Disposed

Jagarapu Appala Naidu v. the Union of India

Andhra Pradesh HC3 Apr 2023WP/3837/2022

Case brief

AI extract

What is this about?

Petitioners challenged the unlawful marking of their properties by project authorities for the Green National Highways Corridor Project. The court dismissed the writ petition after respondents assured they would not interfere without following due process of law.

What did the court decide?

Writ petition disposed of directing respondent authorities not to interfere with petitioners' properties except by following due process of law.

Jagarapu Appala Naidu Vs the Union of India — Land Acquisition | Andhra Pradesh HC (2023)

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o i
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA^P
(Special Original Jurisdiction)
55.

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MONDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 3837 OF 2022

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Between:

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Jagarapu Appala Naidu, S/o Late Appalaswamy, Aged 75 years? R/o D.No.2123 (3-11), R and B Road Side, Lakkidam Junction, Lakkidam (V), Gantyada Mandal, Vizianagaram District.

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Jagarapu Rama Chandramma, W/o Appala Naidu, Aged 61 years, R/o D.No.2-123 (3-11), R and B Road Side, Lakkidam Junction, Lakkidam (V), Gantyada Mandal, Vizianagaram District.

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...PETITIONER(S)

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AND

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1. The Union of India, rep by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan 1, Parliament Street, New Delhi-110001.

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The State of Andhra Pradesh, rep. by. its Principal. Secretary,_____ __________Roads andJ Buildings Department, Secretariat, Velagapudi, Guntur D ist.ist

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The National Highways Authority of India, rep by its Chairman, G 5 and 6, Sector-10, Dwiarka, New Delhi-1 io 075 ' " ’’ ’

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The Project Director, Green National Highways Corridor Project, (GNHCP), Aaraku, Vishakapatnam District.

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5. The District Collector, Vizianagaram, Vizianagaram Dist. 6. The Revenue Divisional Officer, Vizianagaram. 7. The Mandal Revenue Officer, Gantayada Mandal, Vizianagaram Dist. 8. The Superintendent Engineer, R and B Department, Vizianagaram. .

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...RESPONDENTS

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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 a writ, order or direction more particularly one in the nature of Writ of Maridamuis declaring the action of the Respondent authorities and their officials in interfering with the peaceful possession and enjoyment of the Petitioners properties bearing D.No.7-2-294, 295, 296, 297, 298, 299 and 300, located at Lakkidam Junction, Kottarubill’i Gram Panchayat, Gantyada Mandal, Vizianagaram District, as a part of the Bowdara-Vizianagaram green highway project without following the due procedure of law as arbitrary, illegal, high-handed, violative.of the principles of Natural Justice and violative of the Articles 21 and 300-A of the Constitution of India and to consequently direct the Respondent authorities and their officers to not interfere with the peaceful possession

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> •

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and enjoyment of the Petitioners properties in D.No.7-2-294, 295, 296, 297 298, 299 & 300, located at Lakkidam Junction, Kottarubilli Gram Panchayat, Gantyada Mandal, Vizianagaram District, without following due process of law.

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lA NO: 1 OF 2022

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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 direct the Respondent authorities and their officers not to interfere with the Petitioners peaceful, possession and enjoyment of their properties in D.No.7-2-294, 295, 296, 297, 298, 299 and 300, located at Lakkidam Junction, Kottarubilli Gram Panchayat, Gantyada Mandal, Vizianagaram District, pending disposal of the above writ petition.

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lA NO: 2 OF 2022

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C ■

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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 vacate the interim order granted on 25.04.2022 in W.P.No.3837 of 2022 and dismiss the writ petition.

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Counsel for the Petitioner: SRI. G. SAI NARAYANA RAO Counsel for the Respondent 1: SRI N. HARINATH, DEPUTY SOLICITOR GENERAL

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Counsel for the Respondents 2&8: GP FOR ROADS & BUILDINGS

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Counsel for the Respondents 5,6&7: GP FOR REVENUE

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Counsel for the Respondents 3&4: SRI A. LAXMINARAYANA, SC FOR NATIONAL HIGHWAYS

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The Court made the following: ORDER

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y -f.

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1 ! i i I

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.3837 of 2022

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ORDER:

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The present Writ Petition came, to be filed under Article 226 of

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the Constitution of India seeking the following relief:-

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“...to issue a Writ, Order or Direction, more particularly one in the nature of Writ ofMandamus declaring the action of the respondent authorities and their officials in interfering with located at Lakkidam Junction, KottarubUli Gram Panchayat. Gantyada Mandal, Vizianagaram District, as a part of the Bowdara-Vizianagaram green highway project without folloiMng the due procedure of law as arbitrary, illegal, hiqhhanded, vwlative of the princples of Natural Justice and molative of the Articles 2fand 300-A of the Constitution of J direct the respondent authorities and their officers not to interfere. with the peaceful possession and enjoyment, of.the petitioners properties in * 300, located at KottarubUli Gram Panchayat, Gantyada Mandal, Vizianagaram District, without following due process of law and to pass such other order or further orders...” •'

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The brief facts of the case are that, the petitioners are the owners of the properly in Door Nos.7-2-294, 295, 296, 297, 298, 299 & 300 situated at Ldkkidam Junction, Kottarubilli Village, Gantyada Mandal, Vizianagaram District, which are on the road point and the petitioners have let out the same for shop rooms and commercial establishment and also having a residential house, having purchased the same in the year 1982.

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While so, the Union Goyeriiment through the Ministry of Road Transport and Highways; has started the National Green Highways Mission with an objective to develop a systematic framework for integrated green corridor development along with NHs and building resilient eposystems in the form of green corridors for combating climate change effects. As part of it. Ministry of Road Transport and Highways has proposed to develop National Highway 516E, an inter-state highway located in the State of Andhra Pradesh, which connects Bharatmala ■ ■ ■ ■■ ■ Corridor viz NH-16 at Rajamundry and NH-26 at Vizianagaram respectively. The said project road starts from Rajamundry and connects the habitations .of Rampachodavaram-KoyyuruPaderu-Araku-Bhalluguda-Bowdara-Vizianagaram.

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The grievance of the petitioners is that, their properties fall under the Bowdara to Vizianagaram stretch at Gantayada Mandal, Kuttarbilli Gram Panchayat at Lakkidam Junction and the respondent authorities are trying to make markings on their properties without therebeing any notification and without following due process of law. Hence, the writ petition.

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5. While ordering notice before admission, on 25.04.2022, . s this Court passed the following, order:

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“...In the meanwhile, the respondents shall not dispossess the petitioners from their properties in D.Nos. 7-2-294, 295, 296, 297, 298, 299 and 300 situated at Lakkidam Juction, Kottarubilli Gram Panchayat', Gantyada Mandal, Vizianagaram District, without'following due process of law”, . 6. At the time of hearing, learned Standing Counsel, on oral instructions, has stated that they have not touched the petitioners’ properties and they will follow the due process of law, if at all, the petitioners’ properties are required for the said project road.

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In view of the same, the writ petition is disposed of directing the respondent authorities not to interfere with the petitioners’ properties i.e. D.Nos.7-2-294, 295, 296, 297, 298, 299 and 300 situated at Lakkidam Juction, Kottarubilli Gram Panchayat, Gantyada Mandal, Vizianagaram District, except by following due process of law. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ

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Petition shall stand closed.

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SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR

//TRUE COPY//

_ To,

SECTION OFFICER

The Secretary, Ministry of Road Transport and Highways, Union of India Transport Bhavan 1, Parliament Street, New Delhi-110001.

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The Principal Secretary, Roads and Buildings Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur Dist.

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3. The National Highways Authority of India, rep by its Chairman G 5 and 6 Sector-10, Dwarka, New Delhi-110 075

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4. The Project Director, Green National Highways Corridor Project, (GNHCP) Aaraku. Vishakapatnam District.

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5' I!]® Collector, Viaanagaram, Vizianagaram Dist. 6. TheThe ■MandalRevenuea . . _RevenueDivisionalOfficer,Officer,GantayadaVizianagaram.Mandal, Vizianagaram Dist. 8. The Superintendent Engineer, R & B Department, Vizianagaram. 9. One CC to Sri. G. Sai Narayana Rao Advocate [OPUC] 10. One CC to Sri. . N. Harinath, Deputy Solicitor General J [OPUC] 11. TwoCCsto r*GP”for ' Roads & Buildings,■ High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 1 3.3. O nene CC ' to Sri. A. fi<. ILaxminarayana, ’ ‘ SC-----for National Highways [OPUC] 14.TW0 CD Copies Sdkr

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HIGH COURT

DATED:03/04/2023 ,1

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ORDER

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WP.No.3837 of 2022

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IT’ Ctsfie,^

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a: 2 3 SEP 1
^JIESPKlO^^

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DISPOSING THE WP WITHOUT COSTS

Jagarapu Appala Naidu v. the Union of India

Case brief

What is this about?

What did the court decide?

Jagarapu Appala Naidu v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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