IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

WEDNESDAY, THE NINTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 9270 OF 2020

Between:

• 1. K V V Satyanarayana Murthy, S/o. Raja Rao, aged about 63 years, Occ: Agriculture, R/o H.No.4-58, Pasarlapudi Village, Mamidikuduru, East Godavari District.
• 2. Gundabathula Govindarao, S/o. Padmanabham, aged about 62 years, Occ:Agriculture, R/o.H.No.4-129, Pasarlapudi Village, Mamidikuduru, East Godavari District

Petitioners

AND

• 1. The Union of India, Rep. by its Secretary, Roads and Transport, New Delhi.
• 2. The Project Director, National Highway 216, Project Implementing Unit Address. 16/365, Opp. Ratnam High School, Machavaram, Machilipatnam, Krishna District, Andhra Pradesh.
• 3. The Competent Authority and Additional Joint Collector,, East Godavari District at Kakinada.

Respondents

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 to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd respondent in issuing Notification No.216 (LA) / 41/219 dt.03-03-2020 with regard to the National Highway-216 published on 05-03-2020 in Sakshi Telugu Daily without following due process of law as arbitrary, illegal and contrary to law and consequently direct the respondents to initiate procedure in acquiring the land of the petitioners by following the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 2013

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 to stay all further proceedings in the Notification No.216 (LA) / 41/219 dt.03-03-2020 with regard to the National Highway-216 published on 05-03-2020 in Sakshi Telugu Daily issued by the 3rd respondent, pending disposal of WP 9270 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI K SAI KRISHNA MOHAN RAO Advocate for the Petitioners, and of GP FOR REVENUE for Respondent NO.3 and of SRI S.S.VARMA for Respondent No.2, for the Respondents, the Court made the following.

ORDER:

"Heard the learned counsel for the petitioners -and the learned Assistant Government Pleader for Revenue representing respondent No.3 and Mr. S.S.Varma for respondent No.2.

The grievance of the petitioners in the present writ petition is that the respondents without adhering to due process of law and following the provisions of Land Acquisition Act, 2013, issued notification dated 03.03.2020.

Learned counsel for the petitioners submits that the 3rd respondent issued notification under Section 3(g)(3) of National Highways Act, 1956 and in that regard no notices have been issued to the petitioners after publication of the said He contends that no survey has been conducted by the 3rd notification. respondent and without the knowledge of the local revenue authorities, respondent No.3 has taken the data from the revenue records of the village and notified the land. Learned counsel further submits that the 3rd respondent and

the other authorities without paying the compensation for the petitioners' land, are trying to dispossess the petitioners from their land.

Assistant Government Pleader for Land Acquisition, on Learned instructions, submits that no action is being taken to dispossess the petitioners from the subject land without paying the compensation. He further submits that as per his instructions a notice dated 03.03.2020 fixing the date of hearing on 28.03.2020 was issued and in view of the lockdown another notice dated 01.05.2020 has been issued calling for submission of objections between 01.05.2020 to 16.05.2020. He also states that on 18.05.2020 an Award has been passed. However, learned counsel for the petitioners states that no copy of the Award has been served on the petitioners.

The matter requires to be examined after filing counter-affidavits.

List the matter after two (2) weeks.

In the meanwhile counter-affidavits of respects respondents shall be filed."

Sd/- R. KARTHIKEYAN ASSISTANT REGISTRAR

For ASSISTANT REGISTRAR

IITRUE COPYII

To,

• 1. The Union of India, Rep. by its Secretary, Roads and Transport, New Delhi.
• 2. The Project Director, National Highway 216, Project Implementing Unit Address. 16/365, Opp. Ratnam High School, Machavaram, Machilipatnam, Krishna District, Andhra Pradesh.
• 3. The Competent Authority and Additional Joint Collector, East Godavari District at Kakinada. (Addresses 1 to 3 by RPAD)
• 4. One CC to SRI K SAI KRISHNA MOHAN RAO Advocate [OPUC]
• 5. One spare copy

HIGH COURT

NJSJ

DATED:09/09/2020

LIST AFTER TWO WEEKS

WP.No.9270 of 2020

ORDER

DIRECTION