Nandam Rajendra Prasad vs The Union Of India
2021 Latest Caselaw 1074 AP

Citation : 2021 Latest Caselaw 1074 AP
Judgement Date : 23 February, 2021

Andhra Pradesh High Court - Amravati

Nandam Rajendra Prasad vs The Union Of India on 23 February, 2021

Bench: Ninala Jayasurya

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(SHOW CAUSE NOTICE BEFORE ADMISSION) ae
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 22)
TUESDAY, THE TWENTY THIRD DAY OF FEBRUARY Ke
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:PRESENT: é
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA 2

WRIT PETITION NO: 4329 OF 2021
Between: .

Nandam Rajendra Prasad, S/o. Rama Rao.

... Petitioner
AND

1. The 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,

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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 his 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 202 Square Meters
in R.S.No.172/3B 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-Machilipatnam. 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
202 Square Meters in R.S.No.172/3B 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 to show cause as to why .

this WRIT PETITION should not be admitted.

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You viz:

4. The Secretary Ministry of Shipping, Union of India, Road, Transport and High
Ways, Department of Road, Transport and Highways, Transport Bhavan,
Parliament Street, 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,State of Andhra Pradesh, 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.

are be and hereby 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, on or before

23-03-2021 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 names of Government Pleader for land Acquisition,

Mr.N.Harinath, Assistant Solicitor General and Mr. S.S.Varma, Standing Counsel
for National Highways Authority of India." or hws --

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> (ASSISTANT REGISTRAR ITRUE COPY! Pa For, SECTION OFFICER

To,

4. The Secretary Ministry of Shipping, Union of India, Road, Transport and High Ways, Department of Road, Transport and Highways, Transport Bhavan, Parliament Street, 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,State of Andhra Pradesh, 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 (RR 1 to 7 by RPAD- along with a copy of petition and memorandum of grounds)

8. OneCC to Sri. Gangisetty Rajeswara Rao Advocate [OPUC]

9. One spare copy

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/ ji HIGH COURT

NJSJ

DATED:23/02/2021

LIST AFTER FOUR (4) WEEKS,

FOR FILING COUNTERS OF THE CONCERNED RESPONDENTS.

NOTICE BEFORE ADMISSION

WP.No.4329 of 2021

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