APHC010270492018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.12092 OF 2018 Between:

Vemu Institute of Technology, P.Kothakota, Puthalapattu Mandal, Chittoor District rep., by its Chairman, K.Chandrasekhar Naidu, S/o.Late P.Vengama Naidu, Aged about 65 years, R/o.D.No.15–89/1, New Colony, Pakala, Chittoor District.

...Petitioner AND

1. The Government of India rep., by its Ministry of Road Transport and Highways, New Delhi, and others.

...Respondents Counsel for the Petitioner : M/s.S.Parineeta Counsel for the Respondents: G.P. for Land Acquisition Mr.K.Naveen Kumar Reddy M.V. Kini Co., Advocates Solicitors The Court made the following ORDER:

The present writ petition is filed seeking the following relief:

“… to declare the Notification in S.O.3929(E), dated 02-01-2018 under Section 3A of the National High Ways Act, 1956, Proceedings in Roc.G2/3556/2016, dated 09-02-2018 under Section 3(C)(2), consequential declaration in Government of India Gazette in S.O.No.1059(E) Extraordinary No.941, dated 09-03-2018 under Section 3D(2) and the Public Notice in Roc.No.NHAI/G1/1088/2012(1), dated - 03-2018 under Section 3(G)(3) & (4) of the National Highways Act, 1956 issued by the respondent No.3 for acquisition the land in an extant of Ac.355.3 Sq.Mts in Sy.No1020/2 and 800.8 Sq. Mts in Sy.No.1023/23 of P.Kothakota Village fields, Puthalapattu Mandal, Chittoor District, belong to the Petitioner, for the purpose of expansion of the Kukkalapalli- Mallavaram Section, NH -140 (6 Lanes), without giving an opportunity of personal hearing and without considering the objections submitted by the petitioner as is contemplated under Section 3(C)(2) of the National Highways Act, 1956 as arbitrary, illegal, quite contrary to the mandatory procedure envisaged under the provisions of the National Highways Act, 1956 and contrary to the well established legal principles apart from being and voilative of the fundamental and Constitutional Rights guaranteed to the Petitioner under Articles 14, 19, 21 & 300-A of Constitution of India and consequently set-aside the same in respect of the land in an extant of Ac.355.3 Sq.Mts in Sy.No1020/2 and 800.8 Sq.Mts in Sy.No.1023/23 of P.Kothakota Village fields, Puthalapattu Mandal, Chittoor District, belong to the Petitioner and pass such other order or orders as are deemed fit and proper in the circumstances of the case.”

2. Heard Mr.A.Manjunatha Raju, learned counsel appearing on behalf of the petitioner. Also heard Mr.K.Arjun Chowdary, learned Assistant Government Pleader representing respondent No.3.

3. As seen from the relief sought for in the writ petition and the submissions made by the learned counsel, the petitioner’s grievance is with regard to acquisition of land of an extent of 355.3 Sq.Mts in Sy.No1020/2 and 800.8 Sq.Mts in Sy.No.1023/23 of P.Kothakota Village fields, Puthalapattu Mandal for the expansion of Kukkalapatti–Mallavaram Section, NH–140 (6 lanes). The petitioner is seeking to declare the action initiated by the respondents for acquisition of the said land under the provisions of the National Highways Act as illegal. The main contention advanced is that the respondent No.3, vide Proceedings dated 09.2.2018 rejected the objections raised by the petitioner without considering the same in a proper perspective by giving an opportunity of personal hearing, that the same is contrary to the procedure envisaged under Section 3(C)(2) of the said Act. The learned counsel submits that the said Proceedings were communicated only one day prior to the issuance of Notification under Section 3(G)(3) & (4) of the Act. He submits that pursuant to the publication of Notification under Section 3(A)(1) of the Act, the petitioner submitted objections dated 19.1.2018 and 07.3.2018, inter alia stating that in view of the sharp curve in between P–Kothakota and th