Disposed

B C Amarnath Reddy v. Union of India

Andhra Pradesh HC5 Nov 2024WP/2063/2024

Case brief

AI extract

What is this about?

Title, the High Court disposed of the writ petition challenging 3-A/3-D notifications and possession notices. The Court held that an award was already passed and amount deposited. It directed petitioners to substantiate their title claims before the land acquisition authority within two weeks. No order as to costs.

What did the court decide?

The writ petition was disposed of in favour of petitioners by directing them to prove their title to Respondent No. 2 within two weeks for further proceedings.

B C Amarnath Reddy Vs Union of India — Land Acquisition | Andhra Pradesh HC (2024)

¶1

¶2

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV;^^^^^^^^
O
(Special Original Jurisdiction) o I
X >i
i
WEDNESDAY, THE SIXTH DAY OF NOVEMBER
5^'

¶3

WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2063 OF 2024

¶6

Between:

¶7

B. C. Amarnath Reddy, S/o. Malli Reddy, Aged 72 years, R/o 1-8, Rasi Veedhi Bodumalluvaripalle Village, Filer Mandal, Annamayya District, Andhra Pradesh - 517214

¶8

Sardhar Khan S/o. Khader Khan, R/o, 5-124-1, Old Masid Street,Pileru, Annamayya District - 517214

¶9

...PETITIONERS.-

¶10

AND

¶11

Union of India, rep., by its Principal Secretary, Ministry of Roads, Transport and Highways, Transport Bhavan -I, Room No. 509

¶12

Parliament Street, New Delhi - 110001.

¶13

Competent Authority for Land Acquisition, (4 Lanning/maintena nce (NH71) and Joint Collector, Annamayya (Manadnapalle to Filer Section) Annammayya District

¶14

The Project Director (PIU), NHAI D. No. 23-2-39-501, 5th Floor, Dhala Laxmi Nagar, Vykuntapuram Road, MR Palli, Tirupati - 517 507, Tirupati District

¶15

The Tahsildar, Filer Post and Mandal, Annamayya^District

¶16

...RESPONDENTS ^

¶17

Petition under Article 2^6 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, particularlyⁱⁿ the nature of WRIT OF MANDAMUS, (a) declaring that 3-A notification issued vide S.O. 2067 (E) dated 23-05- 2018 and 3-D notification issued vide S.O. 4295(E)

¶18

¶19

dated 04-09-2018 has lapsed by virtue of Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 R/w RFCTLARR (Removal of Difficulties) Order, 2015 (b) declare the notice Roc.No.NHAI/DI/1157/2017, dt. -11-2023 issued under Section 3-E(l) and 31-1(2) and (4) of National Highways Act , 1956 issued for handing over possession of lands admeasuring 675.343 Sq. Mtrs in Sy.No. 260/IB of Budumullauvaripalle Village, Filer Mandal Annamayya District belong to the 1^* Petitioner and 67.450 Sq. Mtrs in Sy.No. 260/IB of Budumullauvaripalle Village, Filer Mandal, Annamayya District as illegal, arbitrary, violative of principles of natural justice and violative rights guaranteed under Article 300A of the Constitution of India and set aside the same.^

¶20

lA NO: 1 OF 2024--

¶21

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 stay all further proceedings including taking possession of land admeasuring admeasuring 675.343 Sq. Mtrs in Sy.No. 260/IB of Budumullauvaripalle Village, Piler Mandal, Annamayya District belong to the 1st Petitioner and 67.450 Sq. Mtrs in Sy.No. 260/IB of Budumullauvaripalle Village, Piler Mandal, Annamayya District belong to the 2nd Petitioner under Section 3-E of the National Highways Act, 1956 pending disposal of the above writ petition.^_

¶22

lA NO: 2 OF 2024

¶23

Petition under Section 15T 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 2nd Respondent to consider the representation dated 14- 12-2023 and determine market value based on the value as per registered sale deed no. 2768 of 2017 dated 23-11-2017 which is prior to 3-A notification.

¶24

Counsel for the Petitioner: SRI VENKATA SUBBAIAH POGULACounsel for the Respondent No.1:SRI G.ARUN SHOWRI{CENTRAt

¶25

GOVT. COUSEL)

¶26

Counsel for the Respondent Nos.2 & .4: GP FOR LAND ACUISITION Counsel for the Respondent No. 3: M/s. CHAUDHARY AND ^

¶27

CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM

¶28

The Court made the following: ORDER

¶29

APHC010035812024

¶30

Slit

¶31

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶32

(Special Original Jurisdiction)

¶33

[3329]

¶34

WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

¶35

PRESENT

¶36

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2063/2024

¶37

Between:

¶38

B C Amarnath Reddy and Others

¶39

...PETITIONER(S)

¶40

AND

¶41

Union Of India and Others

¶42

...RESPONDENT(S)

¶43

Counsel for the Petitioner(S):

¶44

1.VENKATASUBBAIAH POGULA

¶45

Counsel for the Respondent(S):

¶46

1 .CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS

¶47

LAW FIRM

¶48

2.G.ARUN SHOWRI(CENTRAL GOVT. COUSEL)

¶49

3.GP FOR LAND ACQUISITION (AP)

¶50

The Court made the following:

¶51

ORDER:-

¶52

This Writ petition is filed claiming the following^relief:

¶53

“ To issue a writ, order or direction, particularly^{oneinthenatureof} Writ of Mandamus declaring that 3-A notification issued vide S O 2067(E) dated 23.05.2018 and 3-D notification issued vide S. 0.4295(E), dated 04.09.2018 has lapsed by virtue^{ofSection25of} the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with rFCTLARR (Removal of Difficulties) Order, 2015; (b)^declarethe notice Roc.No.NHAI/Dt/1157/2017, dated .11.2023 issued under Section 3-E(1) & 3H(2) & (4) of National Highways Act,^1956issued for handing over possession of lands admeasuring 675.343^Sq.Mtrs

¶54

¶55

in Sy.No.260/1B of Budumullauvaripalle Village, Piler Mandal Annamayya District belong to the petitioner; and 67.450 Sq.Mtrs in Sy.No.260/1B of Budumullavaripalle Village, Piler Mandal Annamayya District as illegal, arbitrary, violative of principles of natural justice and violative rights guaranteed under Article 300 A of the constitution of India and set aside the same; and (c) pass such other orders...”

¶56

Heard learned counsel for the petitioners and learned counsel for the Respondents.

¶57

Learned counsel for the petitioners submits that the present writ petition is filed challenging the action of the Respondents that they are not adhering to Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with RFCTLARR (Removal of Difficulties) Order, 2015. But, after verification it was found that the award was already passed under Section 3D of the National Highways Act, 1956 and the award amount has already been deposited with Respondent No.2 herein.

¶58

Learned counsel further submits that Respondent No.2 issued the Notices/proceedings to the petitioners for disbursement of the said award amount, after satisfaction of Respondent No.2 regarding title over the subject property which was acquired admeasuring to an extent of 675.343 Sq.Mtrs and to an extent of 67.450 Sq.Mtrs in Sy.No.260/1B of Budumullauvaripalle Village, Piler Mandal, Annamayya District.

¶59

On the other hand. Learned Standing Counsel for Respondent No.3 submits that Respondent No.2 already determined the total compensation to

¶60

'v V...

¶61

be paid and the award was passed and also the entire awarded amount already determined by Respondent No.2 was deposited for disbursal of the same in favour of the persons, who entitled to receive the same. If the petitioners submit their title proof, Respondent No.2 will disburse Award amount in respect of each petitioner.

¶62

Having regard to the submissions made by both the counsels, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioners to approach the Respondent No.2 and prove their respective title by submitting the required documents before Respondent No.2 within a period of two weeks from the date of receipt of a copy of this order. Upon such submission of required documents by the petitioners. Respondent No.2 shall consider and pass appropriate orders within a period of four weeks thereafter.

¶63

With the above-said direction, the writ petition is disposed of. There shall be no order as to costs.

¶64

Consequently, miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

¶65

Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY//

¶66

To,

¶67

SECTION OFFICER

¶68

1 The Principal Secretary, Ministry of Roads, Transport and Highways, Transport, Union of India, Bhavan -I, Room No. 509 Parliament Street" New Delhi - 110001.

¶69

Competent Authority for Land Acquisition. (4 Lanning/maintena nce (NH, 71) and Joint Collector, Annamayya (Manadnapalle to Piler Section) Annammayya District

¶70

¶71

The Project Director (PIU), NHAI, D. No. 23-2-39-501, 5th Floor, Dhala Laxmi Nagar, Vykuntapuram Road, MR Palli, Tirupati - 517 507, Tirupati District

¶72

The Tahsildar, Piler Post and Mandal, Annamayya District—

¶73

One CC to Sri Venkata Subbaiah Pogula, Advocate [OPUC]

¶74

One CC to Sri G.Arun Showri(Central Govt. Cousel) AdvocateiOPUC]

¶75

One CC to M/s.Chaudhary & Chaudhary Advocates & Solicitors^Law Firm[OPUC]

¶76

Two CC’s to GP for Land Acquisition, High Court of^A.Pat Amaravati[OUT]

¶77

Three CD Copies.

ssb

HIGH COURT

DATED;06/11/2024

ORDER

WP.No.2063 of 2024

C5
g 2 7 NOV 2C2‘i Si.
/S' . Current Section ^
iJoPSPATCMf^

¶84

DISPOSING OF THE W.P. WITHOUT COSTS

B C Amarnath Reddy v. Union of India

Case brief

What is this about?

What did the court decide?

B C Amarnath Reddy v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Appana Hanumantha Rao Vs Sri Sagaraju Kishore Gopala Krishna Raju

D Dasthagiri Vs Sri Shashi Bhushan Kumar IAS

M/s, Indus Towers Limited, Vs The Andhra Pradesh Southern Power Distribution Company Limited

Mahal Shaik Mahaboob Basha S/o. Khader Hussain, Vs The State of Andhra Pradesh Rep. by its Principal Secretary

Uppalapadu Bhaskar Vs Government of Andhra Pradesh

Marapatla Syam Vs Idbi Bank Limited