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2020 Supreme(AP) 120

C.PRAVEEN KUMAR, BATTU DEVANAND
Kurra Venkateswara Rao – Appellant
Versus
Competent Authority, Manager-II, Vijaywada – Respondent


JUDGMENT :

C. PRAVEEN KUMAR, J.

1. The Central Government proposed to improve NH-9 by strengthening and widening the existing two lane road to four lane road between Nandigama and Ibrahimpatnam under BOT agreement between NHAI and CIDBI Inventures SDN BHD (Malaysia). Accordingly, the Manager II, P.I.U., N.H.A.I., Vijayawada, was appointed as the competent authority for land acquisition vide Notification No. 692(E), dated 20-07-2001 published in Gazette No. 495, dated 20-07-2001. (The Notification under Section 3A(1) of National Highway Act, 1956 [‘N.H. Act’] was published on 17-05-2002).

2. The Government of India, Ministry of Road Transport and Highway, in exercise of its powers conferred under Sub-Section (1) of Section 3(A) of N.H. Act, 1956 gave notice to acquire lands, in Nandigama, Kanchikacharla town and Paritala villages vide Notification dated 17-05-2002 in E.O. Gazette of India, issue no. 446, dated 17-05-2002. The notification for acquisition of land to an extent of 2,71.136 sq. mts. in Kanchikacharla village were to be acquired for widening N.H.9 i.e. for formation of

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