Public interest litigant challenged constitutionality of certain sections of National Highways Act and RFLARR Act. Court found no personal injury or locus standi as petitioner's land was unaffected. Disposed of petition.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
IVONDAY, THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTIGE ABHINAND KUMAR SHAVILI
Between:
WRIT PETITION( PIL) NO: 5 OF 2022
Raghav Tanaji, S/o. T. Rameshwar, Aged about 34 years, Occupation: Law Student, R/o. H.No.6-1-320, Khairthabad, Hyderabad - 500004.
...PETITIONER
AND
Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass appropriate orders in the interest of justice and in particular pass the order in nature of Writ of ltrlandamus and Declaration, and
lA NO: 1 OF 2022
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 stay the operation of sub-section (5) and sub-section (6) of Section 3-G of National Highways Act, 1956 and sub-section (1 ) of Section 105 read with Fourth Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in so far as it excludes National Highways Act, 1956 from its ambit.
Counsel for the Petitioner: SRl. BAGLEKAR AKASH KUMAR
Counsel forthe Respondents: SRI NAMAVARAPU RAJESHWARA RAO, ASSISTANT SOLICITOR GENERAL
The Court made the following: ORDER
THE HON'BLE'fHE CHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
w.P(PILI.No.5 of 2022
ORDER, fp* rr.. a. n'bte tte chief Jusne sdnsh chandtu shar/.a)
The petitioner before this Court has filed this writ petition (public interest litigation) to declare Sub-sections (5) and (6) of Section 3G of the National Highways Act, 1956 as well as Subsection (1) of Section 105 read with Fourth Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20 i 3 as ultra uires.
This Court has categorically asked the learned counsel for the petitioner as to how the petitioner is aggrieved in the matter. The petitioner is a law student and his land has not been acquired nor is going to be acquired at all nor does he hail from the locality in respect of which land acquisition proceedings are taking place for the purpose of widening of the road.
' Therefore, this Court is of the considered opinion that since no case for interference is made out in the matter, the present writ petition (public interest litigation) stands disposed of with a liberty to the person aggrieved to approach this Court, in case need so arises in future.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs,
\
SD/.K.SREERAMA MURTHY ASSISTANT REGISTRAR //TRUE COPY/I (1)
SECTION OFFICER
To,
.
HIGH COURT
DATED:1710112022
ORDER
W.P.(PlL).No.S ot 2022
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DrsPosrNG oF THE W.P.(PrL) WITHOUT COSTS (40{* y 6'""
Raghav Tanaji
Union of India
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
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