V.RANI JOSHUVA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Writ Petition is filed for a Certiorari to quash award No.12/NH/2011, dated 24-08-2011, of respondent No.2 so far as it relates to the direction to deposit the compensation amount of Rs.23,35,021.00 awarded in respect of lands admeasuring 1,497 square meters in Survey No.110/1C1 of Thukivakam Village accounts, Renigunta Mandal, Chittoor District, in the Court of the learned III Additional District Judge, Tirupathi.

(2.) THE above-mentioned land was acquired for widening and 4-laning of National Highway No.205 on the stretch of land from Km 274/800 to Km 304/170 (Tirupathi - Andhra Pradesh/Tamilnadu Border Section). The petitioner has participated in the award enquiry and claimed compensation as the original owner of the abovementioned property. She has claimed ownership over the property through a sale made by the South Andhra Luthern Church, Central Church Office, Tirupathi. In the award enquiry, the Chairman and Treasurer of the South Andhra Luthern Church, Central Church Office, Tirupathi, has deposed before respondent No.2 that the said Church has sold away the abovementioned land acquired for road widening to the petitioner through a registered sale deed and delivered possession thereof to her. Accordingly, the original owner of the subject land has conveyed his no objection for payment of compensation to the petitioner. Respondent No.2 has determined a sum of Rs.23,35,021.00 as total compensation payable in respect of the above-mentioned land. However, based on the report of the Tahsildlar, Renigunta, that a civil dispute over the said property is pending in the Court of the learned Principal Junior Civil Judge, Tirupathi, in OS.No.735 of 2008 between the petitioner and one person viz., Dr.Kumpati Rajendra Prasad and 2 others, respondent No.2 has referred the purported dispute to the Court of the learned III Additional District Judge, Tirupathi, under sub- Section 4 of Section 3H of the National Highways Act, 1956 (for short 'the Act'). This part of the impugned award of respondent No.2 to the extent of reference of the dispute to the civil Court is assailed in this Writ Petition.

(3.) THE petitioner pleaded that she is the rightful owner of the subject property; that in the year 1984, she has filed OS.No.651 of 1984 on the file of the learned Principal District Munsif, Tirupathi, for permanent injunction against certain third parties; that the said suit was decreed in her favour and that when the said decree was violated, she filed EP.No.296 of 2008 complaining of violation of the injunction decree. It is further averred that when the followers and family members of the judgment debtors in OS.No.651 of 1984 including one PDL.Ravi Kumar started interfering with the petitioner's possession, she has filed OS.No.735 of 2008 on 18-08-2008 for injunction against the said persons; that except PDL.Ravi Kumar, others have remained ex parte; that the said person has filed a written statement in the suit and that the same is pending. The petitioner further pleaded that despite the objections raised by the said PDL.Ravi Kumar, the Tahsildar has mutated her name in the revenue records and issued pattadar passbook and title deeds in her favour. It is, therefore, the pleaded case of the petitioner that since the said PDL.Ravi Kumar was unlawfully interfering with her possession of the subject property, she had to file a civil suit, which is pending and that the same has nothing to do with the title over the said property. Mr.V.Jagapathi, learned Counsel for the petitioner, submitted that neither PDL.Ravi Kumar nor any other person had approached respondent No.2 by way of a claim petition claiming compensation and that respondent No.2 has taken into consideration the facts extraneous to his functioning as the competent authority for passing the award.