NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. GIRIJA

JUDGEMENT

(1.) Heard Sri Padma Rao Lakkaraju, learned Standing Counsel for NHAI appearing for Appellants/respondents 2 to 4 and Sri G. Krishna Murthy, learned senior counsel appearing for the respondents.

(2.) The parties herein are being referred to as they are arrayed in the Writ Petition.

(3.) The petitioner herein had purchased Ac.1.00 cents of land in Sy.No.169/3 of Devadoddi Village, Baireddipalli Mandal, Chittoor District, by way of a registered deed of sale, registered as Document No.711/2003. She had sold certain parts of the land and sought conversion of the land from agricultural purposes to non-agricultural purposes, by way of an application, dtd. 15/2/2015. As no orders were being passed, the petitioner approached the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, by way of W.P.No.17529 of 2016. This Writ Petition came to be disposed of, on 1/9/2019, by a learned Single Judge, holding that the petitioner was entitled for the benefit of the proviso to sub sec. 6 of Sec. 3 of A.P Agricultural Land (Conversion for NonAgricultural Purposes) Act, 2006, on account of the fact that the requisite fee, for such conversion had already been paid and consequently the deeming provision available under the said proviso would applicable and the land of the petitioner would be deemed to have been converted as non-agricultural land. This judgment was placed before the Sub-Collector, Madanapalle, who issued an endorsement, dtd. 9/10/2017, that the said land, admeasuring Ac1.00 cents in Sy.No.169/3, is deemed to have been converted from agricultural land to non-agricultural land. A further direction was given to the Tahsildar to implement the orders of the High Court and send a compliance report. Thereafter, another endorsement, dtd. 5/3/2018, was issued by the Sub-Collector, rejecting the application of the petitioner for conversion, on the ground that the said conversion had already occurred on account of the judgment of the learned Single Judge and nothing further remains.