Madupu Srinivas vs. The Government Of Andhra Pradesh Rep. By Its Secretary

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble A Ramalingeswara Rao
Case Status:Withdrawn
Order Date:4 Apr 2024
CNR:APHC010008352014

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Order Issued After Hearing

Purpose:

Disposed

Listed On:

25 Dec 2017

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Order Text

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: W.P.No.31926 of 2018

PROCEEDING SHEET

Sl.
NoDATE<br>04.04.2024ORDERREMARKS
GN, J
1.<br>Learned<br>Assistant<br>Government
Pleader,<br>appearing<br>on<br>behalf<br>of<br>the
respondent No.3,<br>placed before this Court a
copy of the letter dated 26.07.2021. On
perusal of the said letter, It is apparent that
the<br>beneficiary<br>namely<br>the<br>National
Highways<br>authority<br>of<br>India,<br>which<br>is
implementing<br>project<br>of<br>formation<br>of
national highways<br>including road and rail
over bridge has indicated that on account of
re-alignment, certain extents of lands,<br>which
were previously notified,<br>are not required
and that the required lands lie in Nagapatla
Village.
2.<br>Paragraph Nos.4 to 6 of the letter
reads as under:
"4. During the site inspection by the Regional<br>Officer, NHAI, Vijayawada on 27.09.2020, it was<br>proposed to change the alignment from Km 88+300<br>(i.e. near Nagapatla Village)to the endpoint at Km<br>97+280 of old alignment (i.e. S.V. Zoo Park). As per<br>the revised proposal the alignment will deviate<br>from<br>Km<br>88+300<br>and<br>passes<br>through<br>Ramireddipalle, Nagapatla, Mittapalem and Kallur<br>cross villages and merges with end pint of NH-205<br>near Kallur village (Km95-707 as per la alignment).
5. It is to submit that in view of the change of<br>alignment, the area under Pudipatla, Cherlopalli<br>and Mittapalem villages and some area under<br>Nagapatla village which were previously notified
are<br>now<br>not<br>falling<br>in<br>the<br>new<br>alignment.<br>Therefore, awards for Pudipatla, Cherlopalli and<br>Mittapalem Villages are not required and requested<br>to withdraw the same. As regards Nagapatla<br>village, a fresh award may please be issued based<br>on the new alignment (i.e. where the alignment<br>changed to avoid forest lands and by merging the<br>alignment in the existing road near KMM college by<br>connecting the existing road to newly constructed<br>R & B (NH) road & ROB).
6. In the light of the above, Joint Collector-II &<br>CALA is requested to furnish the supplementary<br>proceedings for the revised interest calculation on<br>basic market value for both main and additional<br>awards for the villages as mentioned in para-5<br>above per the revised alignment. It is further<br>requested to furnish 3A particulars for the changed<br>alignment as mentioned in para-4 above in the<br>portion of Nagapatla, Mittapalem, Ramireddipalle<br>& Kallur cross villages for taking necessary action<br>in this regard."
3.<br>The communication is not Pattadar
specific or Survey number specific. It would
be<br>more<br>appropriate<br>if<br>the<br>respondents
including the NHAI and 3rd<br>respondent are
able to furnish details to the Court as to the
Survey<br>number<br>and<br>the<br>extent<br>in<br>each
Survey number that is required for formation
of<br>the<br>highway,<br>etc.,<br>and<br>the<br>Survey
numbers and extents which are not required
for the purpose of the<br>projects undertaken.
4.<br>The details<br>shall be placed before the
Court by the next date of hearing.
5.<br>List the matter on 18.04.2024.
6.<br>It is made clear that liberty is granted
to the respondents to also communicate this
decision to the petitioners.
_________<br>GN, J
PKR