1. All the petitioners are residents of KrishnampalemVillage and all are agriculturists and agriculture labours and they are residing at Survey Nos.91/2, 91/1, 84/3, 116/15, 116/20, 89/7, 116/5, 117/17, 95/1, 116/14, 84/2, 94/4, 65/1 and 66/1 of Krishnampalem Village, Rambilli Mandal, Visakhapatnam District (present Anakapalli District).

2. The present writ petition is filed aggrieved by the action of respondents in not providing rehabilitation and resettlement for acquisition of lands in Krishnampalem Village, Rambilli Mandal, Anakapalli District, contrary to G.O.Rt.No.846, Revenue (Lands- IX) Department, dated 07.09.2023.

3. Initially, in the year 2006, a notification was given for acquiring the lands for establishment of start-up area phase-I, VCIC by APIIC. Thereafter, in the year 2008, an award was passed by the 4th respondent vide award No.2, dated 16.02.2008, granting compensation to the petitioners and subsequently, after the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act 30 of 2013’) came into force, the authorities have identified the petitioners are displaced persons as their lands were acquired. Accordingly, they are entitled for compensation for resettlement and rehabilitation. Accordingly, the 1st respondent has considered and issued G.O.Rt.No.846 dated 07.09.2023 allotting a land of Ac.32.49 cents of Panchadarla Village, Rambilli Mandal, Anakapalli District. Accordingly, the 6th respondent vide proceedings dated 11.10.2023 directed the 7th respondent to prepare the list of beneficiaries and the said land was also reserved for resettlement area for displaced families of the petitioners. Accordingly, the 7th respondent has prepared the eligibility list vide proceedings dated 18.09.2024. But, till date the respondent authorities did not demarcate the plots in those designated R & R lands situated in Panchadarla Village. The 8th respondent has also addressed a letter to the Tahsildar stating that the APIIC has acquired the said resettlement area to provide R & R to Krishnapalem Village displaced families and requested to fix the boundaries of the said resettlement area. However, till date, the process is not done.

4. Surprisingly, on 21.07.2025, some lotteries were drawn in the office of the 8th respondent. The petitioners have questioned the said action and requested to conduct the lottery pertaining to the lands in Panchadarla Village. But, the respondent authorities have conducted a lottery including the petitioners in some other lands which is contrary to G.O.Rt.No.846 dated 07.09.2023. The said action of the 8th respondent is illegal and arbitrary and it cannot defeat the rights in respect of relocate the village at some other place other than the Panchadarla Village. The said action of the respondents is at the behest of local real estate agents and accordingly, the officers have given up the R & R scheme and the land reserved for R & R in Panchadarla Village. In fact, the land designated and reserved resettlement area in Survey Nos.315/1 and 2, 316/1 and 317-1 of Panchadarla Village, Rambilli Mandal, Anakapalli District is suitable for residential purpose. Though the petitioners have raised objections with regard to the allotment of plots by way of a lottery other than the reserved place, despite the same, the Zonal Manager of APIIC has conducted lottery in respect of allotment of plots in different villages which is contrary to G.O.Rt.No.846 dated 07.09.2023. Accordingly, the petitioners have made a representation on 24.07.2025 to all the respondents requesting them to allot plots in Panchadarla Village as the same is already reserved resettlement area as per G.O.Rt.No.846 dated 07.09.2023 and also requested for resettlement compensation of Rs.25,00,000/- per person. Despite the same, the respondent authorities have not considered the representation made by the petitioners. Hence, without considering the representation, if the respondents unauthorisedly proceed further, the rights of reserved settlement area will be bypassed and their rights would be effected. In fact, the petitioners were not given any notice for conducting such lottery, but the signatures were obtained fraudulently, misleadingly and forcibly. While the things stood thus, the 9th respondent has started work by encroaching the lands of the petitioners without completion of the resettlement and rehabilitation scheme as per the Act 30 of 2013. Aggrieved by the said action, the present writ petition is filed.

5. Reply to the said allegations, the 6th respondent has filed a counter. According to the counter, the Government of Andhra Pradesh has established Special Economic Zone in Atchutapuram by acquiring an extent of Ac.9200.00 cents in Rambilli and Atchutapuram Mandals of Visakhapatnam District to render all services for setting up Industries at One Stop Service Centre, APSEZ, Atchutapuram in the year 2004. 29 villages were affected covering 5755 project displaced families and accordingly, the R & R package was paid to the rehabilitants at Rs.1,75,000/- in addition to house site pattas at 0.05 cents each. Accordingly, rehabilitated in two R & R colonies which were established at Dibbapalem and Veduruwada Villages of Atchutapuram Mandal with all infrastructural facilities like formation of roads, drains, electricity, drinking water, school buildings etc.

6. A housing colony in Dibbapalem Village of Atchutapuram Mandal was developed by APIIC Authorities in an extent of Ac.458.71 cents covered in Survey Nos.1, 2, 3, 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 47, 48, 49, 50 and 51 of Rajakoduru Village, Rambilli Mandal, Survey Nos.1 to 55 and 66 of Dibbapalem Village, Survey Nos.204, 205, 217 to 227 of Veduruwada Village, Survey Nos.127 to 153 of Marturu Village, Atchutapuram Mandal with 4462 plots to rehabilitate the PDFs of 26 SEZ affected villages of Atchutapuram and Rambilli Mandals.

7. Initially, the authorities have issued a notification under Section 4(1) of the Land Acquisition Act, 1894 for expansion of SEZ in the year 2006 and some of the persons filed W.P.No.10328 of 2008 and this Court has granted an interim order staying further proceedings including dispossession of the petitioners from their lands. Subsequently, the said writ petition was disposed of vide orders dated 21.06.2017 with a direction to the authorities to make an award keeping the provisions of the Act 30 of 2013 and complete the exercise within three months from the date of receipt of a copy of the orders. Accordingly, notices have been issued to all interested persons for an extent of Ac.416.11 cents with a request to attend for enquiry along with documentary evidence on 19.08.2017. Accordingly, an enquiry has been conducted in the Community Hall at Gorapudi Village of Rambilli Mandal. Accordingly, in obedience to the orders of this Court and as per the instructions of the Joint Collector, Visakhapatnam, an award was passed for an extent of Ac.416.11 cents at Rs.13,68,830/- per acre covered by various survey numbers in Rambilli Mandal. In those circumstances, the petitioners along with the various other villagers the authorities have considered that they are project displaced families accordingly identified 252 beneficiaries under project displaced categories and proposed to allot plots in already established R & R APIIC layout at Dibbapalem, which is well established with all common amenities and all trunk infrastructure. House sites were allotted to the beneficiaries in a transparent manner by allotting the plots on lottery basis by drawing lots by Revenue Divisional Officer, Anakapalli and R & R Officer in presence of all the PDF beneficiaries, before the Member of Legislative Assembly of Yelamanchili constituency and the said lots were made on 21.07.2025 and no objections have been received from anyone of the PDF families.

8. With regard to the reserved land for establishment of R & R layout in accordance with G.O.Rt.No.846 dated 07.09.2023, the APIIC Authorities after survey of the subject land in Panchadarla Village reported that the proposed land is not feasible to develop the R & R layout as the land is completely hilly terrain with hard rock and in many places large ditches existed due to unauthorized gravel quarrying and further there is no proper approach road to the site as the existing 12’-0” wide road is only passing in between two rows of houses to some extent. Accordingly, the APIIC Authorities have submitted that it is difficult to carry out the infrastructure works like roads, drains, water supply etc and requested to allot an alternative site surrounding to Panchadarla Village and also nearer to Krishnampalem Village for livelihood. Basing on the above request made by the APIIC, after taking consent from the PDF beneficiaries the plots were allotted to R & R layout at Dibbapalem as the same is well established with all amenities and infrastructure. All the residents of Krishnampalem hamlets are considered at one block in APIIC layout at Dibbapalem. Based on the above, the District Collector, Anakapalli has also addressed a letter to CCLA and Special Chief Secretary to Government of Andhra Pradesh on 26.09.2025 with a request to withdraw the orders issued in G.O.Rt.No.846 dated 07.09.2023 regarding handing over of land admeasuring Ac.32.49 cents in Survey Nos.315/1 and 2, 316-1 and 317-1 of Panchadarla Village, Rambilli Mandal.

9. In fact, at the request of the beneficiaries, the District Collector has submitted a proposal for allotment of house sites at Panchadarla under R & R package and accordingly, the Government has notified the subject land of Ac.32.49 cents to APIIC. Accordingly, the APIIC Authorities after ground verification has submitted a report to the District Collector, Anakapallli as the subject land is not feasible for development of R&R layout.

10. Respondent Nos.5 and 8 - APIIC has also filed a counter. According to the counter, a total 29 villagers were affected during the course of the land acquisition. Accordingly, a rehabilitation package was provided by granting 0.05 cents of house sites to R & R colonies and were developed at Dibbapalem and Veduruwada Villages in Atchutapuram Mandal and the colonies at Dibbapalem Village, Atchutapuram Mandal were developed by APIIC for an extent of Ac.458.71 cents. In that a total 252 displaced families have been identified and will be allotted plots in the R & R layout at Dibbapalem as the same is equipped with all necessary amenities. To ensure transparency, the plots were allotted through a lottery conducted by the Revenue Divisional Officer and R & R officer in the presence of the displaced families and the local MLA and accordingly, they have conducted a lottery on 21.07.2025 and allotted all the house sites including the petitioners and no objections were received at that point of time.

11. With regard to the area for an extent of Ac.32.49 cents in Survey Nos.375/1 and 2, 316/1 and 317/1 of Panchadarla Village, the same was inspected by the APIIC Authorities and after ground verification, a report was submitted to the District Collector, Anakapalli stating that the land is not feasible to develop the R & R layout due to the following reasons:

        a) The land is completely hilly terrain with hard rock and an upward gradient of 1 in 4.

        b) In many places large ditches existed due to unauthorized gravel quarrying.

        c) There is no proper approach road to the site as the existing 12’-0” wide road is only passing in between two rows of houses to some extent, hence it is difficult to carry out the infrastructure works like roads, drains, water supply etc.

12. Subsequently, the same was informed to the beneficiaries by conducting Grama Sabha on 06.05.2025 and also disclosed an alternative feasible area with all basic amenities in place which is nearer to Krishnampalem Village i.e., layout at Dibbapalem. The beneficiaries were consented for the same and accordingly, a draw of lots was made on 21.07.2025.

13. Based on the above averments, the learned counsel appearing on behalf of the petitioners has mainly contended that the action of the respondents is contrary to the records. In fact, as per the recommendations made by the District Collector, Anakapalli an extent of Ac.32.49 cents of land was handed over to Zonal Manager, APIIC for providing R & R package to the petitioners and accordingly, the Government accorded permission to the District Collector, Anakapalli to handover advance possession of Ac.32.49 cents in Survey Nos.315/1 and 2, 316/1 and 317-1 of Panchadarla Village from out of resumed land of an extent of Ac.45.25 cents from BCT in favour of APIIC for utilization and to expedite the R & R activity need for startup area phase-I. As the said G.O.Rt.No.846 dated 07.09.2023 was issued based on the recommendations made by the District Collector for grant of house sites to the petitioners under R & R package. When that being the case, the authorities ought not to have granted the house sites to the petitioners at Dibbapalem Village instead of granting house sites at Panchadarla Village. The said action of the respondents is wholly illegal and contrary and before doing such action, the respondent authorities have not issued any notice to the petitioners. Once the authorities have considered and allotted the land for grant of R & R package to the petitioners at Panchadarla Village, the respondents, more specifically respondent Nos.5 and 8 and respondent Nos.4 and 6, are not entitled to act contrarily by allotting the house sites at Dibbapalem Village. Questioning the said action, when the petitioners have approached this Court and the writ petition is pending, the authorities ought not to have dispossessed the petitioners from the subject property highhandedly. He further submitted that in fact by coercive methods the authorities have taken consent from the petitioners while granting the house sites at Dibbapalem. Even according to the counter filed by respondent No.6, it is made clear that G.O.Rt.No.846 dated 07.09.2023 is still existing and the same is not recalled by the Government. Once the Government has not recalled the said G.O., the benefits accrued to the petitioners should not be interdicted by the authorities by granting house sites in some other places. Hence, requested to set aside the allotments made in favour of the petitioners by lots on 21.07.2025 and also requested for implementation of G.O.Rt.No.846 dated 07.09.2023 by allotting house site plots in Survey Nos.315/1 and 2, 316/1 and 317-1 of Panchadarla Village.

14. Reply to the same, the learned Government Pleader appearing on behalf of the respondents has contended that in fact as directed by this Court in W.P.No.10328 of 2008 the authorities have considered for providing R & R package to all displaced families. Accordingly, the APIIC have established layouts at Dibbapalem by providing all basic/common amenities and all trunk infrastructure. The said layout is nearer to the present petitioners village i.e., Krishnampalem, Rambilli Mandal. In fact, the land which was reserved by the Government in G.O.Rt.No.846 is far away than the present established colony at Dibbapalem by APIIC. He further submitted that in fact on perusal of G.O.Rt.No.846 dated 07.09.2023, there is no specific mention about the displaced families of Krishnampalem Village, Rambilli Mandal. As per the recommendations made by the District Collector, Anakapalli District, in fact, the lands were reserved for an extent of Ac.32.49 cents and after field verification and taking observations made by the APIIC, the 2nd respondent- District Collector has also requested the Government to recall the above said G.O.Rt.No.846. The learned Government Pleader further submitted that Section 31 of the Act 30 of 2013 mandates that the District Collector shall pass rehabilitation and resettlement awards for each affected family in terms of the entitlements provided in the second schedule. Section 31(2)(c) of the Act 30 of 2013 prescribes allotment of house site/house in case of displaced families. Accordingly, the authorities have considered and passed an award to grant Ac.0.05 cents of house site each to all displaced families. As the petitioners are also entitled for house sites, the authorities have considered and allotted plots in well established layout by the APIIC specifically for the purpose of allotting the house sites to the displaced families. Hence, the authorities have considered and in transparent manner house sites were allotted to the petitioners along with all 252 beneficiaries by drawing lots. Even on perusal of the entire affidavit, there is no allegation against the officers with regard to transparency in allotting the plots. In such being the position, the petitioners have no claim over the land at Panchadarla Village. In fact, G.O.Rt.No.846 dated 07.09.2023 has not made any mention about the displaced families of Krishnampalem Village. Hence, they cannot claim over the land of Panchadarla Village for allotment of house sites under R & R package. In fact, the authorities have considered and allotted the plots based on the report submitted by the APIIC with regard to feasibility of making a layout/residential colony. In the said circumstances, the authorities have fully complied with the orders passed by this Court in W.P.No.10328 of 2008 dated 21.06.2017 and accordingly, the petitioners have no right over the subject land. Hence, requested to dismiss the writ petition.

15. Learned counsel appearing on behalf of the APIIC has also made his submissions that the authorities have considered the land proposed for layout for R & R package to the displaced persons at Panchadarla Village. Accordingly, they have conducted field verification and specifically submitted a report with regard to non-feasibility of the subject land by specifying the reasons and same were also placed in the counter. Based on the above averments made in the counter, she argued that the subject land at Panchadarla Village is completely hilly terrain with hard rock and in many places they have large ditches existed due to unauthorized gravel quarrying and further there is no proper approach road. In view of the same, it is very difficult to carryout infrastructure work in the said land. Factually when it is not possible and as per the technical report submitted by the APIIC people the respondents have rightly considered and allotted the sites to the petitioners in well established colony at Dibbapalem Village. Accordingly, she also requested for dismissal of the writ petition.

16. While pendency of the writ petition, some of the displaced persons i.e., 119 persons have filed their implead petition and have submitted that all the implead petitioners are members of the affected families and in fact, they were all interested to take the lands at Dibbapalem Village and they were all granted house sites based on the lots made on 21.07.2025 and in view of the pendency of the present writ petition, the proposed parties are not able to finalise the allotment. Accordingly, they were all affected by virtue of pendency of this writ petition.

17. Considering the submissions made by all the counsels, as the issue involved in this writ petition is that whether the petitioners have right to choose a land in a particular place under R & R package and whether the petitioners have right over implementation of G.O.Rt.No.846 dated 07.09.2023 by allotting land at Panchadarla Village. As contended by the learned Government Pleader in fact on perusal of G.O.Rt.No.846 dated 07.09.2023 though the land for an extent of Ac.32.49 cents in Survey Nos.315/1 and 2, 316/1 and 317/1 of Panchadarla Village is reserved for R & R package, it has not specified the said land is reserved for granting R & R package to the displaced families of Krishnampalem Village or to the petitioners. This Court is also not in a position to accept the contentions of the learned counsel for the petitioners as the respondents were allotted plots to all 252 beneficiaries including the petitioners in a well established colony. The petitioners have no special rights to choose at a particular place. Even according to the provisions of the Act 30 of 2013, the authority/District Collector has mandated to pass an award under Sections 31 and 31(2)(c) of the Act 30 of 2013 to specify if any displaced families are entitled house site/house. In the instant case, as mentioned in the counter by the respondents, the authorities have already considered as per the provisions of the Act 30 of 2013 and also passed an award under Section 31 of the Act 30 of 2013 and accordingly, the authorities have allotted plots. When the authorities have complied with Section 31 more specifically Section 31(2)(c) of the Act 30 of 2013, the petitioners have no specific rights over the house sites at lands reserved for Panchadarla Village when the other beneficiaries have accepted and there is no allegation with regard to the amenities in the said colony. The petitioners have no right to claim a special place.

        Though G.O.Rt.No.846 has been issued based on the report of the Collector, there is a specific observation made by the executing authority i.e., APIIC after ground verification. This Court is not inclined to interfere in the present matter as there is no violation of the Act 30 of 2013. Hence, the writ petition lacks merits.

18. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

        As a sequel, miscellaneous petitions pending, if any, shall stand closed.