MIRIYAM RAMESH v. YELAGAPATI SHYAMALA & Ors.

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 issue writ, order more particularly in the nature of writ of mandamus by declaring the action of respondent no. 2 to 4 in trying to disposses the petitioners from their respective lands in an extent of Ac.2.44 cents Sy.No.788/1, Ac.0.27 cents Sy.No.778/1, Ac.1.52 cents in Sy.No.770/2 at Pedagogulapalli Village, C.S. Puram Mandal, Prakasham District and Ac.2.1.74 cents in Sy.No.755/1, Ac.2.42 cents Sy.No.754/2, at Musunuru Village, C.S. Puram Mandal, Prakasham District and also in not determining the compensation that to be awarded to the petitioners as per First Schedule of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (RFCTLARR) Act, 2013 as illegal, arbitrary, unconstitutional and in violation of Article 14, 21, 300-A of our Indian constitution also is a violation of judgment of this Hon'ble court in case of L.A.O VS MEKALA PANDU Reported as 2004(2)ALD451, and consequently direct the respondents to follow due process of law as C contemplated under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (RFCTLARR) Act, 2013 and to pass in Sy.No.755/2, Ac.0.42 cents IA NO: 1 OF 2024 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 direct respondents no 2 to 4 to not to dispossess the petitioners from their respective lands in an extent of Ac.2.44 cents in Sy.No.776/1, Ac.2.12 cents in Sy.No.788/1, Ac.0.27 cents in Sy.No.788/2, Ac.1.55 Sy.No.770/2 at Pedagogulapalli Village, C.S. Puram Mandal, Prakasham District and Ac.2.1.74 cents in Sy.No.755/1, Ac.2.42 cents in Sy.No.755/2, Ac.0.42 cents in Sy.No.754/2, at Musunuru Village, in Sy.No.778/1, Ac.1.52 cents 3 C.S. Puram Mandal, Prakasham District pending disposal of the above writ petition and to pass IA NO: 2 OF 2024 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 implead the proposed respondent herein as Party Respondent no.5 in WP.N0.5166 OF 2024 and pass IA NO: 3 OF 2024 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 grant leave to file the counter affidavit on behalf of the Respondents No. 4 in the above matter IA NO: 4 OF 2024 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 vacate the interim order (Status-quo Order) dt. 28-02-2024 passed in WP No. 5166/2024 IA NO: 1 OF 2026 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 May be pleased interim orders dated.28.02.2024 in lA No.1 of 2024 in WP No.5166 of 2024 and dismiss the Writ Petition and pass to vacate Counsel for the Petitioner(S):

1. PILLIX LAW FIRM Counsel for the Respondent(S):

1. GP FOR LAND ACQUISITION

2. KUMARI G K V D 4 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 3 and the learned Standing Counsel for the 4th respondent.

2. This writ petition is filed questioning the action of the respondent Nos.2 to 4 in trying to dispossess the petitioners from their respective lands in an extent of Ac.2.44 cents in Sy.No.776/1, Ac.2.12 cents in Sy.No.788/1, Ac.0.27 cents in Sy.No.788/2, Ac.1.55 cents Sy.No.778/1, Ac.1.52 cents in Sy.No.770/2 at Pedagogulapalli Village, C.S.Puram Mandal, Prakasam District and Ac.2.1.74 cents Sy.No.755/1, Ac.2.42 cents in Sy.No.755/2, Ac.0.42 cents Sy.No.754/2 at Musunuru Village, C.S.Puram Mandal, Prakasam District and also in not determining the compensation that to be awarded to the petitioners as per First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) Act, 2013.

3. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 submits that the petitioners did not attend the award enquiry and not produced any documents to prove their title over their acquired lands. Further, the lands for which the writ petitioners are claiming compensation are government A.W. lands, previously assigned to others and now occupied by the writ petitioners 5 unauthorizedly attracting the POT Act, 1977 and hence they are not entitled for land compensation. The petitioners did not file any documents i.e., D.K.s or passbooks at the time of award enquiry. The 10(1) account records available in the office of the 3rd respondent in respect of all the petitioners were over written and tampered.

4. Similarly, the learned Standing Counsel appearing for the 4th respondent relying upon the written instructions of the 4th respondent dated 16.03.2026 submits that the subject land along with other parcels of the land were acquired for NHAI, PIU-Ongole-Development of six lane Access Controlled Greenfield Highway from Chandrasekhara- puram (Ch.228-000) to Polavaram (Ch.260-000) of NH-544G of Bengaluru Vijayawada Economic Corridor on HAM under Bharatmala Pariyojana Phase-1 in the State of Andhra Pradesh (Package-11). The subject project work is halted in a length of 350m from KM.233+450 to KM.233-800 due to the interim order/ status quo in this writ petition. This stretch was handed over by CALA to NHAI after completion of land acquisition procedure. As the said land is a government land, no compensation is awarded for land but exgratia for structures was given in the award as per NH Act, 1956 and Manual of MoRT&H guidelines on NH Act, 1956. There is no structure present in the said land. Except this 350m stretch, project work was taken up by concessionaire and major portion of work is completed and the subject project is proposed to be completed by August, 2026. Any delay in handing over land to the 6 concessionaire, NHAI is bound to pay the damages concessionaire as per agreement conditions. The Bangalore - Vijayawada Greenfield Economic Corridor is a Rs.14,000/- crores project which will become crucial capital connectivity between Karnataka and A.P. States. The above said land hindrance shall impact the commissioning the said Highway Project. Apart from improving the connectivity between many important cities and towns of A.P. and Karnataka, this additional facility will largely decrease the congestion of traffic in the existing Highways and contribute in reducing the accidents on many existing Highways.

5. In reply, the learned counsel for the petitioners submits that the respondent authorities concerned are trying to avoid payment of compensation to the petitioners on the ground that they have not established their right by producing the necessary documents. But in fact, they are entitled for suitable compensation for which they can place their reliance on the relevant documents. If an opportunity is given, the same will be submitted before the authorities concerned.

6. In view of the above said facts and circumstances and considering the rival submissions made, the petitioners are permitted to submit representation enclosing all the necessary documents in support of their claim for payment of compensation to the respondent Nos.2 & 3 within a period of two (2) weeks from the date of receipt of this order. 7 On receipt of such representation from the petitioners, the respondent Nos.2 & 3 shall consider and dispose of the same strictly in accordance with law by hearing all the parties concerned including the petitioners giving due opportunity and upon verification of the records, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of two (2) months thereafter.

7. Accordingly, the writ petition is disposed of. The written instructions of the 4th respondent dated 16.03.2026 shall be made as part of the court record. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

06.05.2026 NNN _________________________ JUSTICE B KRISHNA MOHAN