As per case facts, the Andhra Pradesh government initiated an Integrated Special Economic Zone (SEZ) project, leading to the acquisition of land in several villages. Initially, petitioners' lands were not ...
No Acts & Articles mentioned in this case
Date of reserve for orders: 12.03.2026
Date of pronouncement: 25.06.2026
Date of uploading: 25.06.2026
APHC010332212025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[3233]
THURSDAY,THE TWENTY FIFTH DAY OF JUNE
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NOs: 16592, 19328, 19329, 19331, 19332, 19346,
19348, 19350, 19352, 19353, 19354 and 19725 of 2025
WRIT PETITION NO: 16592/2025
Between:
Lalam Sanjeevi (LR) and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. SANTHI CHANDRA SC For APIIC
3. THE ADVOCATE GENERAL
WRIT PETITION NO: 19328/2025
Between:
Lalam Srirammurthy and Others ...PETITIONER(S)
AND
2
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR LAND ACQUISITION
3. SANTHI CHANDRA SC For APIIC
4. GP FOR INDUSTRIES COMMERCE
WRIT PETITION NO: 19329/2025
Between:
Gorle Appalanaidu (lr) and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. GP FOR HOME
2. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR LAND ACQUISITION
3. SANTHI CHANDRA SC For APIIC
4. GP FOR INDUSTRIES COMMERCE
3
WRIT PETITION NO: 19331/2025
Between:
Jalli Simhachalam(lr) and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR LAND ACQUISITION
3. SANTHI CHANDRA SC For APIIC
4. GP FOR INDUSTRIES COMMERCE
WRIT PETITION NO: 19332/2025
Between:
Kasireddy Srinivas Rao and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. GP FOR HOME
2. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION
2. SANTHI CHANDRA SC For APIIC
3. GP FOR INDUSTRIES COMMERCE
4
WRIT PETITION NO: 19346/2025
Between:
Ruthala Sankara Rao(lr) and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR REVENUE
3. GP FOR LAND ACQUISITION
4. GP FOR IRRI AND CAD
5. SANTHI CHANDRA SC For APIIC
WRIT PETITION NO: 19348/2025
Between:
Lalam Naidubabu and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR LAND ACQUISITION
3. SANTHI CHANDRA SC For APIIC
4. GP FOR INDUSTRIES COMMERCE
5
WRIT PETITION NO: 19350/2025
Between:
Lalam Demulamma(lr), and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR LAND ACQUISITION
3. SANTHI CHANDRA SC For APIIC
4. GP FOR INDUSTRIES COMMERCE
WRIT PETITION NO: 19352/2025
Between:
Vemparala Satyanarayana and Others ...PETITIONER(S)
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR LAND ACQUISITION
3. GP FOR REVENUE
4. SANTHI CHANDRA SC For APIIC
5. GP FOR INDUSTRIES COMMERCE
6
WRIT PETITION NO: 19353/2025
Between:
Lalam Narasing Rao(lr), and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR LAND ACQUISITION
3. GP FOR IRRI AND CAD
WRIT PETITION NO: 19354/2025
Between:
Lalam Lakshmi Kantham and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR LAND ACQUISITION
3. GP FOR REVENUE
4. SANTHI CHANDRA SC For APIIC
5. GP FOR INDUSTRIES COMMERCE
7
WRIT PETITION NO: 19725/2025
Between:
Pyla Demudu and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. JAVVAJI SARATH CHANDRA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR LAND ACQUISITION
3. SANTHI CHANDRA SC For APIIC
4. GP FOR INDUSTRIES COMMERCE
8
The Court made the following COMMON ORDER:
W.P.No.19328 of 2025
This writ petition was filed questioning the Award No.12/2017 in
Rc.No.72/2006/RI-I, dated 19.09.2017 with respect to the land in a total
extent of Ac.31.13 cents in Block 5 covered by Sy. Nos.9/1A, 1B, 9/2A to
2D, 9/3, 9/4A to 4C, 9/5, 6, 7, 9/8A to 8D, 9/9A to 9E, 9/10A, 10B, 9/11, 12,
9/13A, 13B, 9/14A, 14B, 10, 12/1 to 10, 15, 17 of Gorapudi Village,
Rambilli Mandal, Anakapalli (erstwhile Visakhapatnam) District passed by
the 5
th
respondent and consequent high handed action of the respondents
in trying to dispossess the petitioners from their respective lands in
Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile Visakhapatnam)
District.
W.P.No.19329 of 2025
This writ petition was filed questioning the Award No.15/2017 in
Rc.No.135/2017/A, dated 19.09.2017 with respect to the land in a total
extent of Ac.44.68 cents in Block 10 covered by Sy. Nos.76, 78, 79, 80, 81,
84 and 85 of Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile
Visakhapatnam) District passed by the 5
th
respondent and consequent
high handed action of the respondents in trying to dispossess the
9
petitioners from their respective lands in Gorapudi Village, Rambilli
Mandal, Anakapalli (erstwhile Visakhapatnam) District.
W.P.No.19331 of 2025
This writ petition was filed questioning the Award No.08/2017 in
Rc.No.175/2006/RI-III, dated 10.04.2018 with respect to the land in a total
extent of Ac.31.64 cents in Block 7 covered by Sy. Nos.31, 32, 33 and 34
of Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile
Visakhapatnam) District passed by the 5
th
respondent and consequent
high handed action of the respondents in trying to dispossess the
petitioners from their respective lands in Gorapudi Village, Rambilli
Mandal, Anakapalli (erstwhile Visakhapatnam) District.
W.P.No.19332 of 2025
This writ petition was filed questioning the Award No.11/2017 in
Rc.No.56/2006/RI-I, dated 19.09.2017 with respect to the land in a total
extent of Ac.49.87 cents in Block 1 covered by Sy. Nos.2/1 to 27, 3/1 to 15,
4/2A to 2G, 5/1, 2, 6/1A to 10, 6/2, 3, 4A, 4B, 7/1, 8/1, 3 to 66, 48/1A to
1G, 48/2A to 2G, 48/3, 48/4, 49/1, 49/2A to 2F, 49/3A to 3D, 49/4A, 4B,
49/5A, 5B, 49/6A to 6C, 49/7A to 7D, 49/8A to 8C, 49/9, 49/10A to 10G of
Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile Visakhapatnam)
District passed by the 5
th
respondent and consequent high handed action
10
of the respondents in trying to dispossess the petitioners from their
respective lands in Gorapudi Village, Rambilli Mandal, Anakapalli
(erstwhile Visakhapatnam) District.
W.P.No.19346 of 2025
This writ petition was filed questioning the Award No.14/2017 in
Rc.No.134/2017/JA, dated 20.09.2017 with respect to the land in a total
extent of Ac.43.80 cents in Block 12 covered by Sy. Nos.11, 13, 14, 24, 29,
30, 36, 54 and 56 of Gorapudi Village, Rambilli Mandal, Anakapalli
(erstwhile Visakhapatnam) District passed by the 5
th
respondent and
consequent high handed action of the respondents in trying to dispossess
the petitioners from their respective lands in Gorapudi Village, Rambilli
Mandal, Anakapalli (erstwhile Visakhapatnam) District.
W.P.No.19348 of 2025
This writ petition was filed questioning the Award No.10/2017 in
Rc.No.70/2006/RI-III, dated 19.09.2017 with respect to the land in a total
extent of Ac.38.32 cents in Block 9 covered by Sy. Nos.64, 65, 67, 68, 69,
70, 71, 73, 74 and 75 of Gorapudi Village, Rambilli Mandal, Anakapalli
(erstwhile Visakhapatnam) District passed by the 5
th
respondent and
consequent high handed action of the respondents in trying to dispossess
11
the petitioners from their respective lands in Gorapudi Village, Rambilli
Mandal, Anakapalli (erstwhile Visakhapatnam) District.
W.P.No.19350 of 2025
This writ petition was filed questioning the Award No.3/2018 in
Rc.No.135/2017/A, dated 10.04.2018 with respect to the land in a total
extent of Ac.29.71 cents in Block 10 covered by Sy. Nos.84 and 85 of
Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile Visakhapatnam)
District passed by the 5
th
respondent and consequent high handed action
of the respondents in trying to dispossess the petitioners from their
respective lands in Gorapudi Village, Rambilli Mandal, Anakapalli
(erstwhile Visakhapatnam) District.
W.P.No.19352 of 2025
This writ petition was filed questioning the Award No.5/2017 in
Rc.No.58/2006/RI-II, dated 14.09.2017 with respect to the land in a total
extent of Ac.24.66 cents in Block 2 covered by Sy. Nos.50, 52, 53 and 55
of Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile
Visakhapatnam) District passed by the 5
th
respondent and consequent
high handed action of the respondents in trying to dispossess the
petitioners from their respective lands in Gorapudi Village, Rambilli
Mandal, Anakapalli (erstwhile Visakhapatnam) District.
12
W.P.No.19353 of 2025
This writ petition was filed questioning the Award No.7/2017 in
Rc.No.57/2006/RI-II, dated .09.2017 with respect to the land in a total
extent of Ac.31.43 cents in Block 4 covered by Sy. Nos.43, 44, 45, 46, 47,
57 and 58 of Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile
Visakhapatnam) District passed by the 5
th
respondent and consequent
high handed action of the respondents in trying to dispossess the
petitioners from their respective lands in Gorapudi Village, Rambilli
Mandal, Anakapalli (erstwhile Visakhapatnam) District.
W.P.No.19354 of 2025
This writ petition was filed questioning the Award No.5/2018 in
Rc.No.134/2017/JA, dated 10.04.2018 with respect to the land in a total
extent of Ac.26.70 cents in Block 12 covered by Sy. Nos.98, 99, 100, 101,
102, 104, 108, 109, 114 and 115 of Gorapudi Village, Rambilli Mandal,
Anakapalli (erstwhile Visakhapatnam) District passed by the 5
th
respondent
and consequent high handed action of the respondents in trying to
dispossess the petitioners from their respective lands in Gorapudi Village,
Rambilli Mandal, Anakapalli (erstwhile Visakhapatnam) District.
13
W.P.No.19725 of 2025
This writ petition was filed questioning the Award No.02/2018 in
Rc.No.74/2006/RI-III, dated 10.04.2018 with respect to the land in a total
extent of Ac.15.57 cents in Block 8 covered by Sy. Nos.91, 93 and 95 of
Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile Visakhapatnam)
District passed by the 5
th
respondent and consequent high handed action
of the respondents in trying to dispossess the petitioners from their
respective lands in Gorapudi Village, Rambilli Mandal, Anakapalli
(erstwhile Visakhapatnam) District.
W.P.No.16592 of 2025
This writ petition was filed questioning the Award No.04/2018 in
Rc.No.132/2017/B, dated 10.04.2018 with respect to the land in a total
extent of Ac.45.52 cents in Block 11 covered by Sy. Nos.88, 89, 90, 92, 96
and 97 of Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile
Visakhapatnam) District passed by the 5
th
respondent and consequent
high handed action of the respondents in trying to dispossess the
petitioners from their respective lands in Gorapudi Village, Rambilli
Mandal, Anakapalli (erstwhile Visakhapatnam) District as mentioned in
Table-A of the writ affidavit without payment of just and fair compensation
and R&R benefits.
14
2. Heard the learned senior counsel for the petitioners and the learned
Advocate General appearing for the respondents.
3. (a) The learned senior counsel appearing for the petitioners in these
batch of cases submits that the petitioners herein are owning and having
rights and interest in various extents of agricultural lands among other
lands acquired from their ancestors in different survey numbers of
Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile Visakhapatnam)
District as detailed in Table-A as under:
S.
No.
Sy. No. Extent
of land
Awardee Name Petitioner/ legal
representative when
awardee is deceased
Relation-
ship of L.R.
to the
deceased
awardee
Compensa-
tion offered
1. 88/1A 0.4 Lalam Demudu
Ruttala Appalaraju
Lalam Varahalamma
Lalam Rambabu
Lalam Sanjeevi Wife 5,66,800
2. 88/1B 0.3 Lalam Varahalamma 4,25,100
3. 88/1C 0.3 Lalam Rambabu
Lalam Demudu
Lalam Sanjeevi
Wife
4,25,100
4. 88/1D 0.49 Lalam Narayana
Lalam Varahalamma
Ruthala Sathibabu
Rangala Narasingarao
Lalam Narasingarao Son 6,94,330
5. 88/1E 0.18 Lalam Narayya @ Thata
Lalam Mohanarao
Sariupilli Appalanaidu
Lalam Chinnodu
Mandala Atchiyyanaidu
Rangala Varalakshmi
Rangala Naidu
Rangala Simhachalam
Lalam Lakshmi
Wife
2,55,060
6. 88/2A 0.28 Lalam Thatayyalu
Lalam Srinivasarao
Lalam Satyavathi Wife 3,96,760
7. 88/2B 0.15 Lalam Rambabu 2,12,550
8. 88/2C 0.28 Lalam Chinnodu
Lalam Ramesh
Lalam Lakshmi Wife 3,96,760
15
9. 88/2D 0.21 Lalam Varahalamma
Lalam Ramesh
Lalam Demudu
Lalam Sanjeevi
Wife
2,97,570
10. 88/2E 0.21 Lalam Srinivasarao 2,97,570
11. 88/2F 0.15 Lalam Srinivasarao
Lalam Thatayyalu
Satyavathi
Wife
2,12,550
12. 88/2G 0.61 Lalam Srinivasarao
Lalam Thatayyalu
Satyavathi
Wife
5,80,970
13. 88/2H 0.28 Lalam Srinivasarao
Lalam Thatayyalu
Satyavathi
Wife
3,96,760
14. 88/2I 0.36 Lalam Srinivasarao
Lalam Thatayyalu
Satyavathi
Wife
5,10,120
15. 88/2J 0.21 Lalam Rambabu 2,97,570
16. 88/2K 0.2 Lalam Ramesh
Lalam Chinnodu
Lalam Lakshmi
Wife
2,83,400
17. 88/2L 0.03 Lalam Srinivasarao
Lalam Thatayyalu
Satyavathi
Wife
42,510
18. 88/2M 0.18 Lalam Demudu
Lalam Naidubabu
Sanjeevi Wife 2,55,060
19. 88/2N 0.2 Lalam Chinnodu
Lalam Sathibabu
Lalam Ramesh
Lalam Lakshmi Wife 2,83,400
20. 88/3A 0.21 Lalam Kondababu
Lalam Sriramulu
2,97,570
21. 88/3B 0.19 Lalam Kondababu
Lalam Sriramulu
2,69,230
22. 88/3C 0.15 Lalam Kondababu
Lalam Sriramulu
2,12,550
23. 88/3D 0.15 Lalam Kondababu
Lalam Sriramulu
2,12,550
24. 88/3E 0.43 Lalam Kondababu
Lalam Sriramulu
6,09,310
25. 88/3F 0.22 Lalam Kondababu
Lalam Sriramulu
3,11,760
26. 88/3G 0.1 Lalam Kondababu
Lalam Sriramulu
1,41,700
27. 88/4A 0.57 Lalam Kondababu
Lalam Sriramulu
8,07,690
28. 88/4B 0.39 Lalam Venkata Lakshmi Kondababu Husband 5,52,630
29. 88/4C 0.17 Lalam Narayana
Lalam Varahalamma
Lalam Ramana Son 2,40,890
30. 88/4D 0.1 Ruthala Venkanna
Ruthala Gangaraju
Narasiyamma
Atchiyamma
Wife
Wife
1,41,700
31. 88/4E 0.4 Lalam Narayana
Lalam Varahalamma
Lalam Sandhya Daughter in
law
5,66,800
32. 88/4F 0.12 Ruthala Venkanna
Ruthala Gangaraju
Narasiyamma
Atchiyamma
Wife
Wife
1,70,040
33. 88/4G 0.12 Ruthala Venkanna
Ruthala Gangaraju
Narasiyamma
Atchiyamma
Wife
Wife
1,70,040
34. 88/4H 0.15 Ruthala Gangaraju
Ruthala Ramu
Atchiyamma Wife 2,12,550
16
35. 88/4I 0.2 Lalam Venkata Lakshmi
Lalam Nookulu
Lalam Sri Ramulu
Paila Appalakonda
Inaparthi Venkatarao
Lalam Chinna Appala
Konda
Lalam Kondalarao
Rayavarapu Apparao
Rayavarapu Kondalrao
Mutyalampalli Ramu
Rayavarapu Rajyalakshmi
Rayavarapu Adilakshmi
Kondababu
Rajubabu
Husband
Son
2,83,400
36. 89 5.58 Lalam Nookulu
Paila Nookulu
Paila Ramana
Paila Rangaraju
Lalam Narayanamma
Singampalli Appanna
Singampalli Rambabu
Paila Gangaraju
Singampalli Peda Appala
naidu
Chalapalli Varahalamm
Paila Demudu
Paila Satyam
Kasireddy Ramurthy
Naidu Babu
Ganga Bhavani
Gorle Lakshmi
Chinna Appalanaidu
Srinu
Kondamma
Vijay Lakshmi
Son
Daughter
Daughter
Son
Son
Wife
Wife
79,06,860
37. 90/1A 0.15 Lalam Kondalarao Lakshmi Kantham Wife 2,12,550
38. 90/1B 0.08 Lekkala Gangaraju 1,13,360
39. 90/1C 0.05 Lekkala Demudu 70,850
40. 90/1D 0.05 Paila Demudu
Paila Satyam
Kondamma Wife 70,850
41. 90/1E 0.15 Golli Ramarao
Golli Demudu
2,12,550
42. 90/1F 0.05 Lekkala Pothuraju Gangadhar Sai Grand Son 70,850
43. 90/1G 0.08 Lekkala Pothuraju Gangadhar Sai Grand Son 1,13,360
44. 90/1H 0.25 Lekkala Pothuraju Gangadhar Sai Grand Son 3,54,250
45. 90/1I 0.11 Lekkala Pothuraju Gangadhar Sai Grand Son 1,55,870
46. 90/1J 0.1 Lekkala Pothuraju Gangadhar Sai Grand Son 1,41,700
47. 90/1K 0.05 Lekkala Gangaraju 70,850
48. 90/1L 0.17 Lekkala Ramarao 2,40,890
49. 90/1M 0.05 Lekkala Pothuraju Gangadhar Sai Grand Son 70,850
50. 90/1N 0.05 Golli Ramarao 70,850
51. 90/1O 0.38 Paila Demudu
Paila Satyam
Kondamma Wife 53,84,560
52. 90/1P 0.21 Lekkala Pothuraju Gangadhar Sai Grand Son 2,97,570
53. 90/1Q 0.3 Lekkala Pothuraju Gangadhar Sai Grand Son 4,25,100
54. 90/1R 0.05 Kasireddy Ramurthy Vijay Lakshmi Wife 70,850
55. 90/1S 0.21 Lalam Kondalarao Lakshmi Kantham Wife 2,97,570
56. 90/1T 0.37 Kasireddy Ramurthy Vijay Lakshmi Wife 5,24,290
57. 90/1U 0.04 Lekkala Pentayya Lakshmi Wife 56,680
17
58. 90/1V 0.07 Paila Gangaraju 99,190
59. 90/1W 0.04 Lekkala Pothuraju Gangadhar Sai Grand Son 56,680
60. 90/1X 0.22 Lalam Kondalarao Lakshmi Kantham Wife 3,11,740
61. 90/1Y 0.1 Golli Ramarao 1,41,700
62. 90/1Z 0.08 Golli Ramarao
Golli Sathish
1,13,360
63. 90/1AA 0.154 Lekkala Ramarao 2,12,550
64. 90/1AB 0.21 Kasireddy Ramurthy Vijay Lakshmi Wife 2,97,570
65. 90/1AC 0.1 Lekkala Pothuraju Gangadhar Sai Grand Son 1,41,700
66. 90/1AD 0.08 Golli Srinu
Golli Sathish
1,70,040
67. 90/1AE 0.06 Kasireddy Ramurthy Vijay Lakshmi Wife 85,020
68. 90/1AF 0.1 Kasireddy Ramurthy Vijay Lakshmi Wife 1,41,700
69. 90/1AG 0.08 Golli Srinu
Golli Sathish
70. 90/1AH 0.23 Paila Nookulu
Paila Ramana
Paila Gangaraju
Ganga Bhavani Daughter 3,25,910
71. 92/1 1.1 Lalam Narasingarao
Pinnamaraju Venkatapathi
Raju
15,58,700
72. 92/2 0.05 Lalam Narasingarao
Pinnamaraju Venkatapathi
Raju
70,850
73. 92/3 1.03 Lalam Ramana
Lalam Rajubabu
Pinnamaraju Venkatapathi
Raju
Sandhya Wife 14,59,510
74. 96/1 0.39 Kasireddy Appara
Kasireddy Ramurthy
Vijay Lakshmi
Wife
5,52,630
75. 96/2 0.41 Kasireddy Appara
Kasireddy Ramurthy
Vijay Lakshmi
Wife
5,80,970
76. 96/3 4.74 Kasireddy Appara
Kasireddy Ramurthy
Vijay Lakshmi
Wife
67,16,580
77. 97/B1A 0.21 Lalam Srinivasarao
Lalam Thatayyalu
Satyavathi
Wife
2,97,570
78. 97/B1B 0.21 Lalam Srinivasarao
Lalam Thatayyalu
Satyavathi
Wife
2,97,570
79. 97/B1C 0.4 Vasupalli Ramana
Gorli Demulamma
Gorli Appalanaidu
Son
5,66,800
80. 97/B1D 1.56 Golli Ramana
Golli Appalanaidu
Golli Rambabu
Golli Govindu
Golli Demudu
22,10,520
81. 97/B1E 1.04 Lalam Srinivasarao
Lalam Naidu
Ramanamma
Wife
14,73,680
82. 97/B1F 2.45 Lekkala Ramarao 34,71,650
93. 97/B1G 0.31 Lekkala Pothuraju
Lekkala Pothuraju
Gangadhar Sai
Gangadhar Sai
Grandson
Grandson
4,39,270
84. 97/B1H 0.23 Lekkala Pothuraju Gangadhar Sai Grandson 3,25,910
85. 97/B1I 0.3 Lekkala Pothuraju Gangadhar Sai Grandson 4,25,100
86. 97/B1J 0.3 Lekkala Pothuraju Gangadhar Sai Grandson 4,25,100
87. 97/B1K 0.13 Lekkala Pothuraju Gangadhar Sai Grandson 1,84,210
88. 97/B1L 0.1 Lekkala Pothuraju Gangadhar Sai Grandson 1,41,700
89. 97/B1M 0.3 Golli Sathish 4,25,100
90. 97/B1N 0.82 Golli Sathish 11,61,940
91. 97/B1O 0.58 Golli Sathish 8,21,860
18
92. 97/B1P 5.5 Lalam Kondalarao
Lalam Ramulu
Gorli Appalanaidu
Gorli Rambabu
Lalam Gangaraju
Lalam Narayanamma
Lalam Babulu
Gorli Demudu
Gorli Ramana
Gorli Govindu
Lakshmi Kantham
Chinna Appalanaidu
Ammalu
Satyavathi
Wife
Son
Wife
Wife
77,93,500
93. 97/B1Q 0.51 Gorli Govindu 7,22,670
94. 97/B1R 0.51 Pilli Nookalu Sahadevudu 7,22,670
95. 97/B1S 0.43 Palli Thatalu
Palli Rambabu
6,09,310
96. 97/B1T 1.63 Pilli Nookalu
Pilli Paidiyya
Pilli Sahadevudu
Pilli Suryanarayan
Sahadevudu
Jagannatham
23,09,710
97. 97/B1U
Total
Extent
1.7 Pilli Paidiyya
Pilli Paidiyya
Pilli Paidiyya
Pillo Suresh
Pilli Pentayya
Pilli Jagannatham
Ausuri Sarojini
Jagannatham
Sahadevudu
Sahadevudu
Sahadevudu
24,08,900
(b) While so, the government of Andhra Pradesh, in view of setting
up of an Integrated Special Economic Zone in Atchuthapuram and Rambilli
Mandals near Visakhapatnam city, covering an extent of 9200 Acres from
various villages forming part of SEZ, the Andhra Pradesh Industrial
Infrastructure Corporation (APIIC) acquired non-cultivable lands from
farmers under the Land Acquisition Act in phases. After paying
compensation, APIIC took possession and allotted 4600 Acres to various
companies while the remaining 4323 Acres remained unallotted, lying
barren and uncultivated.
(c) Initially the lands of the petitioners were not included in the
notified SEZ area. Nevertheless, in November 2005, the 6
th
respondent
19
made requisition for acquisition of land in an extent of Ac.417.50 cents in
Gorapudi Village, Rambilli Mandal for expansion of Integrated Special
Economic Zone. Further the government proposed to acquire the lands
including the subject lands of the petitioners and notified the same u/s.4(1)
of the Land Acquisition Act, 1894 and further u/s.6 of the said Act, 1894
have been declared and published in the A.P. Gazette. Aggrieved by this,
certain farmers of Gorapudi village filed W.P.No.10328 of 2008 before the
erstwhile High Court of Andhra Pradesh challenging the proposed
acquisition in respect of the lands notified in Sy. Nos.2 to 83 of Gorapudi
Village, Rambilli Mandal, Anakapalli District, measuring an extent of
Ac.416.11 cents and obtained status quo orders by way of interim order
dated 02.05.2008. The said writ petition was disposed of vide order dated
21.06.2017 directing the respondents therein to make award keeping in
view the provisions of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of
2013), in particular Section 24(1)(a) of the Act 30 of 2013 and the entire
exercise shall be completed within a period of three months from the date
of receipt of the said order.
(d) Further, another writ petition No.16744 of 2008 was also filed
before the erstwhile High Court of Andhra Pradesh in respect of the lands
notified in Sy.Nos.84 to 115 which was disposed of vide common order
20
dated 07.06.2017 directing the respondents therein to conduct enquiry
u/s.5A of the Act and communicate the decision taken to the petitioners
therein. Further, W.A.No.727 of 2018 was preferred against the order of
the learned Single Judge in W.P.No.10328 of 2008 dated 21.06.2017 and
interim order dated 20.08.2018 has been granted by this Hon’ble Court
suspending all further proceedings in relation to the proposed acquisition
which was extended from time to time. But it has to be noted that during
the time of granting the said interim order dated 20.08.2018, the
respondent authorities therein have not brought to the notice of this
Hon’ble Court nor stated anything on record regarding passing of the
impugned award herein in the intervening period between after passing of
the order in W.P.No.10328 of 2008 dated 21.06.2017 and before granting
the interim order in W.A.No.727 of 2018 dated 20.08.2018.
(e) To the utter surprise, shock and dismay of the petitioners herein,
it was learnt that as per the order of the learned Single Judge dated
21.06.2017 in W.P.No.10328 of 2018, the 5
th
respondent passed in toto 12
awards with respect to the total extent of land of Ac.417.50 cents in
Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile Visakhapatnam)
District divided into 12 blocks from 1 to 12. Particularly, the 5
th
respondent
passed Award No.04 of 2018 dated 10.04.2018 (impugned award) in the
land acquisition proceedings vide Rc.No.132/2017/B, dated 10.04.2018
21
(impugned proceedings) with respect to the subject lands in a total extent
of Ac.45.52 cents in Block 11 covered by Sy.Nos.88, 89, 90, 92, 96 and 97
of Gorapudi Village, Rambilli Mandal, Visakhapatnam District. The copy of
the said impugned award has been obtained through RTI application dated
01.03.2025 upon which the petitioners gained knowledge of the award
being passed by the respondents for acquisition of the subject lands and
the said W.A.No.727 of 2018 was dismissed for want of prosecution vide
order dated 25.11.2019.
(f) In the above said circumstances, the petitioners made a
requisition to the 4
th
respondent dated 02.06.2025 bringing to the notice of
the said respondents the position of the farmers, land owners and affected
persons and contraventions of law with regard to the land acquisition
proceedings and thereby they requested inter alia immediate intervention
to stop acquisition process until just and fair compensation is determined
and reassessed by enhancing the compensation amount to minimum of
Rs.50,00,000/- (fifty lakhs) per acre in line with prevailing market rate and
loss of livelihood. Further several requests have been made to the
respondent authorities. However, the said requisition dated 02.06.2025
submitted by the farmers of Gorapudi village and all the requests fell in
deaf ears without any consideration.
22
(g) The learned senior counsel for the petitioners further submits that
the impugned award dated 10.04.2018 was passed by the 5
th
respondent
in complete contravention of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 and rules framed there under. No notices have been served on the
petitioners to comply with the mandatory requirement and procedure
contemplated u/s.21 and 22 of the Act before passing the above said
impugned award. There is no proof of service of notice to the petitioners.
But it is further evident from the impugned award wherein at every item
under the apportionment segment of the impugned award, it is noted that
“no claims have been received during award enquiry. There is no
possibility of ascertaining for deciding the names of the persons entitled for
compensation.” This is the common case with all the affected persons
which raises serious doubts regarding the manner and veracity of the
impugned land acquisition proceedings and passing of the impugned
award. Neither notice of the impugned award nor a copy of the impugned
award is given to the petitioners by the respondents.
(h) Under the impugned award, the market value of the land was
mechanically fixed at Rs.5,00,000/- per acre which was moreover a basic
value as on 01.01.2014 for determining the compensation. The said value
has been determined by the 5
th
respondent by merely collecting the data
23
from the local Sub-Registrar’s office regarding sale transactions in the
vicinity during the three years preceding the notification u/s.4(1) of the Act
i.e., 2011-13. Hence, the same is contrary to Secs.26, 27, 28 and 30 of
the Act, 2013. They ought to have determined the market value basing
upon the values prevailing as on the date of passing of the award.
(i) The respondents applied the multiplier of 1.25 to the market value
for rural areas. But as per the Central Government Notification vide
S.O.425(E) dated 09.02.2016, the correct multiplier is 2.0 for rural areas in
Andhra Pradesh. Under the Schedule of the Act, 2013 also, compensation
for land acquired in rural areas is calculated by multiplying the market
value of the land by a factor of one to two. As per Rule 17 of the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement (Compensation, Rehabilitation and Resettlement,
Development Plan) Rules 2015 (“the rules”), it is provided that “in case of
rural areas, the factor by which the market value is to be multiplied as per
column no.3 of serial no.2 of the First Schedule read with sub-section (2)
section 30 of the Act shall be 2.00 (two)”. In addition to the market value, a
solatium (additional compensation) of 100% of the market value is also
provided. Hence the application of a lower multiplier is contrary to law and
adversely affects the entitlement of the petitioners to fair compensation.
24
(j) The petitioners came to know that the 1
st
respondent issued
G.O.Ms.No.160 of Industries and Commerce (Infra) Department, dated
13.11.2017 at the request of APIIC to issue orders for payment of Rs.20
lakhs per acre excluding tress and structure value as recommended by the
District Collector, Visakhapatnam and thereby the government approved
the proposal and accorded permission to the D istrict Collector,
Visakhapatnam for payment of compensation of Rs.20 lakhs per acre
(including solatium and additional market value) excluding the value of
trees & structures as per Sec.24(a) of New L.A. Act, 2013 (Act 30 of 2013)
towards the acquisition of patta lands over an extent of 1143.30 Acres
(extent notified: 2279.05 acres – Award passed: 1,135.75 acres) in the (6)
villages of Rambilli and Atchuthapuram Mandals of Visakhapatnam District
including the subject Gorapudi Village for Atchuthapuram Cluster of
Visakhapatnam-Chennai Industrial Corridor (VCIC) subject to the interalia
condition that the land losers are not entitled to ask for a reference to Land
Acquisition and R&R Authority u/s.64 of the A.P. Right to Fair
Compensation and Transparency in Land Acquisition and R&R Act, 2013.
(k) Further, the District Collector, Visakhapatnam was directed to
follow the procedure stipulated in Rule 28(A) of the A.P. State Right to Fair
Compensation and Transparency Rules, 2014 while paying the
compensation. Neither the petitioners nor the other villagers have been
25
approached by the respondent authorities for determination of the alleged
consent amount of Rs.20 lakhs per acre. It is much lower compared to the
compensation determined on the actual market value prevailing as on
13.11.2017 under the provisions of the Act, 2013. The said alleged
consent amount was also fixed unilaterally by the respondent authorities
concerned. The basic market value alone as on 01.02.2025 is around
Rs.23,00,000/- to Rs.26,62,000/- per acre in the said village, even though
there had been deflation and freezing of the land values in the village. In
reality, the market value of land in Gorapudi village exceeds to
Rs.50,00,000/- per acre. The respondent authorities ought to have
determined the amount of compensation to be awarded to the petitioners
as per the prevailing market value of the land in Gorapudi village and the
surrounding vicinity/villages where there have been free market
transactions taking place.
(l) The respondents have further violated the provisions of Sections
31 and 32 of the Act by failing to issue a Rehabilitation and Resettlement
Award for the petitioners and by failing to provide any infrastructural
amenities or alternative resettlement arrangements. It is the case of the
petitioners that there are multiple displacements. Under the LARR Act,
2013, several critical provisions ensure not just compensation but also
comprehensive rehabilitation and resettlement of affected persons. The
26
respondent authorities utterly failed in determining just and fair
compensation under the Act, 2013. For generations, the families of the
petitioners have been residing in homes built on subject lands and
sustaining themselves through agricultural activities cultivating the subject
lands by growing essential crops such as paddy, sugarcane, groundnut,
vegetables and also maintain coconut plantations. Their families are
entirely dependent on agricultural income generated from these lands for
their livelihood and survival. In addition to farming, they rear cattle on
these lands, which forms a critical part of their subsistence economy.
However, the respondent authorities are threatening to forcibly dispossess
the petitioners from the subject lands without fairly determining or paying
fair and just compensation in accordance with law and without providing
the mandatory rehabilitation and resettlement (R&R) entitlements as
required under the Act, 2013.
4. (a) On the other hand, the learned Advocate General appearing for
the respondents relying upon the counter of the 5
th
respondent submits
that the present writ petition was filed questioning the Award No.04/2018 in
Rc.No.132/2017/B, dated 10.04.2018 with respect to the land in a total
extent of Ac.45.52 cents in Block-11 covered by Sy.Nos.88, 89, 90, 92, 96
and 97 of Gorapudi Village, Rambilli Mandal, Anakapalli (erstwhile
Visakhapatnam) District passed by the 5
th
respondent. He submits that
27
some of the petitioners filed W.A.No.727 of 2018 against the interim order
in W.P.No.10328 of 2008 dated 21.06.2017. However the said writ appeal
was ultimately dismissed for non prosecution on 25.11.2019. The
petitioners have now approached this Hon’ble Court once again by filing
the present writ petition raising identical issues arising out of the same
acquisition proceedings and attributing the previous lapse to the alleged
negligence of their counsel. Such a plea is wholly unsustainable and
devoid of merit and this writ petition suffers from gross delay and latches.
(b) Coming to the merits of the case, the necessary Preliminary
Valuation (P.V.) proposals were submitted to the District Collector,
Visakhapatnam proposing a rate of Rs.5,00,000/- per acre in accordance
with section 24(1)(a) of the Act, 2013 and also seeking permission to pass
the Award. The Joint Collector, Visakhapatnam vide proceedings dated
10.08.2017 approved the proposed rate of Rs.5,00,000/- per acre for the
lands in question and directed that further action is to be taken in
accordance with the provisions of the Act, 2013. The total compensation
determined under the Act, 2013 was worked as under.
Rate as per
P.V.
Rs. Ps.
Amount of
compensation
after
multiplication
factor i.e. 1.25
Rs. Ps.
Solatium 100%
Rs. Ps.
Addl. Market Value @ 12%
from 4(1) Notification to
Award date (excluding
court stay period)
Rs. Ps.
Total amount
compensation
Rs. Ps.
5,00,000/- 6,25,000/- 6,25,000/- 1,18,830/- (2 years
23 days)
13,68,830/-
28
(c) The District Collector, Visakhapatnam and the Vice Chairman &
Managing Director, APIIC, Hyderabad jointly proposed and requested the
Government to issue orders approving the land value for Rs.20 lakhs per
acre (inclusive of solatium and Additional Market Value), excluding the
value of trees and structures for the lands notified in respect of five villages
viz., Gorapudi, Krishnampalem, Z.Chinthuva, Lalamkoduru and
Pudimadaka situated in Rambilli and Atchutapuram Mandals under the
Visakhapatnam-Chennai Industrial Corridor (VCIC), Rambilli Cluster.
Pursuant thereto, the State Government issued orders vide
G.O.Ms.No.160 dated 13.11.2017 Industries and Commerce (Infra) Dept.,
fixing the land value at Rs.20,00,000/- per acre and directed that consent
awards be passed in favour of the land owners who voluntarily come
forward to part with their lands at the approved rate of Rs.20,00,000/- per
acre. After publication of the Declaration, notices u/s.21(1), 21(4) and 22 of
the 2013 Act were duly published in the locality and served on all
interested persons. An award enquiry was conducted on 13.03.2018 at
Gorapudi Village, Rambilli Mandal. During the course of enquiry, the
ryots/interested persons submitted representations stating that they were
not willing to part with their lands and accordingly no individual claims were
filed.
29
(d) Despite issuance and receipt of notices under section 37(2) of
the 2013 Act, none of the petitioners appeared before the LAO & SDC
(LA), APIIC, Visakhapatnam for submission of their respective claims over
the subject properties. Consequently, the LAO decided to deposit the
compensation awarded under the impugned Award before the LARR
Authority Court, Visakhapatnam in accordance with the provisions of the
Act. Thereafter, the LAO & SDC(LA), APIIC, Visakhapatnam approached
the LARR Authority Court, Visakhapatnam seeking to file a reference
under the provisions of the Act 30 of 2013 in respect of the lands covered
under Phase-1 of the Rambilli VCIC Cluster. The LARR Authority Court,
Visakhapatnam directed submission of certain documentary evidence viz.,
address proof, photo identification, age proof with signature and a passport
size photograph bearing the signature for processing the reference files.
In compliance, the LAO made efforts to obtain the said documents from
the ryots/interested persons. However, the ryots/interested persons
refused to furnish the required documentation. Therefore, it is solely due
to the petitioners’ failure and non-cooperation that the reference
proceedings could not be taken forward before the LARR Authority Court.
(e) A Grama Sabha was conducted on 19.02.2025 at Rythu Bharosa
Kendram, Gorapudi, attended by ryots, wherein they demanded higher
compensation and rehabilitation benefits. There was no intention to
30
dispossess ryots and the award pertained only to agricultural lands. As per
the orders of the Hon’ble High Court, the LAO &SDC (LA), APIIC,
Visakhapatnam passed Award No.04/2018 before filing W.A.No.727 of
2018. Notices u/s.37(2) were served by registered post. The allegation
that the ryots were unaware of the award is incorrect. Notices u/s.15(2) of
the Act, 2013 were duly served on all 39 writ petitioners. The Draft
Declaration u/s.19(1) was submitted and subsequently approved by the
District Collector, Visakhapatnam. Preliminary Valuation proposals
recommending Rs.5,00,000/- per acre were submitted in accordance with
section 24(1)(a) of the Act, and the award was duly passed under section
23 of the Act. Notices were issued both prior to and after the passing of
the Award to all ryots/interested persons. The entire acquisition process
was carried out strictly in compliance with the directions of the Hon’ble
High Court and the provisions of the Act, 2013.
(f) The impugned Award No.04/2018 was passed only in respect of
agricultural lands. The value of trees and structures wherever existing is to
be assessed separately and paid in addition to the land value fixed under
the award. The petitioners instead of availing the statutory remedy
available to them by approaching the LARR Authority established under
the Act, 2013, have chosen to file the present writ petition solely to delay
the ongoing land acquisition process. The appropriate forum for raising
31
grievances relating to compensation is before the LARR Authority under
section 64 of the Act, 2013.
(g) As stated above, some of the petitioners already preferred
W.A.No.727 of 2018 against the order in W.P.No.10328 of 2008 dated
21.06.2017 wherein an interim order was granted suspending further
proceedings in relation to the subject land acquisition. However, the said
writ appeal was ultimately dismissed for non prosecution on 25.11.2019.
In the counter filed in W.A.No.727 of 2018 it was specifically mentioned
that all awards have been passed duly following the norms under the LA
Act and as per the orders of the Hon’ble High Court of A.P., Hyderabad in
W.P.No.10328 of 2008. Therefore the appellants in the aforesaid writ
appeal were well aware of the award proceedings being passed.
Moreover, the following is the list of the appellants in W.A.No.727 of 2018
who are also arrayed as petitioners in the subject writ petition as under:
Sl.
No.
Name of the writ
applicant
Bl.
No.
Sl.
No.
in
writ
app
eal
Present
WP No.
Name of the present W.P. Sl. No.
in
present
writ
petition
Relation
1. Lalam Raghava Rao
S/o Ganga Raju
5 12 19328 Lalam Raghava Rao
S/o Ganga Raju
3 Self
2. Lalam Appala Swamy
S/o Appala Konda
5 19 19328 Lalam Srinivasa Rao
S/o (Late) Appalaswamy
12 Son
3. Lalam Atchiyamma
W/o Kannaiah
5 23 19328 Lalam Atchiyamma
W/o (Late) Kannaiah
15 Self
4. Lalam Appala Konda
S/o Nallappanna
5 24 19328 Lalam Ramayyamma
W/o Appalakonda
19 Wife
5. Lalam Babulu
S/o Appanna
10 2 19329 Lalam Satyavathi
W/o (Late) Babulu
48 Wife
32
6. Lekkala Ganga Raju
S/o Bangaraiah
7 44 19331 Lekkala Ganga Raju
S/o Bangaraiah
42 Self
7. Nakaraboyana Narayana
S/o Atchanna
7 48 19331 Nakaraboyina Satyavathi
D/o (Late) Ramulu
32 Daughter
in law
8. Nakanaboyana Sathaiah
S/o Atchanna
7 55 19331 Nakaraboyina Satyavathi
D/o (Late) Ramulu
32 Daughter
in law
9. Jami Durga Rao
S/o Atchanna
7 63 19331 Jami Durga Rao
S/o Atchanna
37 Self
10. Nakanaboyana
Appaiahmma
W/o Ramulu
7 76 19331 Nakaraboyina
Appaiahmma
W/o Ramulu
27 Self
11. Lalam Appala Naidu
S/o Kondala Rao
1 4 19332 Lalam Leelakantham
W/o Appalanaidu
67 Wife
12. Lalam Pothu Raju
S/o Ganga Raju
1 13 19332 Lalam Pothuraju
S/o Gangaraju
5 Self
13. Lalam Manga Raju
S/o Ganga Raju
1 14 19332 Lalam Mangaraju
S/o Gangaraju
6 Self
14. Lalam Appa Rao
S/o Appala Swamy
1 17 19332 Lalam Apparao
S/o Appalaswamy
10 Self
15. Rajana Chinnodu
S/o Butchulu
1 21 19332 Rajana Chinnodu
S/o Butchulu
14 Self
16. Lalam Satya Rao
S/o Pyda Thalli
1 22 19332 Lalam Satyarao
S/o Pyda Thalli
45 Self
17. Lalam Appa Rao
S/o Kannaiah Ramulu
1 25 19332 Lalam Apparao
S/o Kannaiah Ramulu
3 Self
18. Lalam Thathalu
S/o Chinnodu
1 27 19332 Lalam Varalamma
W/o (Late) Thathalu
15 Wife
19. Lalam Appala Naidu
S/o Chinnodu
1 32 19332 Lalam Appala Naidu
S/o Chinnodu
12 Self
20. Ruthala Thathaiah
S/o Somulu
1 82 19332 Ruthala Laxmi
D/o (Late) Atchibabu
9 Grand
Daughter
21. Sesetti Appa Rao
S/o Venkata Swami
1 6 19332 Sesetti Appa Rao
S/o Venkata Swami
61 Self
22. Kasireddy Srinivasa Rao
S/o Appala Naidu
1 11 19332 Kasireddy Srinivasa Rao
S/o Appala Naidu
1 Self
23. Lalam Nageswara Rao
S/o Appala Swamy
1 18 19332 Lalam Nageswara Rao
S/o Appala Swamy
19 Self
24. Ruthala Sankara Rao
S/o Thathalu
12 30 19346 Ruthala Sankara Rao
S/o Thathalu
1 Self
25. Ruthala Apparao
S/o Thathalu
12 31 19346 Ruthala Laxmi
W/o (Late) Apparao
2 Wife
26. Gorle Ramaiah
S/o Appanna
9 1 19348 Gorle Satyanarayana
S/o Ramaiah
29 Son
27. Gorle Satyanarayana
S/o Ramaiah
9 3 19348 Gorle Satyanarayana
S/o Ramaiah
29 Self
28. Gorle Madhusudhana
Rao
S/o Ramaiah
9 8 19348 Gorle Madhusudhana Rao
S/o Ramaiah
75 Self
33
29. Lalam Rambabu
S/o Pyda Thalli
9 37 19348 Lalam Rambabu
S/o Pyda Thalli
43 Self
30. Lalam Demudu
S/o Bangaraiah @
Chinnodu
9 56 19348 Lalam Demudu
S/o Bangaraiah @
Chinnodu
11 Self
31. Sesetti Apparao
S/o Veerapuri
2 5 19352 Sesetti Apparao
S/o Veerapuri
2 Self
32. Sesetti Appala Raju
S/o Veerapuri
2 7 19352 Sesetti Appalaraju
S/o Veerapuri
3 Self
33. Gorle Appaji Rao
S/o Ramaiah
2 9 19352 Gorle Appaji Rao
S/o Ramaiah
12 Self
34. Lalam Thathalu
S/o Appanna
2 10 19352 Lalam Narayanamma
W/o (Late) Thatalu
67 Wife
35. Vemparala
Satyanarayana
S/o Kanna Babu
2 15 19352 Vemparala Satyanarayana
S/o Kanna Babu
1 Self
36. Jagarapu Bhavani
W/o Satyanarayana
2 16 19352 Jagarapu Bhavani
W/o Satyanarayana
33 Self
37. Lalam Sreerama Murthy
S/o Naraiah
2 34 19352 Lalam Sreerama Murthy
S/o Naraiah
31 Self
38. Lalam Appala Naidu
S/o Veeranna
2 43 19352 Lalam Papa
W/o Appalanaidu
24 Wife
39. Lalam Rambabu
S/o Bangaraiah @
Chinnodu
2 45 19352 Lalam Rambabu
S/o Bangaraiah @
Chinnodu
27 Self
40. Lalam Srinivasa Rao
S/o Bhogesh
2 50 19352 Lalam Srinivasa Rao
S/o Bhogesh
16 Self
41. Gone Atchibabu
S/o Appranna
2 52 19352 Gorle Ramesh
S/o (Late) Atchibabu
14 Son
42. Lalam Gangaraju
S/o Thellodu
2 58 19352 Lalam Demulamma
W/o (Late) Gangaraju
44 Wife
43. Lalam Appala Konda
S/o Appala Konda
4 20 19353 Lalam Appala Konda
S/o Appala Konda
39 Self
Therefore it is not true to say that the writ petitioners are not aware
of passing of awards in Gorapudi Village.
5. In support of his contentions, the learned Advocate General
appearing for the respondents relied upon the following decisions:
(i) In the matter of Ramniklal N.Bhutta and another v. State of
Maharashtra and others
1
, para Nos.4 & 10 are referred as under:
4. Shri Parag Tripathi, learned counsel for the appellant, urged
the following contentions:
1
(1997) 1 SCC 134
34
(a) that once a notification under Section 4(1) of the Act was
issued with respect to CTS No. 218 as well as CTS No. 211, the
Land Acquisition Officer was bound to pass an award with
respect to both the pieces of land. He had no jurisdiction or
authority not to pass the award in respect of CTS No. 218 on the
ground of an alleged settlement reported to him by the person for
whose benefit it was being acquired. Until and unless a
notification was issued under Section 48 of the Act, the Land
Acquisition Officer had no option but to pass an award with
respect to both the lands notified. The illegality committed by the
Land Acquisition Officer in not passing an award with respect to
CTS No. 218 vitiates the award as a whole; it is liable to be
struck down even with respect to CTS No. 211.
10. Before parting with this case, we think it necessary to make a
few observations relevant to land acquisition proceedings. Our
country is now launched upon an ambitious programme of all-
round economic advancement to make our economy competitive
in the world market. We are anxious to attract foreign direct
investment to the maximum extent. We propose to compete with
China economically. We wish to attain the pace of progress
achieved by some of the Asian countries, referred to as "Asian
tigers", e.g., South Korea, Taiwan and Singapore. It is, however,
recognised on all hands that the infrastructure necessary for
sustaining such a pace of progress is woefully lacking in our
country. The means of transportation, power and
communications are in dire need of substantial improvement,
expansion and modernisation. These things very often call for
acquisition of land and that too without any delay. It is, however,
natural that in most of these cases, the persons affected
challenge the acquisition proceedings in courts. These
challenges are generally in the shape of writ petitions filed in
High Courts. Invariably, stay of acquisition is asked for and in
some cases, orders by way of stay or injunction are also made.
Whatever may have been the practices in the past, a time has
come where the courts should keep the larger public interest in
mind while exercising their power of granting stay/injunction. The
power under Article 226 is discretionary. It will be exercised only
in furtherance of interests of justice and not merely on the making
out of a legal point. And in the matter of land acquisition for public
purposes, the interests of justice and the public interest coalesce.
They are very often one and the same. Even in a civil suit,
granting of injunction or other similar orders, more particularly of
an interlocutory nature, is equally discretionary. The courts have
to weigh the public interest vis-à-vis the private interest while
exercising the power under Article 226 indeed any of their
35
discretionary powers. It may even be open to the High Court to
direct, in case it finds finally that the acquisition was vitiated on
account of non-compliance with some legal requirement that the
persons interested shall also be entitled to a particular amount of
damages to be awarded as a lump sum or calculated at a certain
percentage of compensation payable. There are many ways of
affording appropriate relief and redressing a wrong; quashing the
acquisition proceedings is not the only mode of redress. To wit, it
is ultimately a matter of balancing the competing interests.
Beyond this, it is neither possible nor advisable to say. We hope
and trust that these considerations will be duly borne in mind by
the courts while dealing with challenges to acquisition
proceedings.
(ii) In May George v. Special Tahsildar and others
2
, para Nos.8, 9
& 10 are referred as under:
8. Land measuring 30.80 acres stood notified and acquired.
The land consisted of large survey numbers and belonged to a
large number of persons. It is not the case of the appellant that
the notification under section 4 and declaration under section 6
were not published or given publicity as mandatorily required
under the law. Once award was made and possession had
been taken, land stood vested in the State free from all
encumbrances, it cannot be divested even it some irregularity is
found in the award. As huge area of land had been acquired for
planned development of industrial town, the land of the
appellant cannot be exempted on any ground whatsoever.
More so, the appellant’s land was of negligible area in
comparison to the total land acquired and therefore at the
behest of only one person, the acquisition proceedings cannot
be disturbed.
9. Admittedly, acquisition proceedings/award have been
challenged at a belated stage after a decade of taking
possession of the land in dispute. In the facts and
circumstances of this case, it is difficult to presume that the
appellant had no knowledge of the acquisition proceedings.
10. While dealing with a similar case, this Court in Sawaran
Lata v. State of Haryana
3
, reported in (2010) 4 SCC 532, has
held as under:
2
(2010) 13 SCC 98
3
(2010) 4 SCC 532 : (2010) 2 SCC (Civ) 220
36
“11. …. The only ground taken in the writ petition
has been that substance of the notification under
section 4 and declaration under section 6 of the
1894 Act had been published in the newspapers
having no wide circulation. Even if the submission
made by the petitioners is accepted, it cannot be
presumed that they could not be aware of the
acquisition proceedings for the reason that a very
huge chunk of land belonging to a large number of
tenure-holders had been notified for acquisition.
Therefore, it should have been the talk of the town.
Thus, it cannot be presumed that petitioners could
not have knowledge of the acquisition proceedings.”
In Sawaran Lata case, this Court has held that acquisition
proceedings cannot be challenged at a belated stage.
6. In reply, the learned counsel for the petitioners submits that the said
decisions are not applicable to the facts and circumstances of this case as
no due procedure was followed under the Act, 2013 and no possession is
taken so far of the subject lands for acquisition.
7. In the light of the above said facts and circumstances and the rival
submissions made at the outset, some of the following provisions of law
are relevant for the purpose of this case and the rules made there under
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
19. Publication of declaration and summary Rehabilitation and
Resettlement :--(1) When the appropriate Government is satisfied,
after considering the report, if any, made under sub-section (2) of
section 15, that any particular land is needed for a public purpose, a
declaration shall be made to that effect, along with a declaration of an
area identified as the "resettlement area" for the purposes of
rehabilitation and resettlement of the affected families, under the
hand and seal of a Secretary to such Government or of any other
37
officer duly authorised to certify its orders and different declarations
may be made from time to time in respect of different parcels of any
land covered by the same preliminary notification irrespective of
whether one report or different reports has or have been made
(wherever required).
(2) The Collector shall publish a summary of the Rehabilitation and
Resettlement Scheme along with draft declaration referred to in sub-
section (1):
Provided that no declaration under this sub-section shall be made
unless the summary of the Rehabilitation and Resettlement Scheme
is published along with such declaration:
Provided further that no declaration under this sub-section shall be
made unless the Requiring Body deposits an amount, in full or part,
as may be prescribed by the appropriate Government toward the cost
of acquisition of the land:
Provided also that the Requiring Body shall deposit the amount
promptly so as to enable the appropriate Government to publish the
declaration within a period of twelve months from the date of the
publication of preliminary notification under Section
11……………………..
21. Notice to persons interested:--(1) The Collector shall publish
the public notice on his website and cause public notice to be given
at convenient places on or near the land to be taken, stating that the
Government intends to take notice to be given at convenient places
on or near the land to possession of the land, and that claims to
compensations and rehabilitation and resettlement for all interests in
such land may be made to him.
(2) The public notice referred to in sub-section (1) shall state the
particulars of the land so needed, and require all persons interested
in the land to appear personally or by agent or advocate before the
Collector at a time and place mentioned in the public notice not being
less than thirty days and not more than six months after the date of
publication of the notice, and to state the nature of their respective
interests in the land and the amount and particulars of their claims to
compensation for such interests, their claims to rehabilitation and
resettlement along with their objections, if any, to the measurements
made under section 20.
(3) The Collector may in any case require such statement referred to
in sub-section (2) to be made in writing and signed by the party or his
agent.
38
(4) The Collector shall also serve notice to the same effect on the
occupier, if any, of such land and on all such persons known or
believed to be interested therein, be entitled to act for persons so
interested, as reside or have agents authorised to receive service on
their behalf, within the revenue district in which the land is situated.
(5) In case any person so interested resides elsewhere, and has no
such agent, the Collector shall ensure that the notice shall be sent to
him by post in letter addressed to him at his last known residence,
address of place or business and also publish the same in at least
two national daily newspapers and also on his website.
23. Enquiry and land acquisition award by Collector :--On the day
so fixed, or on any other day to which the enquiry has been
adjourned, the Collector shall proceed to enquire into the objections
(if any) which any person interested has stated pursuant to a notice
given under Section 21, to the measurements made under Section
20, and into the value of the land at the date of the publication of the
notification, and into the respective interests of the persons claiming
the compensation and rehabilitation and resettlement, shall make an
award under his hand of-
(a) the true area of the land;
(b) the compensation as determined under section 27 along with
Rehabilitation and Resettlement award as determined under section
31 and which in his opinion should be allowed for the land; and
(c) the apportionment of the said compensation among all the
persons known or believed to be interested in the land, or whom, or
of whose claims, he has information, whether or not they have
respectively appeared before him.
25. Period within which an award shall be made :--The Collector
shall make an award within a period of twelve months from the date
of publication of the declaration under section 19 and if no award is
made within that period, the entire proceedings for the acquisition of
the land shall lapse:
Provided that the appropriate Government shall have the power to
extend the period of twelve months if in its opinion, circumstances
exist justifying the same:
Provided further that any such decision to extend the period shall be
recorded in writing and the same shall be notified and be uploaded
on the website of the authority concerned.
27. Determination of amount of compensation :--The Collector
having determined the market value of the land to be acquired shall
39
calculate the total amount of compensation to be paid to the land
owner (whose land has been acquired) by including all assets
attached to the land.
29. Determination of value of things attached to land or
building:-
(1) The Collector in determining the market value of the building and
other immovable property or assets attached to the land or building
which are to be acquired, use the services of a competent engineer
or any other specialist in the relevant field, as may be considered
necessary by him.
(2) The Collector for the purpose of determining the value of trees
and plants attached to the land acquired, use the services of
experienced persons in the field of agriculture, forestry, horticulture,
sericulture, or any other field, as may be considered necessary by
him.
(3) The Collector for the purpose of assessing the value of the
standing crops damaged during the process of land acquisition, may
use the services of experienced persons in the field of agriculture as
may be considered necessary by him.
30. Award of solatium :--(1) The Collector having determined the
total compensation to be paid, shall, to arrive at the final award,
impose a "Solatium" amount equivalent to one hundred per cent. of
the compensation amount.
Explanation: For the removal of doubts it is hereby declared that
solatium amount shall be in addition to the compensation payable to
any person whose land has been acquired.
(2) The Collector shall issue individual awards detailing the
particulars of compensation payable and the details of payment of the
compensation as specified in the First Schedule.
(3) In addition to the market value of the land provided under section
26, the Collector shall, in every case, award an amount calculated at
the rate of twelve per cent. per annum on such market value for the
period commencing on and from the date of the publication of the
notification of the Social Impact Assessment study under sub-section
(2) of section 4, in respect of such land, till the date of the award of
the Collector or the date of taking possession of the land, whichever
is earlier.
38. Power to take possession of land to be acquired :--(1) The
Collector shall take possession of land after ensuring that full
payment of compensation as well as rehabilitation and resettlement
40
entitlements are paid or tendered to the entitled persons within a
period of three months for the compensation and a period of six
months for the monetary part of rehabilitation and resettlement
entitlements listed in the Second Schedule commencing from the
date of the award made under section 30:
Provided that the components of the Rehabilitation and Resettlement
Package in the Second and Third Schedules that relate to
infrastructural entitlements shall be provided within a period of
eighteen months from the date of the award:
Provided further that in case of acquisition of land for irrigation or
hydel project, being a public purpose, the rehabilitation and
resettlement shall be completed six months prior to submergence of
the lands acquired.
(2) The Collector shall be responsible for ensuring that the
rehabilitation and resettlement process is completed in all its aspects
before displacing the affected families.
51. Establishment of Land Acquisition, Rehabilitation and
Resettlement Authority :-(1) The appropriate Government shall, for
the purpose of providing speedy disposal of disputes relating to land
acquisition, compensation, rehabilitation and resettlement, establish,
by notification, one or more Authorities to be known as "the Land
Acquisition, Rehabilitation and Resettlement Authority" to exercise
jurisdiction, powers and authority conferred on it by or under this Act.
(2) The appropriate Government shall also specify in the notification
referred to in subsection (1) the areas within which the Authority may
exercise jurisdiction for entertaining and deciding the references
made to it under section 64 or applications made by the applicant
under second proviso to sub-section (1) of section 64.
53. Qualifications for appointment as Presiding Officer :-(1) A
person shall not be qualified for appointment as the Presiding Officer
of an Authority unless, -
(a) he is or has been a District Judge; or
(b) he is a qualified legal practitioner for not less than seven years.
(2) A Presiding Officer shall be appointed by the appropriate
Government in consultation with the Chief Justice of a High Court in
whose jurisdiction the Authority is proposed to be established.
64. Reference to Authority:--(1) Any person interested who has not
accepted the award may, by written application to the Collector,
require that the matter be referred by the Collector for the
41
determination of the Authority, as the case may be, whether his
objection be to the measurement of the land, the amount of the
compensation, the person to whom it is payable, the rights of
Rehabilitation and Resettlement under Chapters V and VI or the
apportionment of the compensation among the persons interested:
Provided that the Collector shall, within a period of thirty days from
the date of receipt of application, make a reference to the appropriate
Authority:
Provided further that where the Collector fails to make such reference
within the period so specified, the applicant may apply to the
Authority, as the case may be, requesting it to direct the Collector to
make the reference to it within a period of thirty days.
(2) The application shall state the grounds on which objection to the
award is taken:
Provided that every such application shall be made-
(a) if the person making it was present or represented before the
Collector at the time when he made his award, within six weeks from
the date of the Collector's award;
(b) in other cases, within six weeks of the receipt of the notice from
the Collector under section 21, or within six months from the date of
the Collector's award, whichever period shall first expire:
Provided further that the Collector may entertain an application after
the expiry of the said period, within a further period of one year, if he
is satisfied that there was sufficient cause for not filing it within the
period specified in the first proviso.
65. Collector's statement to Authority :-(1) In making the
reference, the Collector shall state for the information of the Authority,
in writing under his hand-
(a) the situation and extent of the land, with particulars of any trees,
buildings or standing crops thereon;
(b) the names of the persons whom he has reason to think interested
in such land;
(c) the amount awarded for damages and paid or tendered under
section 13, and the amount of compensation awarded under the
provisions of this Act;
(d) the amount paid or deposited under any other provisions of this
Act; and
42
(e) if the objection be to the amount of the compensation, the
grounds on which the amount of compensation was determined.
(2) The statement under sub-section (1) shall be attached a schedule
giving the particulars of the notices served upon, and of the
statements in writing made or delivered by the persons interested
respectively.
75. Particulars of apportionment to be specified :- When there are
several persons interested, if such persons agree in the
apportionment of the compensation, the particulars of such
apportionment shall be specified in the award, and as between such
persons the award shall be conclusive evidence of the correctness of
the apportionment.
76. Dispute as to apportionment :--When the amount of
compensation has been settled, if any dispute arises as to the
apportionment of the same or any part thereof, or as to the persons
to whom the same or any part thereof is payable, the Collector may
refer such disputes to the Authority.
77. Payment of compensation or deposit of same in Authority :--
(1) On making an award under section 30, the Collector shall tender
payment of the compensation awarded by him to the persons
interested entitled thereto according to the award and shall pay it to
them by depositing the amount in their bank accounts unless
prevented by some one or more of the contingencies mentioned in
sub-section (2).
(2) If the person entitled to compensation shall not consent to receive
it, or if there be no person competent to alienate the land, or if there
be any dispute as to the title to receive the compensation or as to the
apportionment of it, the Collector shall deposit the amount of the
compensation in the Authority to which a reference under section 64
would be submitted:
Provided that any person admitted to be interested may receive such
payment under protest as to the sufficiency of the amount:
Provided further that no person who has received the amount
otherwise than under protest shall be entitled to make any application
under sub-section (1) of section 64:
Provided also that nothing herein contained shall affect the liability of
any person, who may receive the whole or any part of any
compensation awarded under this Act, to pay the same to the person
lawfully entitled thereto.
43
Rules 2015
3. Request for acquisition of land :-(1) After completion of Social
Impact Assessment, wherever applicable and receipt of the
recommendations of the Expert Group, if it appears to the appropriate
Government that land in any area is required or likely to be required
for any public purpose, the Requiring Body or its authorised
representative, for whom land is to be acquired shall file the request
to the concerned Collector in FORM-I along with the following
documents, namely :-
(i) detailed project report;
(ii) sanction letter of project;
(iii) three copies of Record of Rights and revenue maps of the
affected areas;
(iv) information about the classification of land that is, irrigated multi-
cropped, single cropped, wasteland, etc;
(v) any other information required by the Collector.
(2) A copy of the request filed with the Collector under sub-rule (1)
shall be submitted to the Commissioner.
(3) Where the Requiring Body is the Government, the request shall
be filed by the Secretary of the concerned Department and in case of
Public Sector Undertaking, by Secretary of the Department dealing
with such undertaking.
4. Action by Collector on receiving request :-(1) (a) The Collector,
on receiving the request under sub-rule (1) of rule 3, shall constitute a
committee of officers consisting of officers from Revenue
Department, Agriculture Department, Forest Department, Water
Resources Department, Building Department or any other
Department as the Collector deems necessary to make a field visit
along with the representatives of the Requiring Body to make a
preliminary enquiry regarding-
(i) availability of waste or arid land;
(ii) correctness of the particulars furnished in the request under sub-
rule (1) of rule 3;
(iii) bare minimum land required for the project;
(iv) whether the request is consistent with the provisions of the Act,
and submit a report to the Collector.
44
(b) The report of the committee referred to in clause (a) shall include
the following, namely :-
(i) that the proposed acquisition of land serves public purpose;
(ii) that the extent of land proposed for acquisition is the absolute
bare-minimum needed for the project;
(iii) that the acquisition of land at an alternate place has been
considered and found not feasible;
(iv) that there is no unutilised land which has been previously
acquired in the area;
(v) that the land, if any, acquired earlier and remained unutilised, may
be used for such public purpose;
(vi) the recommendations of the committee.
(2) (a) If the Collector, on the basis of the report of the committe
referred to in sub-rule (1), other information available with him and
instructions issued by the Central Government in this regard, is
satisfied that the request is consistent with the provisions of the Act,
he shall make a preliminary estimate of the cost of the acquisition as
defined in clause (i) of section 3.
(b) The administrative cost under item (A) of sub-clause (vi) clause (i)
of section 3 shall be at the rate of five per cent of the cost of
compensation as provided in sub-clause (i) of clause (i) of section 3
subject to a maximum of five crore rupees.
(c) The Collector shall inform the Requiring Body to deposit the
estimated cost of acquisition or part thereof as specified by the
Collector in the designated account of the office of the Collector
before the publication of declaration under sub-section (2) of section
19 within such period as may be specified by him and the Requiring
Body shall deposit the same within the said period.
(3) The Requiring Body shall deposit the balance cost of acquisition
after final estimation is prepared by the Collector and in cases where
excess amount is awarded by the Authority or Court, the same shall
be deposited as and when so required.
5. Publication of preliminary notification :--
(3) After publication of the preliminary notification under section 11,
the Collector shall ensure completion of the exercise of updating land
records specified here under: -
(a) delete the names of deceased persons;
45
(b) enter the names of the legal heirs of the deceased persons;
(c) enter the registered transactions of the rights in land such as
sale, gift, partition, etc.;
(d) make all entries of the mortgages in the land records;
(e) delete the entries of mortgages in case the lending agency
issues letter towards full payment of loans taken through registered
reconveyance of mortgaged property deeds;
(f) make necessary entries in respect of all prevalent forest laws;
(g) make necessary entries in case of the Government land;
(h) make necessary entries in respect of assets on the land like
buildings, trees, wells, etc.;
(i) make necessary entries of share-croppers in the land;
j) make necessary entries of crops grown or sown and the area of
such crops; and
(k) any other relevant entries.
6. Hearing of objections :--(1) The Collector shall issue a notice for
inviting objections in FORM III and after hearing all objections and
making enquiry as provided under sub-section (2) of section 15 shall
submit a report along with his recommendations on the objections to
the appropriate Government for decision.
(2) The report of the Collector shall include the following:-
(a) assessment as to whether the proposed acquisition serves
public purpose;
(b) whether the extent of land proposed for acquisition is the
absolute bare-minimum extent needed for the project;
(c) whether land acquisition at an alternate place has been
considered and found not feasible;
(d) there is no unutilised land which has been previously acquired in
the area;
(e) the land, if any, acquired earlier and remained unutilised, is used
for such public purpose and recommendations in respect thereof;
(f) recommendations on the objections;
(g) record of proceedings;
46
(h) approximate cost of land acquisition in cases where Social
Impact Assessment has been exempted.
7. Preparation of Rehabilitation and Resettlement Scheme and
public hearing:- (1) Upon publication of the preliminary notification
under sub-section (1) of section 11, the Administrator shall conduct a
survey and undertake a census of the affected families within a
period of two months from the date of publication of such preliminary
notification.
(2) For the purpose of the survey to be conducted and the census of
the affected families to be undertaken by the Administrator, he shall
take into account-
(a) the Social Impact Assessment report;
(b) the records of the Panchayat, Municipality or Municipal
Corporation, as the case may be, and other Government records.
(3) The Administrator shall get the data verified by door to door visit
of the affected families and by site visits in case of infrastructure
projects in the affected area.
(4) The draft Rehabilitation and Resettlement Scheme prepared by
the Administrator shall, in addition to the particulars mentioned in the
sub-section (2) of section 16, contain the following, namely:-
(a) list of affected families with Aadhaar number of its members. if
available;
(b) list of displaced families with Aadhaar number of its members, if
available;
(c) list of infrastructure in the affected area;
(d) list of land holdings in the affected area;
(e) list of trees, buildings, other immovable property or assets
attached to the land or building which are to be acquired;
(f) list of trades or businesses in the affected area;
(g) list of persons belonging to the Scheduled Castes or the
Scheduled Tribes, the handicapped or physically challenged
persons in the affected area:
Provided that in case a person does not have an Aadhaar number,
efforts may be made to get him so enrolled, provided he gives his
consent for such enrolment and the claims of the affected families
47
may be facilitated by carrying out consent-based Aadhaar
authentication service.
(5) The Administrator shall give wide publicity to the draft
Rehabilitation and Resettlement Scheme in the affected area
through publication in the following manner, namely:-
(a) in the Official Gazette;
(b) in two daily newspapers being circulated in the locality of such
area of which one shall be in the regional language:
Provided that in a place where such media is not available, then this
clause shall not apply;
(c) in the local language in the Panchayat, Municipality or Municipal
Corporation, as the case may be, and in the offices of the District
Collector, the Sub-Divisional Magistrate and the Tehsil, Taluk, Sub-
division or Block, as the case may be;
(d) uploaded on the website of the appropriate Government.
(6) The Administrator or an officer authorised by him shall conduct a
public hearing in the affected areas by issuing advance notice of
three weeks on the date, time and venue mentioned in the said notice
in accordance with the provisions of rule 8 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement (Social Impact Assessment and Consent) Rules,
2014, dated the 8th August, 2014.
8. Publication of the approved Rehabilitation and Resettlement
Scheme :--The Commissioner shall publish the approved
Rehabilitation and Resettlement Scheme by affixing it in conspicuous
places in the affected area.
10. Publication of declaration for acquisition:--The declaration
referred to in sub-sec. (1) of section 19 shall be published by affixing
a copy thereof in local language at conspicuous places in the affected
areas in FORM V.
11. Land acquisition award :--The land acquisition award referred to
in section 23 shall be made in FORM VI and FORM VII.
8. From the above and upon appreciating the contentions of the
petitioners, it can be culled out according to the petitioners as under:
48
The impugned awards are not communicated to the petitioners and
no compensation is paid so far.
Rs.20 lakhs per acre was fixed towards compensation for the
acquisition of the land under consent award in the year 2018 and the
same was negotiated with the petitioners neither before nor after
determination of the compensation and passing of awards.
No individual awards were passed and no possession of the
properties were taken from the petitioners.
No restorative package is announced.
The compensation amount was also not deposited before the
appropriate authority and it cannot be kept in revenue deposits
under the old Act, 1994.
There is no delay and latches on the part of the petitioners.
There is no publication of the restorative resettlement package.
There are no statutory compliances.
Specifically no notices u/s.37(2) were issued and no
acknowledgements were filed.
In respect of applying the multiplier, rules cannot override the
statutory provision.
State government has no rule making power to fix the multiplier for
the sanctioned owners Rs.20 lakhs per acre was fixed towards
compensation but in the case of non sanctioned owners/petitioners
Rs.6 lakhs was fixed per acre which has no rationale. The
impugned award is contrary to the statute and liable to be set aside.
9. On the other hand, it is the specific case of the respondents that as
seen above, some of the petitioners have knowledge about passing of the
49
impugned awards and they cannot plead ignorance of the same. There is
an abnormal delay in questioning the awards as the present writ petition
was filed on 07.02.2025 when they have got knowledge of the same
through counter of the 4th respondent therein in W.A.No.727 of 2018 dated
18.12.2018. Hence, the only remedy available for the petitioners is to
invoke section 64 of the Act 30 of 2013. The grievance of the petitioners
on merits is the subject matter of enquiry u/s.64 of the Act, 2013. In this
case, the appropriate government is the state government. As per Rule 2B,
the appropriate government is the state government. Even as per section
3(e), the appropriate government in this case is the state and therefore the
multiplier 1.25 was correctly applied. Rules of 2015 are not applicable. In
total, around 1749 acres were acquired for the above said project. Out of
it, 23% of the land only pertains to the petitioners in all these cases.
10. For the aforesaid reasons, as the petitioners are not satisfied with
the compensation fixed under the impugned award and as there was a
special compensation amount was fixed as stated above for consent
awards, same benefit can also be extended to the petitioners upon
deliberations and negotiations by arriving a consensus on it. In view of the
further delay occurred in satisfying the petitioners for consent award, a
special package can also be announced for the petitioners after due
deliberations and negotiations by arriving consensus on determination of
50
the said compensation amount. Since the petitioners are seeking
enhancement of compensation by raising different grounds assailing the
award dated 10.04.2018 under the above said facts and circumstances,
they are at liberty to avail the effective and alternative remedy u/s.64 of the
Act 30 of 2013 and upon availing the same, notwithstanding the delay
occurred if any, the said LARR authority shall consider the case of the
petitioners on merits following the due procedure under the Act 30 of 2013.
The possession of the subject lands can also be taken by the respondent
authorities concerned following the due procedure under the said Act and
rules made there under. Accordingly this writ petition is disposed of.
11. Since the other batch of cases are also with similar set of facts and
circumstances assailing the different awards passed under the same
acquisition process with respect to the different petitioners for the different
subject extents covered under the same project, they are also disposed of
in common extending the same relief as granted in this writ petition.
12. Accordingly, all the other writ petitions are also disposed of. The
operative portion is extended uniformly in all the cases. Interim orders, if
any, in all these batch of cases are deemed to have been vacated. There
shall be no order as to costs.
51
As a sequel, Miscellaneous Petitions pending, if any, shall stand
closed.
_________________________
JUSTICE B KRISHNA MOHAN
Date: 25.06.2026
PND
Whether order is:
Speaking: Reasoned:
Reportable: Non-reportable:
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