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2012 Supreme(AP) 152

2012 (2) ALD 387 (DB)
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
MADAN B. LOKUR, CJ AND P.V. SANJAY KUMAR, J.
Dano Vaccines & Biological (P) Ltd., Hyderabad and another
v.
Government of India and another
WA No.185 of 2011
Decided on: Ninth Day of February, 2012

Advocates appeared:
P. Venugopal, Counsel for the Appellants; S.S. Vatma (SC for NHAI), Counsel for the Respondent No.1; Government Pleader for Land Acquisition, Counsel for the Respondent No.2.

Headnote:

National Highways Act, 1956 -Section 3A, 3C,3G – Constitution of India –Land Law -Article 226 – Acquisition of Land – Objection under - Petitioners to attend an enquiry. before the competent authority, the Land Acquisition Officer-cum-Revenue Divisional Officer, appellants were represented by Counsel in the said enquiry. After due consideration, the objections were disposed of by the competent authority by order. Notification under Section 3D of the Act was published thereafter in the Gazette of India. Public notice was issued and published in Sakshi and The Hindu Daily Newspapers. Individual notices were also issued in this regard to all the interested persons, including the appellants. Upon determination of the compensation payable, as per due procedure, an Award was passed. Possession of the subject lands was handed over to the National Highways Authority of India under a panchnama. As per the communication of the General Manager (Technical) and Commercial Project Director, National Highways Authority of India, Hyderabad, the formation of the road was also taken up and completed upto WMM level. This aspect is however disputed by the appellants –Held the Division Bench observed that if the notification made it clear that the land plans and other details of the land covered by the notification were available in the office of the competent authority for inspection by interested persons, it was for those who thought that there was ambiguity in the particulars incorporated in the notification to approach the competent authority and inspect the land plans and other details and thereafter file their objections. Division Bench held against the land owners in that case as they did not choose to adopt that course same is the situation in the present case. Thus, technicalities aside, even on merits this challenge warrants rejection. kindly to a party resorting to blatant abuse of the process of this Court by filing successive writ petitions on the same issue, attempting to reduce the curial exercise to a mere gamble. Such conduct on the part of a litigant has to be deprecated in no uncertain terms - writ remedy is an equitable one. A person approaching a superior Court must come with a pair of clean hands. It not only should not suppress any material facts, but also should not take recourse to the legal proceedings over and over again which amounts to abuse of the process of law cannot therefore ignore the unabashed and flagrant abuse of process by the appellants in initiating multiple proceedings under Article 226 of the Constitution on the same cause of action writ appeal is accordingly dismissed with exemplary costs of Rs.1,00,000 to be paid to the Andhra Pradesh State Legal Services Authority, Hyderabad, within two (2) months from today. WAMP No.433 of 20 II shall stand dismissed in consequence –Appeal is Dismissed.

JUDGMENT:

P.V. SANJAY KUMAR, J ;-In a ceaseless campaign .against acquisition of their lands, the owner are in appeal against the order of a learned Judge dismissing yet another writ petition filed by them.

2. Appellant No.1, a private limited company, is the owner of an extent of Acs.2-06 guntas in Sy.No.575 of Ghatkesar Village, Hayatnagar Taluq, Ranga Reddy District. It claims title under registered sale deed No.475 of 1982 dated 30.1.1982. Appellant No.2, a partnership firm and a sister concern of appellant No.1, owns an extent of Acs.2-08 guntas in the same survey number having purchased the same under registered sale deed No.2084 of 1983 dated 5.4.1983. Parts of these lands were acquired under the National Highways Act, 1956 (hereinafter, 'the Act') for widening/four laning National Highway No.202 (Hyderabad to Yadagiri Section).

3. Notification under Section 3A(l) of the Act was published in the Gazette of India dated 27.11.2009. In response, 12 objection petitions under Section 3C(1) of the Act were received, including that of the appelfants. Notices were issued on 3.2.2010 requiring the objection petitioners to attend an enquiry on 15.2.2010 before the competent authority, the Land Acquisition Officer-cumRevenue Divisional Officer, Ranga Reddy East Division. The appellants were represented by Counsel in the said enquiry. After due consideration, the objections were disposed of by the competent authority by order dated 22.2.2010. Notification qnder Section 3D of the Act was published thereafter in the Gazette of India dated 23.3.2010. Public notice dated 15.4.2010 was issued under Section 3G of the Act and published in 'Sakshi' and 'The Hindu' Daily Newspapers on 18.4.2010. Individual notices were also issued in this regard to all the interested persons, including the appellants. Upon determination of the compensation payable, as per due procedure, an Award was passed on 29.9.2010. Possession of the subject lands was handed over to the National Highways Authority of India on 15.2.2011 under a panchnama. As per the communication dated 31.12.2011 of the General Manager (Technical) and Commercial Project Director, National Highways Authority of India, Hyderabad, the formation of the road was also taken up and completed upto WMM level. This aspect is however disputed by the appellants.

4. Now, a quick look at the litigation initiated by the appellants:

In the first instance, the appellants filed Writ Petition No.980 of 2010 seeking a declaration simpliciter that the action of the respondents in acquiring their lands in Survey No.575 at Ghatkesar Village, Ranga Reddy District, was illegal. By order dated 27.1.2010 a learned Judge, taking note of the fact that the objections filed by the. appellants under Section 3C of the Act were pending before the competent authority who was willing to consider the same despite the fact that they were filed beyond time, disposed of the writ petition directing the competent authority to consider the said objections independently on their own merits and to take further steps thereafter in accordance with law.

5. As stated supra, the objections filed by the appellants and others were considered and rejected by the competent authority under order dated 22.2.2010 and further steps were initiated under the Act, including issuance of a notice under Section 3G thereof. At that stage, the appellants filed Writ Petition No.9305 of 20] 0 seeking cance11ation of the Section 3G notice dated 15.4.2010 on the ground that the same was issued without disposing of their representation dated 15.2.2010. They also sought cancellation of the notification dated 27.11.2009 issued under Section 3A of the Act (wrongly mentioned as 'Section 3C') and a direction to the respondents not to interfere with their possession over the subject lands. During the hearing of this writ petition, the appellants complained that they had not received the order dated 22.2.2010 passed by the competent authority rejecting their objection

























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