Dismissed

Sunrise Meadows Ventures Pvt. Ltd., v. the State of Andhra Pradesh

Andhra Pradesh HC20 Feb 2023WP/4031/2023

Case brief

AI extract

What is this about?

In W.P. No. 4031 of 2023, regarding land acquisition compensation where the award treated land as agriculture rather than residential, the court held statutory appeal under Section 3-D of the National Highways Act was the remedy and disposed of the writ.

What did the court decide?

Petitioner directed to file statutory appeal under Section 3-D of National Highways Act within three weeks. No order as to costs.

Sunrise Meadows Ventures Pvt. Ltd., Vs the State of… — Land Acquisition | Andhra Pradesh HC (2023)

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IN THE HIGH CO^URT OFJkNDHRA PRADESH :: AMARAVATPW^^^^^ (Special Original Jurisdiction) MONDAY. THE TWENTIETH DAY OF FEBRUARY ...... RCfJJj TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 4031 OF 2023

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Between:

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...PETITIONER

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AND

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Department of Revenue,

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’ B"-—

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viSkhSShaS^’ Ernest While*

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" SeCn of Raipur-

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...RESPONDENTS

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compensation amount in square yard basis"i.e Rs.5 500/ylT

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lA NO: 1 OF 2023

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in tha «? Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be oleased to Slt’lbW* compensahon arnount V square yard nnXic P®*" ®^^3re yard to petitioners and not to meddle with the hl? cor^nX^r^ enjoyment of the said property of the petitioners in any respect dAnncTh yard basis i.e Rs.5,500/- per square yard is deposited in the petitioners account;- pending disposal of the above writ pehtion.

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Counsel for the Petitioner: SRI. SABBAVARAPU SATISH BABU

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Counsel for the Respondents 1.2 & 4 : GP FOR LAND ACQUISITION

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GEnXl OHNDw’”""®" "ARINATH n. deputy solicitor*

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SCTOR NHa!” ''°® = SRI LAXMINARAYANA REDDY ALISETHY.

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION No.4031 of 2023

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Sunrise Meadows Ventures Pvt Ltd Represented by its Director, Mowa Chandra Sekhar, S/o Late Ramachandra Rao, Hindu, aged about 57 years, R/o D.No.9-19-43, Flat No.202, Suryadev Apartment , CBM Compound, Visakhapatnam.

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Petitioner

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Versus

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The State of Andhra Pradesh rep. by its Principal . Secretary, Revenue Department, Land Acquisition, Secretariat, Velagapudi, Amaravathi, A.P. and 4 others.

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....Respondents

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ORDER;

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Heard the learned counsel for the petitioner and the learned Government Pleader for land acquisition and Sri Laxminarayana Alisethy the learned standing counsel for the . respondent.

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The grievance of the Writ Petitioner is that the 2nd respondent deposited the compensation amount for the acquired land by treating it as an agriculture land in Survey NO.56-13A2, 62-13A2, 62-lBl, 62-2B1, 62-4A2, 62-5A2, 626A2, 62-7A2, 62-lOBl, 62-12B1, 62-13B1, 62-17B1, 62r

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20B1 for an extent of Ac. 1773 Sq. Mts., situated Sabbavaram Village and Mandal, Anakapalli District. The subject land was acquired by the respondents without considering the representation of the petitioner dated 05.12.2022.

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The grievance of the Writ Petitioners is that the respondent authorities ought to have fixed the compensation per square yard @ Rs.5,500/- instead of that an award was passed treating them as agriculture land, In similar circumstances some other petitione: Ts filed W.P.No.24708 of 2022 on the f^e of this Honhle Court and the same was allowed directing the 2«<i respondent to consider their application.

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On the other hand, the Learned Standing Counsel and as well as the Learned Government Pleader for Land Acquisition submit that the petitioner has got a remedy of alternative appeal before the 4<h respondent under Section 3- D of the National Highways Act against the award passed by the 2nd respondent.

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5. In view of the above said facts and circumstances, the petitioner is directed to prefer the statutory appeal before the

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h • i;

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, appropriate authority as expeditiously as possible strictly in accordance with law within a period of three (03) weeks from the date of receipt of copy of this order.

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Accordingly, the writ petition is disposed off. There shall be no order as to costs.

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As a sequel, Miscellaneous Petitions pending, if any,

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g ?as i ?

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//TRUE COPY//

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S/d- M. PADMALATHA ASSISTANT REGISTRAR

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SECTION OFFICER

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’*1. The Principal secretary, Department of Revenu^ State of Andhra Pradesh. Land Acquisition, Secretariat, Velagapudi, Amarayath Acquisition

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s^-«n°d:»X5“pS

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3 Tte Soretary, Minister of Roads, Transport and Highways.Union of Iridia,

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4. ?^e%riarCoSor Office. Anakapalii District, Ernest Vyhiie

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5 TtePmjS’Dtector, NHAI, NH-16 (Kurud-Ondarangi Section of Raipur-

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6 Sn’:c&T’feAB^A» i. Two CCs to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh.

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8. SlfcC to SRI HARINATH N, DEPUTY SOLICn-ORGENE^iraP^ 9 One CC to SRI LAKSHMINARAYANA REDDY ALISETHY, SC FOR NnAl ■ '{OPUCl

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10.Two CD Copies MSR Sdkr

HIGH COURT

h M*

?. '1 bATED:20/02/2023

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ORDER

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OF
21 AUG 2023 '

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WP.No.4031 of 2023

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DISPOSING OF WP WITHOUT COSTS

Sunrise Meadows Ventures Pvt. Ltd., v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sunrise Meadows Ventures Pvt. Ltd., v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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