APHC010091342020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5404/2020 Between:

Chennareddy Vijay Kumar ...PETITIONER AND The Government Of India and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S):

1. S S VARMA (SC FOR NHAI)

The Court made the following:

ORDER:-

Heard Sri Siva Prasad Reddy Venati, learned counsel for the petitioner and Sri S.S.Varma, learned Standing Counsel for National Highways Authority of India appearing for the 1^st to 3^rd and 5^th respondents.

2. Challenging the action of the respondents in trying to dispossess the petitioner from his land in an extent of 17 Ankanams bearing Plot No.16 comprised in Sy.No.12/3/1B situated at Guruvindapudi Village, Manubolu Mandal, SPSR Nellore District, the present writ petition is filed.

3. It is contended by learned counsel for the petitioner that the

1^st respondent has issued notification under Section 3A of the National Highways Laws (Amendment) Act, 1997 (for short “the Act”) for acquisition of land for the purpose of widening road from 4 lanes to 6 lanes connecting from National Highway No.16 Kolkata-Chennai to Krishnapatnam Port. The petitioner’s land was notified for acquisition to an extent of 0.007 cents which is equal to 4 Ankanams out of 21.33 Ankanams of his plot. On 09.01.2019, 5^th respondent has issued notice under Section 3H(2) of the Act stating that award has been passed in respect of the subject land. It is contended that the petitioner has appeared before the authority pursuant to the notice and requested for higher rate of compensation since pursuant to the land acquisition in respect of 4 ankanams, the remaining land got damaged. While the said issue was pending the respondents have tried to interfere with the petitioner’s property and took measurements. Thus, the petitioner approached this Court by way of instant writ petition.

4. Sri S.S.Varma, learned Standing Counsel for National Highways Authority of India, argues that the petitioner’s property in 36.19 Sq.Yds was acquired pursuant to the notification under Section 3A of the National Highways Laws (Amendment) Act, 1997 and they have never interfered with the possession of the balance extent of 17 Ankanams belonging to the petitioner as averred. It is further argued that the High Way authorities never had intention of taking the land over and above the notified for acquisition.

5. In view of the foregoing the writ petition is disposed of. There shall be no order as to costs.

As a sequel, interlocutory applications, pending if any, shall stand closed.

____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:21.01.2025 ANI

467 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.5404 of 2020 Date:21.01.2025 ANI