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2012 Supreme(AP) 693

N.RAVI SHANKAR, GODA RAGHURAM
Bhimavarapu Giridhar Kumar Reddy – Appellant
Versus
Union Government of India, Department of Shipping Roads, Transport & Highways, represented by the Secretary – Respondent


Advocates Appeared:
For the Appellant:C.V. Mohan Reddy for M/s. T. Sreedhar, Advocates.
For the Respondents: R1 to R3, S.S. Varma, S.C for NHAI, R4, G.P for Land Acquisition.

Judgment :-

GodaRaghuram, J.

The unsuccessful writ petitioner is the appellant. The writ petition seeking a declaration that the public notice dated 26-04-2010 issued by the 1st respondent under Section 3 G of the National Highways Act, 1956 (the 1956 Act') is arbitrary and illegal was rejected by the judgment dated 24-11-2011. Hence this appeal.

To the extent relevant and material the case of the appellant (the petitioner) as pleaded in the writ petition, may be noticed in brief:

(a) The petitioner owns an agricultural land of an extent of Ac.6-15 cents in R.S.No.40 of Konthanapadu Village, Kunkipadu Mandal of Krishna District, situate to the West of National Highway No.9, leading from Machilipatnam to Vijayawada;

(b) In August, 2007, without initiating acquisition proceedings the staff of the respondents trespassed into the petitioner's property and erected some boundary stones;

(c) On enquiries he learnt that the existing two-lane National Highway is proposed to be widened to provide a four-lane Highway; to safeguard properties of influential persons in the area, the respondent authorities have proposed alignment of the road widening in such a way as to deprive the petitioner of







































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