APHC010124642020

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3233]

(Special Original Jurisdiction)

WEDNESDAY, THE TENTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 7678/2020

Between:

1. M ELPADI JAYACHANDRA KUMAR,, S/O GANGADHARA

ACHARI, AGED ABOUT 55 YEARS, DOOR NO.2-115, VASANTHAPURAM, P.KOTHAKOTA POST, PUTHALAPATTU

MANDAL, CHITTOOR DISTRICT - 517112.

...PETITIONER

AND

1. U NION OF INDIA, REP BY ITS SECRETARY, GOVERNMENT

OF INDIA, MINISTRY OF ROADS, TRANSPORT AND HIGHWAYS, PARIVAHAN BHAVAN, 1, PARLIAMENT STREET,

NEW DELHI.

2. N ATIONAL HIGHWAYS AUTHORITY OF INDIA, G5 AND 6,

SECTOR 10, DWARAKA, NEW DELHI 110 075, REP BY ITS

CHAIRMAN.

3. T HE PROJECT DIRECTOR, NATIONAL HIGHWAYS

AUTHORITY OF INDIA, D.NO.23/3/39/501, 5TH FLOOR DHANALAKSHMI NAGAR, VYKUNTAPURAM ROAD, MR PALLI

TIRUPATI-517501

4. T HE JOINT COLLECTOR, CHITTOOR-CUM COMPETENT

AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAY-140 CHITTOOR DISTRICT, CHITTOOR, CHITTOOR DISTRICT,

ANDHRA PRADESH.

5. T HE DISTRICT COLLECTOR, CHITTOOR DISTRICT, AT CHITTOOR, CHITTOOR DISTRICT.

...RESPONDENT(S):

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 topleased to issue an order or direction, one in the nature of writ of Mandamus, i.declaring the action of enhancing the scope of acquisition in Sy.No.1143/1B of P.Kothapeta Village, Puthalapattu Mandal by trying to demolish the house property more than the extent earmarked as per Section 3A (S.0.3929(E) dated 19.12.2017 under Section 3(A) of the National Highways Act 1956) to 3G Notifications of the National Highways Act 1956 without notifying and without paying compensation, as illegal, arbitrary, violation of right to property of the petitioner under A.300-A of the Constitution of India and ii.consequently declare the action of the respondents in resorting to demolish the house property more than the scope of the acquisition as notified under Section 3A to 3G of National Highways Act 1956, and iii.declare the action of the respondents in calculating the compensation as shown in notice No.LA/NHAI 140/Kothakota/Puthalapattu/16/2018 dated 23.6.2018 issued by the 4th respondent under S.341) an 3(H)(1), with regard to property in Sy.No.1142/2 of P.Kothakota Village, Puthalapattu Mandal, Chittoor district without taking into account the house structure existing in the land, as illegal and arbitrary, and iv.to direct the respondents to refer the matter to the arbitrator under Section 3(G)(5) of National Highways Act 1956 for enhancement of compensation for acquisition of House property and land in Ac.1142/2 and 1143/1B of P.Kothakota village, Puthalapattu Mandal, Chittoor district, IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to dispossess and demolish the House property existing in Sy.No.1143/1B of P.Kothakota village, Puthalapattu Mandal, Chittoor District and the existing house structure with cement sheet roofing belonging to the petitioner in Sy.No.1142/2 of P.Kothakota village, Puthalapattu Mandal, Chittoor District, pending disposal of the above writ petition IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to dismiss the writ petition by vacating the interim orders dated.24.03.2020 in IA No.! of 2020 in WP No.7678 of 2020 and to pass such other order or orders as are deemed Counsel for the Petitioner:

1. N BHARAT BABU Counsel for the Respondent(S):

1. DEPUTY SOLICITOR GENERAL OF INDIA

2. S S VARMA (SC FOR NHAI)

The Court made the following Order:

Heard the learned counsel for the petitioner, the learned Standing Counsel for the respondent Nos.2 & 3 and the learned Assistant Government Pleader for the