Andhra Pradesh High Court - Amravati
Arepalli Jaya Lakshmi vs Union Of India on 23 February, 2021
Bench: Ninala Jayasurya
[ 3209 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 92"
(Special Original Jurisdiction) fia Va
TUESDAY, THE TWENTY THIRD DAY OF FEBRUARY, fs
TWO THOUSAND AND TWENTY ONE ied
:PRESENT: HOt
ne REFIT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 4331 OF 2021
Between:
Arepalli Jaya Lakshmi, W/o. Late Sree Ramulu,
Petitioner
AND
1. 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.
8. 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 Plot 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 Plot 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 121 Square Meters
in R.S.No.194/7A of Akunuru Village, Vuyyuru Mandal, Krishna District vide. Award No.
1 of 2012 Dated.22.9.2012 (Proc. Re.No.B1/1651/2007), for the purpose of widening of
National Highway No. 9 (Vijayawada-Machilipatham Section) as illegal, arbitrary,
discriminatory and violation principles of natural justice apart from violation of Article 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
121 Square Meters in R.S.No.194/7A 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 and
another Vs. Union of India and others reported 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, Transport Bhavan, Parliament
Street, Union of India, New Delhi.
2. The Chairman and Managing Director, National Highways Authority of India,
Ministry of Shipping, Road, Transport and High Ways Corporate Office at G. 5
and G6, Sector 10, Dwaraka, New Delhi.
3. The Principal Secretary, Road and Transport Department, State of A.P., 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, Plot 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 Plot 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 affidavit filed therewith (copy
enclosed) this WRIT PETITION should not be admitted.
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 namesof Mr. S.S.Varma, Standing Counsel for National
Highways Authority of India, Mr N. Harinadh, Assistant Solicitor General and
Government Pleader for Land Acquisition.
A...
Sd/-K.TataRao
ASSISTANT REGISTRAR
{TRUE COPY// ita
For SECTION OFFICER
To,
1. The Secretary, Ministry of Shipping, Road, Transport and High Ways,
Department of Road, Transport and Highways, Transport Bhavan, Parliament
Street, Union of India, New Delhi.
2. The Chairman and Managing Director, National Highways Authority of India,
Ministry of Shipping, Road, Transport and High Ways Corporate Office at G. 5
and G6, Sector 10, Dwaraka, New Delhi.
3. The Principal Secretary, Road and Transport Department, State of A.P., AP.
Secretariat, Velagapudi, Guntur District.
4. The Joint Collector-Cum-Arbitrator, Krishna District at Machilipatnam.
5S. 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, Plot 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 Plot No. 74, Vanammall Building Near N.A.C. Kalyanavedika, Commercial
Taxes Colony Gurunanak Nagar Road, Vijayawada, Krishna District (Addressee
nos 1 to 7 by RPAD- along with a copy of petition and affidavit)
8. One CC to Sri. Gangisetty Rajeswara Rao Advocate [OPUC]
9. Two CCs to GP for Land Acquisition, High Court of A.P., at Amaravati (OUT)
10.One CC to Sri N. Harinath, Asst. Solicitor General, High 'Court of A.P., at
Amaravati (OUT)
11. Two CCs to Sri S.S. Varma, Standing Counsel for National Highways Authority of
India, High Court of A.P., at Amaravati (OPUC)
12.One spare copy
Skm
_ HIGH COURT
NJS,J
DATED:23/02/2021
NOTE: LIST AFTER FOUR (4) WEEKS
NOTICE BEFORE ADMISSION
WP.No.4331 of 2021
