Avvaru Venkateswaramma vs Union Of India
2021 Latest Caselaw 1071 AP

4 SL
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

 

(Special Original Jurisdiction)

TUESDAY, THE TWENTY THIRD DAY OF FEBRUARY_--

\

TWO THOUSAND AND TWENTY ONE

:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA -- /

WRIT PETITION NO: 4401 OF 2021 _-- Y/Y
Between:

Avvaru Venkateswaramma, W/o. Nageswar Rao, Age. 66 years, Occ. Housewife, H.No.2-180,
2nd Street, B.C.Colony, Akunuru Village, Vuyyuru Mandal, Krishna District.

Petitioner --

AND

4. Union of India, represented by its Secretary, Ministry of Shipping, Road, Transport and
High Ways, Department of Road, Transport and Highways, Transport Bhavan,
Parliament Street, New Delhi.

2. The National Highways Authority of India, Represented by its Chairman and Managing
Director, Ministry of Shipping, Road, Transport and High Ways Corporate Office at G.5
and G6, Sector 10, Dwaraka, New Delhi.

3. The State of Andhra Pradesh, represented by the Principal Secretary, Road and
Transport Department A.P. Secretariat, Velagapudi, Guntur District.

4. The Joint Collector-Cum-Arbitrator, Krishna District at Machilipatnam.

5. The Sub-Collector- Cum- Competent Authority (Land Acquisition- National Highways),
Nuzvid Revenue Division. Nuzvid, Krishna District.

6. The Regional Officer, National Highways Authority of India Pot No. 74, Vanammall
Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony Gurunanak Nagar
Road, Vijayawada, Krishna District.

7. The Project Director, Project implementation Unit National Highways Authority of India
Pot No. 74, Vanammall Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony
Gurunanak Nagar Road, Vijayawada, Krishna District.

Respondents--

WHEREAS the Petitioner above named through her Advocate Sri.Gangisetty Rajeswara Rao presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or orders or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents without paying statutory benefits, acquiring the land of the petitioner in an extent of 364 Square Meters in R.S.No.168/18 of Akunuru Village, Vuyyuru Mandal, Krishna District vide. Award No.1 of 2012 Dated.22.9.2012 (Proc.Rc.No.B1/1651/2007), for the purpose of widening of National Highway No. 9 (Vijayawada-Machilipatnam Section) as illegal, arbitrary, discriminatory and violation principles of natural justice apart from violation of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents to release statutory benefits such as Solatium, Additional Market Value, Damages, Ex-Gratia and Interest, for the acquired land of the petitioner in an extent of 364 Square Meters in R.S.No.168/18 of Akunuru Village, Vuyyuru Mandal, Krishna District, in terms of under Section 23, 28 and 34 of the Land Acquisition Act, 1894, in view of the judgment rendered by the Hon'ble Supreme Court in Sunita Mehra andanother Vs. Union of India and others resorted in 2016 (8) SCALE 568;-~

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.Gangisetty Rajeswara Rao, Advocate for the Petitioner, directed issue of notice to the Respondents herein returnable within a period of three (3) weeks to show cause as to why this WRIT PETITION should not be admitted.

You viz:

1. The Secretary Ministry of Shipping, Road, Transport and High Ways, Department of Road, Transport and Highways, Union of India, Transport Bhavan, Parliament Street, New Delhi.

2. The Chairman and Managing Director, Ministry of Shipping, Road, Transport and High Ways, National Highways Authority of india, Corporate Office at G. 5 and G6, Sector 10, Dwaraka, New Delhi.

3. The Principal Secretary, Road and Transport Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District.

4. The Joint Collector-Cum-Arbitrator, Krishna District at Machilipatnam.

5. The Sub-Collector- Cum- Competent Authority (Land Acquisition- National Highways), Nuzvid Revenue Division. Nuzvid, Krishna District.

6. The Regional Officer, National Highways Authority of India Pot No. 74, Vanammall Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony Gurunanak Nagar Road, Vijayawada, Krishna District.

7. The Project Director, Project Implementation Unit National Highways Authority of India Pot No. 74, Vanammall Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony Gurunanak Nagar Road, Vijayawada, Krishna District.

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted before 24.03.2020, on which date the case stands posted for hearing.

THE COURT MADE THE FOLLOWING ORDER:

Notice before admission, returnable within a period of three (3) weeks. List after four (4) weeks for filing counters of the concerned respondents.

Office to print the name of Mr.S.S.Varma, Standing Counsel for National

Highways Authority of India.

/

SD/-M.RAMESH BABU 7 ASSISTANT REGISTRAR .

ITTRUE COPY// py]

SECTION OFFICER To,

1. The Secretary Ministry of Shipping, Road, Transport and High Ways, Department of Road, Transport and Highways, Union of India, Transport Bhavan, Parliament Street, New Delhi.

2. The Chairman and Managing Director, Ministry of Shipping, Road, Transport and High Ways, National Highways Authority of India, Corporate Office at G. 5 and G6, Sector 10, Dwaraka, New Delhi.

3. The Principal Secretary, Road and Transport Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District.

4. The Joint Collector-Cum-Arbitrator, Krishna District at Machilipatnam.

5. The Sub-Collector- Cum- Competent Authority (Land Acquisition- National Highways), Nuzvid Revenue Division. Nuzvid, Krishna District.

6. The Regional Officer, National Highways Authority of India Pot No. 74, Vanammall Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony Gurunanak Nagar Road, Vijayawada, Krishna District.

7. The Project Director, Project Implementation Unit National Highways Authority of India Pot No. 74, Vanammall Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony Gurunanak Nagar Road, Vijayawada, Krishna District. (1 to 7 by RPAD- along with a copy of petition and affidavit)

8. One CC to Sri.Gangisetty Rajeswara Rao Advocate [OPUC]

9. One CC to Mr.S.S.Varma, Standing Counsel (OPUC)

10. Two CCs to GP for Transport, High Court of A.P. (OUT)

11. Two CCs to GP for Land Acquisition, High Court of A.P. (OUT)

12. One CC to Sri.Harinath N (Asst. Solicitor General) Advocate [OPUC]

13. One spare copy

a

DATED:23/02/2021

NOTE: LIST AFTER FOUR (4) WEEKS FORFILING = COUNTERS OF THE CONCERNED RESPONDENTS

NOTICE BEFORE ADMISSION a

WP.No.4401 of 2021