A writ petition challenging land acquisition for NH-16 without following Land Acquisition Act, 2013 procedures was dismissed as withdrawn by the High Court of Andhra Pradesh on 19.03.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 16586 OF 2021
Between:
Sri Panchada Krishna, S/o. late P. Appalanaidu, Hindu, aged 45 years Agriculturist, native and resident of House No.9-109, Chinnayyapalem, Sabbavaram Mandalam, Visakhapatnam District - 531035, State of Andhra Pradesh.
...PETITIONER
AND
...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 order/direction or any appropriate writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering and acquiring the land of the petitioner for the purpose of NH-16 Highway Road without following the due procedure contemplated under the provision of Land Acquisition Act, 2013 in respect of the petitioner's land measuring an extent of Ac.0.11 cents or 405 square meters covered in Survey No.80/1 situated at Chinnayyapalem Village, Sabbavaram Mandal and Panchayat, Visakhapatnam District, which is shown in Exhibit P-4 Paper publication vide R.C. No. 114/2016/SA, dated 04-11-2017 and peaceful possession and enjoyment of the same, as arbitrary, illegal, unjust and colorable exercise and misuse of powers and consequently direct the respondents not to disposes and interfere with the petitioner's land Measuring an extent of Ac.0.11 cents or 405 square meters covered in Survey No.80/1 situated at Chinnayyapalem Village, Sabbavaram Mandal and Panchayat, Visakhapatnam District without following the due procedure contemplated under Land Acquisition Act, 2013
r
unless and until the entire compensation-amount of Rs.31,12.907/- (Rupees thirty one lakhs twelve thousand nine hundred and seven only) is paid to the petitioner.
lA NO: 1 OF 2021
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 respondents not to interfere and disposes the petitioner from the land measuring an extent of Ac.0.11 cents or 405 square meters covered in Survey No.80/1 situated at Chinnayyapalem, Sabbavaram Village and Mandalam, Visakhapatnam District, as per the Exhibit P-4 Paper publication vide R.C. No. 114/2016/ SA, dated 30-102017, and peaceful possession and enjoyment of the same pending disposal of this Writ petition.
Counsel for the Petitloner(s): SRI. M KESAVA RAO
Counsel for the Respondent No.1 : DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2 : SRI MUDUNURI ANAND KUMAR, SC FOR NHAI
Counsel for the Respondent No.3 : GP FOR LAND ACQUISITION
Counsel for the Respondents 4 to 6 : GP FOR REVENUE
Counsel for the Respondent No.7 : GP FOR HOME
The Court made the following: ORDER
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APHC010277352021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3233]
(Special Original Jurisdiction)
TUESDAY .THE NINETEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 16586/2021
Between:
Sri Panchada Krishna
...PETITIONER
AND
The Union Of India and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.M KESAVARAO
Counsel for the Respondent(S):
2.MUDUNURI ANAND KUMAR (SC-NHAI)
3.GP FOR LAND ACQUISITION
The Court made the following Order:
The learned counsel for the petitioner seeks permissionofthis Court to withdraw the writ petition, for which, headdressedaletter dated 13.03.2024 to the Registrar (Judicial).
2
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- Accordingly, the Writ Petition is dismissed as withdrawn. Interim order, if any, deemed to have been vacated. There shall be no order as to costs.
As a sequel. Miscellaneous Petitions pending, if any, shall stand closed.
REGISTRAR
//TRUE COPY//
CC-
SECTION OFFICER
To
Madhu
HIGH COURT
DATED:19/03/2024
ORDER
WP.No.16586 of 2021
DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS
Sri Panchada Krishna
The Union of India
The Project Director, National Highway Authority of India
B KRISHNA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
