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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. SIVA SANKARA RAO, J.
Nerajala Nageswara Rao and another - Petitioners
Vs.
Union of India and three others - Respondents
Writ Petition Nos.9920, 9921, 10189 and 12389 of 2017
Decided On : 11-07-2017
Constitution of India - Article 226 and 123 - National Highways Act, 1956 - Section 3G,3E, 3 G (1), 105(3) - Arbitration and Conciliation Act, 1996 - sub-section (1) or sub-section (5) - Advocates Act, 1961 - clause (i) of sub-section (1) of section 2 - Land Acquisition Act, 1894 - Section 3J - Rehabilitation and Resettlement Act, 30 of 2013 - Sections 26, 31, 32, 38 and 105(3) - Appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to take possession of land belongs to petitioners situated in Dharmarao Cheruvupalli Village - Without following the procedure contemplated under Section 3E of the National Highways Act as illegal arbitrary malafidy ultra-virus and against to the principles of natural justice and consequentially direct the respondents not take possession of lands of the petitioners without following the procedure contemplated under the National Highways Act in interest of justice and pass such other order or orders Court may deem fit and proper and in the circumstances of the case - Appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to take possession of land belongs to petitioners situated Village SPSR Nellore District without determination of the compensation by following procedure contemplated under Section of the National Highways Act - Consequentially direct the respondents not take possession of lands of the petitioners without following the procedure contemplated under the National Highways Act in interest of justice and pass such other order or orders as this Court may deem fit and proper and in the circumstances of the case - Impugned Notification issued by the respondent as well as the impugned Award of the 3rd respondent and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the lands belongs – Held, Legal position on this aspect is also very clear from the observation of this Court District Collector-cum-Arbitrator West District and another and the order operative portion reproduced above also reiterated and batch. Even coming to the expression it is observed contextually therein that even there is any discrepancy in the report of the extent concerned that cannot itself be a ground to set aside the award. Further the Apex Court in Managing Directo State Industrial Development Corporation and held that larger public purpose will prevail over individual interests and out of two remedies available in alternative to grant, the harsher one should not be restored latest expression also in that line of larger public interest to prevail over interest to of section of persons in directing 74 persons not vacated to vacate as already persons consented for development persons vacated saying they cannot continue in possession to interdict the development process - Petitions are disposed.
These writ petitions are filed under Article 226 of the Constitution of India, seeking the following reliefs:
(i) W.P.No.9920 of 2017:
“… to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents in trying to take possession of land belongs to petitioners situated in Dharmarao Cheruvupalli Village, Marripadu Mandal, SPSR Nellore District without determination of the compensation by following procedure contemplated under Section 3G of the National Highways Act, 1956 and without following the procedure contemplated under Section 3E of the National Highways Act, 1956 as illegal, arbitrary, malafidy, ultra-virus and against to the principles of natural justice and consequentially direct the respondents not take possession of lands of the petitioners without following the procedure contemplated under the National Highways Act, 1956 in interest of justice and pass such other order or orders as this Hon’ble Court may deem fit and proper and in the circumstances of the case.”
(ii) W.P.No.9921 of 2017:
“to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents in trying to take possession of land belongs to petitioners situated in Dharmarao Cheruvupalli Village, Marripadu Mandal, SPSR Nellore District without determination of the compensation by following procedure contemplated under Section 3G of the National Highways Act, 1956 and without following the procedure contemplated under Section 3E of the National Highways Act, 1956 as illegal, arbitrary, malafidy, ultra-virus and against to the principles of natural justice and consequentially direct the respondents not take possession of lands of the petitioners without following the procedure contemplated under the National Highways Act, 1956 in interest of justice and pass such other order or orders as this Hon’ble Court may deem fit and proper and in the circumstances of the case.”
(iii) W.P.No.10189 of 2017:
“to issue an appropriate Writ, Order or Direction, particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents in acquiring the lands belongs to the Petitioners and determining the compensation without issuing public notice as per sub-section (3) of Section 3 G of National Highways Act, 1951 and thereby publishing the Award is arbitrary, unreasonable and accordingly set aside impugned Notification issued by the 1st respondent dated 21-6-2016 as well as the impugned Award of the 3rd respondent vide Rc.I(L.A.) 301/16 DATED 8-2-2017 and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the lands belongs to the petitioners to an extent of Ac.0.04 cents of Land in Survey No.187/3 of DC Palli village, Marripadu Mandal, Sri Potti Sriramulu Nellore District and to pass such other and further orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”
(iv) W.P.No.12389 of 2017:
“to issue an appropriate Writ, Order or Direction, particularly, one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in determining the compensation without following the procedure contemplated under Section 3 G (1) of National Highways Act, 1951 and thereby publishing the Award is arbitrary, unreasonable and accordingly set aside impugned Notification issued by the 1st respondent dated 21-6-2016 as well as the impugned Award of the 3rd respondent vide Rc.I(L.A.) 301/16 dated 8-2-2017 and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the land as well as House belongs to the petitioner to an extent of Ac.0.02 cents of Land in Survey No.187/3 of DC Palli village, Marripadu Mandal, Sri Potti Sriramulu Nellore District and to pass such other and further orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”
2. Heard learned counsel for the respe
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