NATIONAL HIGHWAYS AUTHORITY Vs. MALLAMPATI SUDHA KUMARI

JUDGEMENT

(1.) The land of the 1st respondent, to an extent of 1105 square meters, in R.S.No.143/4A8 of Vuyyuru Village and Mandal, Krishna District, was acquired for the purpose of widening the national highway by the National Highway Authority of India.

(2.) A notification under Sec. -3(A) of the National Highway Act, 1956 [for short "the NH Act, 1956"] was issued on 30/7/2017. The notification under Sec. -3(D) of the NH Act, 1956, was published on 1/6/2018 and on 15/6/2018 in the newspapers. Thereafter, an award was passed, under Sec. -3(G) of the NH Act, 1956, on 31/8/2019. Under this award, the compensation of Rs.1,81,23,250.00 was determined to be paid and the same was also paid on 1/7/2022. There was no dispute regarding these dates. However, there is a dispute as to the date on which the possession of the land was taken. According to the 1strespondent, the possession of the land was taken on 1/6/2018. This is disputed by the acquisition authority who contends that the possession of land was taken only on 21/10/2022, after the payment of compensation.

(3.) The 1st respondent contending that interest was payable to her on the compensation amount, on account of delay in payment of compensation, had approached this Court by way of W.P.No.25098 of 2022. A Learned Single Judge of this, by an Order dtd. 12/9/2022, had disposed of the Writ Petition, holding that the possession of the land had been taken over on 1/6/2019 and directed payment of interest from 1/6/2019 to 1/7/2022 @15% per annum.