National Highway Authority of India Vs M Reddappa

Writ Appeal under clause 15 of the Letters Patent Appeal preferred against the order in W.P.No. 11399 of 2020, dated 19-11-2024 on the file of the High Court of A.P.

¶10

Between:

¶11

National Highway Authority of India, Rep. by its Chairman, GS and 6 Sector 10, Dwaraka, New DeIhi-110075.

¶12

The Chief General Manager, NHAI, SRI Tower, III floor. DP 34 SP, Industrial Estate, Guindy, Chennai - 600032.

¶13

The Project Director, Bangaluru Chennai Expressway Authority, NHAI Hebbal, Bangaluru.

¶14

...Appellants/Respondent No.2, 3 & 4 AND

¶15

M. Reddappa, S/o. M. Agastaiah, Aged about 46 years, R/o 4314, BC Colony, Baireddipalli Village and Mandal, Chittoor District.

¶16

State of Andhra Pradesh, Rep. by its Principal Secretary, Roads and Buildings Dep., Secretariat Buildings, Veiagapudi, Guntur District Andhra Pradesh.

¶17

The District Collector/ District Magistrate and Arbitrator, Land Acquisition, National Highway Authority, Chittoor District, Chittoor.

¶18

/

¶19

The Joint Collector and Competent Authority, Bangalore Chennai Expressway Authority, NHAI, Chittoor District.

¶20

lA NO: 2 OF 2025

¶21

...Respondents/Respondents

¶22

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 of all further proceedings in the WP. No. 11399 of 2020 dt: 19.11.2024 passed by Learned Single Judge of the Hon'ble High Court of Andhra Pradesh.

¶23

Counsel for the Petitioners: SRI PADMA RAO LAKKARAJU (SC FOR NHAI) Counsel for the Respondent No.1 : SRI V. R. REDDY KOWURI

¶24

Counsel for the Respondent No.2 : GP FOR ROADS AND BUILDINGS

¶25

Counsel for the Respondent Nos.3 & 4 : GP FOR LAND ACQUISITION The Court made the following Judgment:

1%

[3529]

APHC010362502025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶30

(Special Original Jurisdiction)

¶31

MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

¶32

PRESENT

¶33

THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

¶34

THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR

¶35

WRIT APPEAL NO: 823/2025

¶36

Writ Appeal under clause 15 of the Letters Patent allow the Writ Appeal by setting aside the order in W.P.No. 11399 of 2020^{dated19-11-2024inthe} interest of justice and pass

¶37

Between:

¶38

NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G5 AND 6, SECTOR 10, DWARAKA, NEW DELHI110075.

¶39

2.THE CHIEF GENERAL MANAGER,, NHAI, SRI TOWER, III FLOOR, DP 34 SP, INDUSTRIAL ESTATE, GUINDY, CHENNAI - 600032.

¶40

3.THE PROJECT DIRECTOR,, BANGALURU CHENNAI EXPRESSWAY AUTHORITY, NHAI, HEBBAL, BANGALURU.

¶41

...APPELLANT(S)

¶42

AND

¶43

1.M REDDAPPA, S/O M. AGASTAIAH, AGED ABOUT 46 YEARS,^R/0 4314, BC COLONY, BAIREDDIPALLI VILLAGE AND MANDAL, CHITTOOR DISTRICT.

¶44

STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEP., SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

¶45

3.THE DISTRICT COLLECTOR/ DISTRICT MAGISTRATE AND

¶46

2

¶47

RRR, J & TCDS, J W.A.No.823 of 2025

¶48

ARBITRATOR, LAND ACQUISITION NATIONAL HIGHWAY AUTHORITY, CHITTOOR DISTRICT, CHITTOOR. 4. THE JOINT COLLECTOR AND COMPETENT AUTHORITY, BANGALORE CHENNAI EXPRESSWAY AUTHORITY, NHAI, CHITTOOR DISTRICT.

¶49

...RESPONDENT(S):

¶50

lA NO: 1 OF 2Q2fi

¶51

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 pleased to condohe the delay of 4 days in submitting the delay petition for filing Of writ appeal and pass

¶52

lA NO: 2 OF 2n?.«i

¶53

Petition under Section 151 CPC in +h^ A -4 r. ^ • praying that in the circumstances^stated m the a^ffidavit filed in support of the petition, the High Court may be pleased Pleased to stay of all further proceedings in the WP. No. 11399 of 2020 dt; 19.11.2024 passed by Learned Single Judge of the Hon'ble High Court of Andhra Pradesh and pass

¶54

Counsel for the Appellant(S):

¶55

1.PADMA RAO LAKKARAJU (SC FOR NHAI)

¶56

Counsel for the Respondent(S):

¶57

1.GP FOR ROADS BUILDINGS

¶58

2.GP FOR LAND ACQUISITION

¶59

3.V R REDDY KOWURI

¶60

4

¶61

3

¶62

RRR, J & TCDS, J W.A.No.823 of 2025

¶63

¥

¶64

The Court made the following Judgment:

¶65

(per Hon’ble Sri Justice R. Raghunandan Rao)

¶66

Heard Sri Padma Rao Lakkaraju, learned Standing Counsel for NHAI, apearing for the appellants and Sri V. R. Reddy Kovvuri, learned counsel appearing for the 1®* respondent.

¶67

The 1®* respondent herein had approached this Court, by way of W.P.No.11399 of 2020, contending that the appellants herein were seeking to take over the land, admeasuring Ac.0.72 cents of land in Sy.No.204/1B-2A and Ac.2.42 cents in Sy.No.207/5B6D of Devadhodhi Village Fields, Baireddipalli Mandal of Chittoor District.

¶68

The contention of the 1®‘ respondent was that these lands, which had been purchased by the appellants, under the registered deeds of sale, in the year 2011, were sought to be taken over by the appellants under the pretext of having issued a notification under the provisions^{oftheNational} Highways Act, 1956 (here-in-after referred to as “the Act”). It is the case of the 1®' respondent that his land cannot be taken over by the appellants, in as much as the survey numbers, in which his land is situated,^has not been notified in any of the notification issued under Section^{3Aand3DoftheAct.}

¶69

The appellants herein had resisted this Writ Petition, by filing a counter affidavit. In the counter affidavit, it was stated that the land in question had been taken over under the land proceedings initiated^{underSection3Aof} the Act and that compensation has also been deposited with the Court,ⁱⁿ view of the. dispute as to the apportionment. The appellants^{alsocontendthatthe}

¶70

RRR, J & TCDS, J W.A.No.823 of 2025 notifications, though jumbled, essentially cover the land claimed by the 1 respondent and as such, the 1=' respondent, could at best, seek for payment of the compensation, by approaching the Civil Court and for enhancement of the compensation, if any.

¶71

A learned Single Judge of this Court considered all these contentions and observed that the notifications under Section 3A and Section 3D of the Act did not contain any reference to Sy.No.204/1B-2A and Sy.No.207/5B6D and consequently, the land cannot be taken over. 6. The appellants, being aggrieved by the order of the learned Single Judge, dated 19.11.2024, have approached this Court, by way of the present Writ Appeal.

¶72

Sri Padma Rao Lakkaraju, learned Standing Counsel for NHAI, appearing for the appellants, has sought to take us through the notifications issued under Section 3A and 3D as well as various other documents to demonstrate that the land in Sy.No.204 and a major part of the land in Sy.No.207, had been taken for the purpose of laying a Highway and consequently, a mere typographical error cannot affect the acquisition. 8. Sri V.R. Reddy Kovvuri, learned counsel appearing for the 1®‘ respondent would contend that no compensation has been offered or paid to the 1®* respondent nor the land of the 1®* respondent had been notified , for the purpose of acquisition. He would submit that, in such circumstances, the land of the 1®‘ respondent remains unaffected.

¶73

5

¶74

RRR,J& TCDSJ W.A.No.823 of 2025

¶75

4

¶76

A perusal of the notifications, placed before us, shows that Sy.No.204/1B-2A and Sy.No.207/5B6D have not been mentioned in either notification. In such circumstances, this Court agrees with the view of the learned Single Judge that there is no acquisition of the land of the 1®* respondent as the notifications do not disclose the survey numbers in which the land of the 1®* respondent is situated.

¶77

Another aspect of the matter is the effect of Section 3D of the Act. Section 3D of the Act reads as follows;

¶78

‘3D. Declaration of acquisition.

¶79

(1) Where no objection under sub-section (1) of section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section(2) of that section, the competent authority shall, as^soonas may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of section^3A.

¶80

(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) Where in respect of any land, a notification has been published under sub-section (1) of section 3A^forits acquisition but no declaration under sub-section (1)^has been published within a period of one year from the^dateof publication of that notification, the said notification shall

¶81

/

¶82

6

¶83

RRR, J & TCDS, J ^ W.A.No.823 of 2025

¶84

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 shail be exciuded.

¶85

(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. ”

¶86

Under this provision, the land, under acquisition vests absolutely in the State, only upon notification being issued under Section 3D. Therefore, only the land set out in the said notification can be deemed to have vested in the State. Once the survey number of the land is not included, it cannot be held that the land would vest with the State, despite the absence of the survey numbers.

¶87

In the circumstances, we do not find any reason to interfere with the order of the learned Single Judge and this Writ Appeal is accordingly dismissed. There shall be no order as to costs.

¶88

As a sequel, pending miscellaneous applications, if any. shall stand

¶89

closed.

¶90

To,

¶91

Sd/- V.DIWAKAR //TRUE COPY// DEPUTY REGISTRAR SECTI OFFICER

¶92