Chunduru Bhooshana Kumari, Vs The Union of India, Rep. by its Secretary

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[3206]

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APHC010302572017

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 10487/2017

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Between:

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CHUNDURU BHOOSHANA KUMARI,, W/O. PRABHU RAJA RAO, AGED ABOUT 52 YEARS, OCC: AGRICULTURE, RIO. PORANAKI, PENAMULURU, KRISHNA DISTRICT, A.P,

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...PETITIONER

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AND

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THE UNION OF INDIA REP BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI - 110 001.

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NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G5 & 6, SECTOR-10, DWARKA, NEW DELHI - 110 075.

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THE GENERAL MANAGER ANDHRA PRADESH, NATIONAL HIGHWAYS AUTHORITY OF INDIA, G5 & 6, SECTOR-10, DWARKA, NEW DELHI - 110 075.

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THE COMPETENT AUTHORITY CONSTITUTED, U/S.3 (A) OF THE NATIONAL HIGHWAYS ACT, 1956 C/O. REVENUE DIVISIONAL OFFICER, VIJAYAWADA, KRISHNA DISTRICT;

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THE STATE OF ANDHRA PRADESH, R & B DEPARTMENT, NATIONAL HIGHWAY WING, REP. BY ITS SUPERINTENDING ENGINEER, NH CIRCLE, VIJAYAWADA.

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THE LAND ACQUISITION OFFICERCUM, REVENUE DIVISIONAL OFFICER-CUM-COMPETENT AUTHORITY U/S. 3 (A) OF THE

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RRR, J W.P.No.10487 of 2017

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NATIONAL HIGHWAYS ACT, 1956, VIJAYAWADA, KRISHNA DISTRICT;

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SRI PARAMATMANANDA ASHRAM, REP., BY ITS CHIEF SECRETARY, SRI SANKARANNANDA SWAMY, HINDU, AGED 45 YEARS, WHICH IS PART OF VYASASRAMAM, HEADED BY MALYALA SWAMY, RIO. PORANKI, PENAMALURU MANDAL, KRISHNA DISTRICT.

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BAVINENI RAVI KUMAR, S/O. LATE KARUNAKARA RAO, AGED 40 YEARS, EMPLOYEE, RIO. D. NO. 8/253, LATHA RESIDENCY, NEAR ASHOKNAGAR BUSTOP, M.G. ROAD, VIJAYAWADA.

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BAVINENI MADHURI, D/O. LATE KARUNAKARA RAO, AGED 38 YEARS, RIO. D. NO. 8/253, LATHA RESIDENCY, NEAR ASHOKNAGAR BUS STOP, M.G. ROAD, VIJAYAWADA.

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PUNUKOLLU MAYURI, W/O. SUMANTH, D/O. LATE KARUNAKARA RAO, AGED 36 YEARS, RIO. D.NO.8/253, LATHA RESIDENCY, NEAR ASHOKNAGAR BUSTOP, M.G. ROAD, VIJAYAWADA.

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...RESPONDENT(S):

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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 toto issue a Writ or order or direction, one particularly in the nature of writ of mandamus declaring the inaction of the Respondent No.6 in not referring the dispute / claim of the petitioner vide legal notice dated 27.1.2011 to the competent Principal Civil Court of original jurisdiction relating to an extent of 686.81 Sq.meters in Sy.No.462/2A which is part of item No.73 of Notification dated 19.1.2011 vide RC No.(B1) B3/1473/2007, dated 11.1.2011 situated at Poranki village, Penamaluru Mandal of Krishna District and further attempting to pay the compensation to the unofficial respondents 7 to 10 inspite of an objection raised by the petitioner as being illegal, arbitrary and violative of Fundamental Rights guaranteed under Article 14, 19, 21 and 300A of the Constitution of India and moreover against the provisions of Section 3 (H) of National Highways Act 1956 (Act 48 of 1956) and consequently to direct the 6th Respondent to refer the dispute / claim of the petitioner vide legal notice dated 27.1.2011 to the Principal Civil Court of original jurisdiction, as per the provisions of Section 3 (H) (4) of National Highways Act 1956 in the interest of justice and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

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RRR, J W.P.No.10487 of 2017

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IA NO: 1 OF 2017(WPMP 12995 OF 2017

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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 6th respondent not to pay any compensation to the respondents 7 to 10 relating to an extent of 686.81 Sq.Meters in Sy.No.462/2A which is part of item No.73 of Notification dt.19.1.2011 vide RC No.(B1) B3/1473/2007, dated 11.1.2011 situated at Poranki village, Penamaluru Mandal of Krishna District, pending disposal of the above Writ Petition

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Counsel for the Petitioner:

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1.SUDHAKARA RAO AMBATI

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Counsel for the Respondent(S):

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1.GP FOR LAND ACQUISITION (AP)

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2.AVINASH DESAI

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3.GP FOR ROADS BUILDINGS (AP)

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4.S S VARMA (SC FOR NHAI)

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5.HARINATH N (DEPUTY SOLICITOR GENERAL OF INDIA)

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6.S V INDIRA

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RRR, J

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W.P.No.10487 of 2017

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RRR, J W.P.No.10487 of 2017

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The Court made the following Order:

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The present Writ Petition arises out of a dispute as to the ownership of 686.81 sq.meters of land in Sy.No.462/2A of Poranki Village, Penamaluru Mandal, Krishna District. This land was acquired under the provisions of the National Highways Act, 1956.

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On account of the dispute between the writ petitioner herein and the respondents 7 to 10, the amount awarded, as compensation, has been deposited in the joint account of the Competent Authority. It may also be noted that the dispute had also been raised before the Civil Court, by way of O.S.No.35 of 2007, in the Court of XIV Additional District Judge, Vijayawada, Krishna District. This suit was decreed in favour of the petitioner. However, the respondents 7 to 10, being aggrieved by the said Judgment and decree, have approached this Court, by way of A.S.No.788 of 2019 and the same is pending before this Court.

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In view of the aforesaid civil litigation, it would only be appropriate that this Writ Petition is disposed of, with a direction to the respondent authorities to disburse the compensation amount, with such interest as may be permissible, to the party which succeeds in the civil litigation. Such disbursement shall take place within six (06) weeks from the date of which the certified copy of the decision of this Court is placed before the authorities. It is also directed that the compensation be deposited in an interest bearing fixed

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deposit with a nationalized scheduled Bank. There shall be no order as to costs.

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As a sequel, pending miscellaneous applications, if any, shall stand closed.

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________________________

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R. RAGHUNANDAN RAO, J