Dismissed

Davuluri Satya Sri W/o Satyavenkataramana Murthy v. National High Way authorities of India New Delhi

Telangana HC16 Nov 2017WP/14019/2015

Case brief

AI extract

What is this about?

This single-judge Writ Petition challenged the validity of a land acquisition notification for extending National Highway 216, alleging illegality under the National Highways Act, 1956 due to non-inclusion and non-consideration of objections. The Court held the contention untenable and dismissed the petition.

What did the court decide?

Writ Petition dismissed. No order as to costs. Pending miscellaneous petitions dismissed.

Davuluri Satya Sri W/o Satyavenkataramana Murthy Vs… — Land Acquisition | Telangana HC (2017)

¶1

THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY

¶2

W.P.No.14019 of 2015

¶3

ORDER

¶4

Heard learned counsel for petitioner, learned Standing Counsel for NHAI for respondent No.1, learned Government Pleader for Land Acquisition for R2 and R4 and learned Government Pleader for Roads and Buildings for R3.

¶5

This writ petition is filed challenging the notification dated 16.09.2014, which was published on 30.09.2014, issued by the 1^st respondent for acquiring the property of petitioner to an extent of 225 Sq. yards in Sy.No.151/2 situated at Nadakuduru Karapa Mandal, Kakinada, East Godavari.

¶6

The first respondent issued notification dated 16.09.2014, which was published on 30.09.2014, for extension of N.H.214 (New N.H.216) from Kathipudi to Lachipalem. In the said notification, the petitioner’s property was included for acquisition. Though the petitioner raised objections to the said notification on 13.10.2014, the 4^th respondent, without considering the same, issued paper publication for acquiring the lands.

¶7

The main contention of learned counsel for petitioner is that though N.H.No.216 is notified, the entire proceedings for acquiring the lands under National Highways Act, 1956 (for short ‘the Act’), are illegal as the said National Highway does not come under the Act as per the information furnished to the petitioner under Right to Information Act.

¶8

ARR, J W.P.No.14019 of 2015

¶9

¶10

Learned Standing Counsel for NHAI, by referring to schedule under Section 2 of the Act, says that N.H.216, corresponds to old N.H.214 and N.H.214 A, is notified at Sl.No.53 and declared as National Highway under the Act. The same is not disputed by the learned counsel for petitioner. In the counter also, the same has been asserted, but no reply is filed by petitioner disputing the same.

¶11

As per the Schedule under Section 2 of the Act, N.H.216 (old NH 214 and 214A), the highway starts from its junction with NH-16 near Kathipudi connecting Kakinada, Machilipatnam and terminating at its junction with NH-16 near Ongole in the State of Andhra Pradesh, and hence the Act is applicable for the development.

¶12

In view of the above, the contention of petitioner is not tenable and as such, there is no merit in the writ petition and the same is accordingly dismissed. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.

¶13

_______________________ A. RAJASHEKER REDDY, J

¶14

16^th November, 2017

¶15

Davuluri Satya Sri W/o Satyavenkataramana Murthy v. National High Way authorities of India New Delhi

Case brief

What is this about?

What did the court decide?

Davuluri Satya Sri W/o Satyavenkataramana Murthy v. National High Way authorities of India New Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Datla Viswanadharaju, W.G.Dist and Another Vs Grama Panchayat, W.G.Dist and Another

M. Ashok, Vs The State of Andhra Pradesh, rep.by its Principal Secretary

C.Diwakar Reddy S/o C.Pratap Reddy, Vs The State of Telangana, Rep by its Principal Secretary

Davuluri Satya Sri Vs Union of India Rep by General Manager (Ap) N H.A I

Vengala Kanakaiah Vs The State of Telangana

Sri G. Gnaneshwar, Vs The State of Telangana