Andhra Pradesh High Court - Amravati
Garapati Kanya Kumari vs The Union Of India on 23 February, 2021
Bench: Ninala Jayasurya
[3209 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE
(SPECIAL ORIGINAL JURISDICTION) ;
TUESDAY ,THE TWENTY THIRD DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE bo
:PRESENT: oe
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA «.
WRIT PETITION NO: 4328 OF 2021
Between:
Garapati Kanya Kumari, W/o. Late Baburao,
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,
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 648 (324 +324)
Square Meters in R.S.No.196/4A2 & 4B2 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 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 648 (324 + 324) Square Meters in R.S.No.196/4A2 & 4B2 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 A.P. State of 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 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 name of Mr. S.S.Varma, Standing Counsel for national Highways
Authority of India.
Sd/-B.NarsingaRao
ASSISTA REGISTRAR
IITRUE COPYI// ..
For SECTION FICER
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 A.P. State of 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.
(Addressee Nos 1 to 7 by RPAD along with copy of petition and affidavit)
8 Two CCs to Sri S.S. Varma, Standing Counsel for National High Highways
Authority of India, (OPUC)
9. One CC to Gangisetty Rajeswara Rao, Advocate [OPUC]
10.One spare copy
Skm
HIGH COURT
NJS,J
DATED:23/02/2021
NOTE: LIST AFTER FOUR WEEKS
NOTICE BEFORE ADMISSION
WP.No.4328 of 2021
