Tammina Raghuramudu Vs the State of Andhra Pradesh

The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Revenue, Land Acquisition, Secretariat, Velagapudi, Amaravathi, A.P.

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The Joint Collector -Cum- Competent authority. Land Acquisition, NH16 (Anandapuram to Anakapalli, SH-38), Visakhapatnam, Visakhapatnam District.

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The Special Deputy Collector Land Acquisition, NH-16 (Anandapuram to Anakapalli, SH-38), Visakhapatnam, Visakhapatnam^District.

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The Union of India, Represented by its secretary. Minister of Roads, Transport and Highways, Central Secretary, New Delhi.

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The District Collector, Collector Office, Visakhapatnam 6. The Project Director, NHAI, NII-16 (Anandapuram to Anakapalli, SH38), Visakhapatnam, Visakhapatnam District.

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...Respondents 1 to 6

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.ft.-. Petition under Article 226 of the Constitution of India praying that in the pirpumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly^{oneinthenatureof} writ of Mandumas, to consider the applications made on 07-1-2021 in accordance with law and direct the Respondent no. 5 to pass appropriate orders in the applications filed by petitioners under Section 3G (5) of The National Highway Act, 1956 within the time fixed by^{thishonourablecourt.}

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Couii may be pleased to direct the Respondent No.5 to pass appropriate orders in applications filed by petitioners under Section 3G (5) of The National Highway Act, 1956, dt.7/01/2021 before Respondent No.5 (The District Collector) and in accordance with law within the time fixed by this honourable court to pay the compensation amount to petitioners, pending disposal^{oftheabovewrit} petition.

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Counsel for the Petitioners: SRI SABBAVARAPU SATISH BABU

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Counsel for the Respondent Nos.1 to 3 & 5 : GP FOR LAND ACQUISITION Counsel for the Respondent Np.4 : SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.6 : SRI S. S. VARMA,^SCFORNHAI The Court made the following order:

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3233]

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APHC010190482022

TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 13237/2022

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Between:

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1.TAMMINA RAGHURAMUDU, S/O.GANGADHARA RAO HINDU, AGED 40 YEARS, R/0 PEDAPALLA VILLAGE, ALUMURU MANDAL EAST GODAVARI.

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2.SALAPU LAKSHMI, W/O.GANDREDDY RAMAKRISHNA RAO HINDU, AGED 35 YEARS, R/0 H.NO.3-55/1, AKKIREDDYPALEM GURRAAMPALEM, VISAKHAPATNAM

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3.NAMALA BALA VENKATA SUBBARAO, S/0. SU RYAN ARAYANA HINDU, AGED 42 YEARS, D.NO.2-83, NAMALA VARI STREET,CHINTALURU VILLAGE, EAST GODAVARI

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...PETmONER(S)

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AND

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1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, LAND ACQUISITION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P.

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2.THE JOINT COLLECTORCUMCOMPETANT AUTHORITY, LAND ACQUISITION, NI-l-16 (ANANDAPURAM TO ANAKAPALLI, SH-38), VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

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3.THE SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, NH-16 (ANANDAPURAM TO ANAKAPALLI, SH-38), VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

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4.THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTER OF ROADS, TRANSPORT AND HIGHWAYS, CENTRAL SECRETARY, NEW DELHI.

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2

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BKM.4^ W.P.No.13237 of 2022

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5.THE DISTRICT COLLECTOR, COLLECTOR OFFICE, VISAKHAPATNAM

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6.THE PROJECT DIRECTOR, NHAI, NII-16 (ANANDAPURAM TO ANAKAPALLI, SH-38), VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

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...RESPONDENT{S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ,order or direction more particularlyone in the nature of writ of Mandumas , to consider the applications made on 07-1-2021 in accordance with law and direct the Respondent no. 5 to pass appropriate orders in the applications filed by petitioners under Section 3G (5) of The National Highway Act, 1956 within the time fixed by^{thishonourablecourtand} to pass

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondent No.5 to pass appropriate orders in applications filed by petitioners under Section 3G (5) of The National Highway Act, 1956, dt.7/01/2021 before Respondent No.5 (The District Collector) and in accordance with law within the time fixed by this honourable court to pay the compensation amount to petitioners, pending disposal^{oftheabovewrit} petition and pass

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Counsel for the Petitloner(S):

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1.SABBAVARAPU SATISH BABU

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Counsel for the Respondent(S):

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1.S S VARMA

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2.GP FOR LAND ACQUISITION

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3.PasalaPonnaRao,DEPUTY SOLICITOR GENERAL OF INDIA

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3

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BKM,J W.P.No.13237 of 2022

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The Court made the following ORDER:

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No representation for the petitioners. Heard the learned Assistant Government Pleader and the learned Standing Counsel appearing for the respondents. 2. This writ petition was filed seeking to direct the 5*^ respondent to consider the applications made by the petitioners on 07.01.2021 in accordance with law and to pass appropriate orders under Section 3G (5) of the National Highway Act, 1956 within the time fixed by this Hon’ble Court. 3. On the other hand, the learned Assistant Government Pleader, relying upon the written instructions of the 5*^ respondent dated 18.08.2025, submits that the Special Deputy Collector, (LA) NH-16 Visakhapatnam, (LAO), acquired the lands to an extent of Ac.40.4788 cents vide award No.24 of 2018 dated 07.05.2018, for widening and formation of^{sixlaneroadsfrom} Anandapuram to Anakapalli. After receiving the award amount the petitioners, who were not satisfied with the awarded amount for their lands, filed the arbitration petition Nos.259 of 2021, 260 of 2021 & 281 of 2021 before the Arbitrator & District Collector (Visakhapatnam)-5‘^ respondent. In the arbitration petitions, petitioners stated that their lands are being acquired by the National Highway Authorities for formation of six lane roads from Anandapuram to Anakapalli vide award No.24 of 2018 dated 07.05.2018 duly fixing the market value at Rs.1606/- per square meter under the category of agricultural lands fit for house sites. The details are as under:

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4

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0

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BKMJ W.P.No.13237 on022

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S!. No.	ARB No	Name of the Applicant	Cw wj,. No	Extent sq.mts	Compensation awarded by LAO	Krayer of the Awardee
1	259-2021	Sri Tammina Raghuramudu	29/6	425	14,88,744/- Award No.24/2018, Dt:07.05.2018 vide	The LAO awarded 1606/- per Sqmts.
						Enhancement requested by the petitioner -Rs.45,000/-
2	260-2021	Sri Namala Bala Venkata SubbaRao	29/6	425	14,88,744/- Award No.24/2018, Dt;07.05.2018 Vide	per Sq. yd. The LAO awarded 1606/- Sqmts per Enhancement requested by the petitioner -Rs.45,000/-
3	281-2021	Smt. Salapu Lakshmi	28/7B	2299.62	77,73,709/- Award No.24/2018, Dt; 07.05.2018 vide	per Sq.yd The LAO awarded 1606/- per Sqmts Enhancement requested by the petitioner -Rs.45,000/- perSq.yd

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In this connection a clear enquiry was previously proposed to be conducted on 04.06.2022 by Arbitrator and District Collector, Visakhapatnamthe 5 respondent. A notice was also issued to the petitioners to attend the enquiry on that date. But, due to administrative reasons, it could not be proceeded with. The enquiry is now proposed to be conducted on 22.08.2025 and fresh notice was issued to the petitioners to attend on the said date. The Land Acquisition Officer (LAO) has also been directed to attend the enquiry. Final Orders will be issued after the enquiry is conducted.

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5

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BKM.J W.P.No.13237 of 2022

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In view of the above said facts and circumstances, the 5"" respondent is directed to complete the above said enquiry strictly in accordance with law by giving due opportunity to all the parties concerned including the petitioners and upon verification of the records, appropriate orders shall be passed on merits, as expeditiously as possible, preferably, within a period of four (4) months from the date of receipt of this order.

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Accordingly, the writ petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs.

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As a sequel. Interlocutory Applications pending, if any, shall stand closed.

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//TRUE COPY// Sd/- M. SRINIVAS ASSISTANT REGISTRAR

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To,

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SECTJQN OFFICER

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Department of Revenue, Land Acquisition

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2 The inint AP m Z H Competent authority, Land Acquisi ion NH16 (Anandapuram to Anakapaili, SH-38) Visakhapatnam,

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Visakhapatnam District to AnSariHlmZllZh^ (Anandapuram

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4 The Sf ' ® '^'^^'''tapafnam, Visakhapatnam District TheHighways,Secretary,CentralUnionSecretary,of India,New DelhiMinister of Roads TranZrfransport andand

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6 C's'not Collector, Collector Office, Visakhapatnam 38), Visakhapatnam,Director, VisakhapatnamNHAI, NII-16 (AnandapuramDistrict to AnakaoalliAnakapaili, SH-SH

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