as under:

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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.

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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.

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(2) Every notification under sub-section (1) shall give brief description of the land.

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(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.

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---- 3B:…

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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.

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(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.

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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).

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(3) Any order made by the competent authority under subsection (2) shall be final.

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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

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section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section.

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(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances.

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(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.

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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.

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(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.

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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

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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.

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(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.

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(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.

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(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.

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(5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not

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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.

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(6)…

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(7)…

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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.

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(2)… (3).. (4)…. (5)…. (6)…..

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3I….

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Section 3J: Land Acquisition Act 1 of 1894 not to apply:

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Nothing in the Land Acquisition Act, 1894 shall appy to an acquisition under this Act.

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The relevant notification details are as under:

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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

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In the decision rendered by the High Court at

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Hyderabad for the State of Telangana in Pasula Ravinder v.

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Union of India and others in W.P.No. 21082 of 2016 dated

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01.05.2019, it was observed at para No. 19 as under:

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“ 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.”

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The Learned Single Judge of this Court in W.P.No. 10583 of 2020 dated 30.04.2020 held at para No. 16 of the order as under:

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“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

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the same was passed beyond the time prescribed under the said Section/beyond limitation cannot be accepted.”

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In this case, the compensation amount was deposited on 30.06.2022. As could be seen from the dates and events as state above, it is clear that the respondents have followed the above said provisions of the National Highways Act, 1956 in the matter of acquisition of the subject lands for the above said project and the other relevant laws for the purpose of determination of the compensation while passing the award respectively. As per Section 3(J) of the said Act, there is a specific bar to apply the provisions of the Land Acquisition Act, (1) of 1894. In view of the same, the judgment rendered in W.P.No. 14320 of 1994 dated 14.09.1994 reported in 1994 3 ALT 175(SB) of the erstwhile High Court of Andhra Pradesh cannot be applied and extended for this case on hand.

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In view of the above said two other judgments of the High Court of Telangana and this Court respectively, the action of the respondents cannot be found fault with as there is no infirmity in passing the impugned awards in all these batch of cases since there is no violation of law established. The action of the 3^rd respondent is not contrary to the

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provisions of Section 3A to 3H of the N.H. Act, 1956, once the award amount is deposited duly with the 3^rd 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 3^rd 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

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importance of the subject project, the respondent-authorities shall act further swiftly in accordance with law to complete the same in all aspects.

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