M.Reddeppa v. The State of Andhra Pradesh, rep., by its Principal Roads and Buildings

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 direct the respondents No.3 to 6 not to interfere with my rights over the land and buildings in an extent of Ac.0.72 cents in Sy.No.204/1B- 2A and Ac.2.42 cents in Sy.No.207/5B/6d of Devadhodhi Village Fields, Baireddipalli Mandal, Chittoor District, without adhering to due process of law, pending disposal of the above Writ Petition. lA NO: 1 OF 2024 Between:

1. The District Collector/District Magistrate Arbitrator, Acquisition, National High Way Authority, Chittoor District, Chittoor. Land

2. The Joint Collector, Chittoor and Competent Authority Banqalore- Chennai Expressway, NHAI, Chittoor District. ...Petitioners/Respondents AND

1. M.Reddeppa, S/o.M.Agastaiah Aged about 46 years, R/o.4-314, BC Colony, Baireddipalle Village and Mandal, Chittoor District. ...Respondent/Writ Petitioner

5. The State of Andhra Pradesh, rep., by its Principal Roads and Buildings Department, Secretariat Buildings, Velagapudi, Guntur District. The National High Way Authority of India, G.5 and 6, Sector -10, Dwaraka, New Delhi-110075, rep.by its Chairman. The Chief General Manager, NHAI, SRI Tower, Ilird Floor, D.P.34, SP Industrial Estate, Guindy, Chennai - 600032. The Project Director, Bengaluru - Chennai Express Way NHAI, Hebbal, Bengaluru. ...Respondents/Respondents (R2 to R5 are not necessary parties in this petition) Petition under Section 151 CPC praying that in the circumstanced stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 16-07-2020 in lA No. 1 of 2020 in WP no. 11399 of 2020 and dismiss the writ petition. lA 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 to permit the Respondent no. 2 to 4 to file the Counter Affidavit by granting leave to file counter affidavit beyond the stipulated period. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondents: GP FOR LAND ACQUISITION Counsel for the Respondents 2, 3 & 4: SRI PADMA RAO G S LAKKARAJU The Court made the following order: APHC010178662020 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458] (Special Original Jurisdiction) TUESDAY .THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 11399/2020 Between: M.reddeppa ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:

1.VR REDDY KOWURI Counsel for the Respondent(S):

1. GP FOR LAND ACQUISITION

2.PADMA RAO G S LAKKARAJU The Court made the following: ORDER:- Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner, learned Government Pleader for Land Acquisition and Sri Padma Rao G S Lakkaraju, learned counsel appearing for the 2 3'^'^ and 4‘^ respondents. (

2. The Writ respondents in marking the subject land Petition 2 challenging proceedings of admeasuring an extent of Ac.0.72 cents and the building in Sy,No 204/1B-2A and Ac.2,42 Devadhodhi Village Fields, Baireddipalli Mandal Banglore-Chennai Expressway cents in Sy.No.207/5B6D of Chittoor District, for formation without acquiring the same iin terms of the provisions of the National Highways Act. 3- It is contended by the proceedings issued under Sections 3A, (for short “the Act”) the subject lands for acquisition. petitioner that under neither of the 3D and 3G of the National Highways Act are notified, however, the same are marked

4. Heard Sri V.R.Reddy Kowuri, learned counsel for the petitioners and learned Government respondents. Pleader for Land Acquisition appearing for

5. The learned counsel referring to the notifications issued under the provisions Act, contends that his lands were never notified. He contends that subdivisions were effected much before the notification under Section 3A of the Act was issued. The learned sale deeds executed i counsel has drawn the attention of the in his favour and proceedings issued in his case relating the court to the conversion of land from agriculture to demonstrate that the subject lands non agriculture and the building plans were subdivided and after subdivision number has been assigned so as far as, it relates to his lands. 3

6. He contends that he had purchased the lands through registered sale deeds dated 03.03.2011 and 05.11.2011, situated in Sy.No.204/1B-2A (0.72 cents) Sy.No.207/5B6D Ac.2.42 cents. He further referring proceedings of the Gram Panchayat Officer, whereunder building permission was granted in respect of the subject lands and the proceedings of the Revenue Divisional Officer, whereunder, the subject lands were converted into non- agricultural purpose, and permission for construction of the building plans was much prior to the proceedings initiated for land acquisition, contends that the subject lands were notified for acquisition much later to the sub division of the survey numbers therefore, the land which is not covered by the notification issued under Sec.3(A) of the National Highways Act cannot be, acquired and possession thereof cannot be taken without paying compensation.

7. Per contra Sri Padma Rao G S Lakkaraju, learned counsel for respondents contends that the subject lands were also proposed for acquisition. He contends that vide the notification issued under 3A of the Act, the survey Nos., the lands that were proposed for acquisition have been clearly identified and the same were notified and the proceedings were issued under the provisions of Section 3A, 3D and 3G of the National Highways Act, after following the procedure under the Act the competent authority has passed the award determining the compensation payable and contends writ petitioner filed a writ petition along with others before this Court seeking a direction to provide an 4 opportunity of personal hearing before the compensation payable is determined. He further contends that per the directions of this Court the opportunity of hearing was given to them, The learned counsel for the respondents places reliance on the following decisions. In support of his contention that the notification under Section 3A of the Act contemplates a brief description of the land containing the survey Nos, is sufficient, relies on the decision of this court in W.P.No.20298 of 2017, W.P.No.1924 of 2021 and the decision of Madras High court W.P.No.15155 of 2010 & Batch.

08. The respondent Nos.5 and 6 have also filed a counter affidavit stating that the writ petitioners including the other land owners whose lands were notified for acquisition had attended for enquiry submitting evidences and requested for payment of compensation at factor 4, as paid in the neighbouring state of Karnataka.

09. It IS further stated by the 6“" respondent, who is the competent authority for Bangalore-Chennai Express Way that the subject lands were also acquired and the market value at Rs. 148.258 per square meter was considered under Category 4, taking into consideration the location and nature of the land in respect of those lands which are considered as house sites rate per square meter was fixed at Rs. 1398. 5

10. In reply learned counsel for the respondents submits that he has concealed any facts in the writ affidavit relating to the subject lands which situated Sy No.204/1B-2A Ac.0.72 Ac.2.42 Sy.No,207/5B6D of Devadoddi Village. He contends that reference to the writ petitions, said to have been filed by him would not relate to the subject lands.

12. Considered the rival submissions. The case of the writ petitioner is that his lands situated in Sy NO.204/1B-2A, Ac.0.72 cents and Ac.2.42 cents Sy. No.207/5B6D of Devadoddi Village, Baireddi Palli Mandal, Chittoor District. As per the notification under Section 3A of the Act in respect of the Devadoddi Village so far as it relates to Survey No.204/1, 207/5B and the details of the petitioner's lands as per the proceedings of NALA, and Building permission are as under: SI.No, Sy.No. sale deed Sy.No.as pattadar pass book Sy.No.as building permission

1. Sy.No.207-5B/6 Sy.No.204- 1B/2A Sy.No.207- 5B/6, Sy.No.204- 1B/2A Dated

25.01.2013 Sy.No. proceedings conversion agricultural agricultural purpose Dated 21.05.2011 Details proposed acquisition notification Sy.Nos. Sy.Nos. 207/4, 207/5B1, 207/5B2, 207/1 &5A 204/2B, 204/2A, 204/1, 204/2&1B, 207-5B-6D 204-1B/2A 207-5B6 204-1B/2A f V 'Is

13. As observed from the above, prima facie, the petitioner's lands as of the date of purchase were specific and bore distinct numbers from those notified for acquisition. The respondents' contention that the subject lands were also acquired cannot be sustained without notifying the same. By the date of the notification issued under Section 3A of the Act, the subject land was identified by a survey number, which was not found in the notification published under Section 3A of the Act. The subsequent notification issued under Section 3D of the Act, where the subdivided numbers have been published, also does not figure the subject lands of the petitioner. In that view of the matter, the possession of the petitioner's land cannot be taken without recourse to the provisions of the Act. Needless to observe, the appropriate authority lands by following due procedure under the Act. is at liberty to acquire the subject

14. The decisions relied upon by the learned counsel for the respondent are distinguishable on facts. The judgment at W.P.No.20298 relevance to the contentions raised in the writ petition. of 2017 has no

15. In the judgment in W.P.No.1924 of 2021 this Court has observed that non mentioning of the name of the land owner or particulars of petroleum outlet etc. in the impugned notification would not amount to violation of the provisions of the Act, nor does it vitiate the notification issued under Section 3A of the Act proceedings on the principle that it does not contain the details of the land. 7

16. It is observed therein that it is not required that the notification for acquisition should contain the details of the things attached thereon. Whereas the contention of the petitioner herein, in the instant writ petition is to the effect that his lands which have been identified with distinct survey No. have not been notified for acquisition.

17. The judgment W.P.No.15155 of 2010 wherein High Court of Madras has observed that it is only brief description of the land which is to be given and that the substance of the notification to be published in the newspapers as provided under Sub Section 3 to Section 3A. It was further observed that the lands which are required for the purpose of project, finds mention in the notification and merely because a notification does not speak about the stretch to be widened, it cannot be taken that only the lands in the said stretch alone are permitted to be acquired, as the notification should be read as a whole not in isolation.

18. Accordingly, in view of the foregoing, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. To, //TRUE COPY// Sd/- M SRINIVAS ASSISTAMT REGISTRAR SECTION OFFICER Pradesh, Secretariat Buildings, Velagapudi, Guntur District. Roads and Buildings Department, State of Andhra

2. The Chairman National High Way Authority of india, G.5 and 6, Sector -10, Dwaraka, New Delhi-110075.

3. The Chief General Manager, NHAI, SRI Tower, Ilird Floor D P 34 Industrial Estate, Guindy, Chennai - 600032. Benga^lurtr^ Director, Bengaluru - Chennai Express Way NHAI, Hebbal, , SP ^ & l/ Collector/District Magistrate and Arbitrator, Land Acquisition, National High Way Authority, Chittoor District, Chittoor 6. The Joint Collector, Chittoor and Competent Authority Bangalore- Chennai Expressway, NHAI, Chittoor District.

7. One CC to Sri V R Reddy Kovvuri, Advocate [OPUC] 8. One CC to Sri Padma Rao G S Lakkaraju, Advocate [OPUC] [OUT^^^ Acquisition, High Court of Andhra Pradesh.

10. RAM Two CD Copies a- -• S'.’ «- ? t •i A -s. V f 4k / /' i; r 1 \ i HIGH COURT DATED:19/11/2024 \ ORDER WP.No.11399 of 2020 ALLOWING THE WP WITHOUT COSTS