T. SUBRAMANYAM NAIDUS Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed seeking to declare the action of the 4th respondent in not considering the objections/ representations dtd. 20/4/2022 and 3/7/2022 of the petitioners in releasing the pending compensation for the infrastructure and underground drip irrigation system to them is illegal, arbitrary, violative of Articles 14, 21 and 300A of Constitution of India and contrary to Ss. 26, 27, 28, 29 and 30 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short - the Act") and for consequential direction to the 4th respondent to pay Rs.53,56,578.00 with 100% solatium for the affected infrastructure and underground drip irrigation system in the process of laying Bangalore-Chennai Express way situated at Sy.Nos.153/10, 153/12, 153/13, 153/15, 153/16, 153/17, 1/1B, 1/2B, 2/1A1 and 2/1B of 190-Ramapuram village and 189-Kottapalli, Chittoor District, Andhra Pradesh.

(2.) The relevant facts of the case, which are germane for consideration, may briefly be narrated as follows:

(3.) The National High Way Authority of India (for short - the NHAI") has taken up the work of construction of four lane Bangalore-Chennai Expressway in three phases to facilitate high speed travel between Bangalore and Chennai. The alignment of the project passes through the States of Karnataka, Andhra Pradesh and Tamilnadu. Phase III of the project consists of 105705 km., out of which 12 km., falls in Chittoor District and comes under the jurisdiction of Project Implementation Unit, Kancheepuram, Tamilnadu. For the purpose of the said project NHAI sent requisitions for acquisition of lands measuring approximately an extent of 2,63,390 sq.mtrs., in 189-Kothapalle village and 5,66,892 sq.mtrs., in 190-Ramapuram village of Gudipala Mandal of Chittoor District. The lands situated in Sy.Nos.153/10, 153/12, 153/13, 153/15, 153/16, 153/17, 153/19A in 190-Ramapuram village and the lands situated in Sy.Nos.1/1A, 1/1B, 1/2A, 1/2B, 2/1A and 2/1B in 183-Kothapalle village are part of the land acquisition pertaining to the Bangalore-Chennai Expressway in the stretch of land from Km.74/870 to 82/150 and 83/350 to Km.164/500 in Chittoor District.