Extracted from the PDF above. The PDF is authoritative.
APHC010068762020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 4093/2020 Between: P.vajravelu Setty ...PETITIONER AND The Competent Authority La and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. G SEENA KUMAR Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
2. GP FOR LAND ACQUISITION (AP)
3. Y BALAJI
ORDER:-
1. The petitioner claims that he is the absolute owner and possessor of land admeasuring an extent of Ac.0.04 cents in Sy.No.179/4B/2 of Mornapalli, Totakanuma Village, V.Kota Mandal, Chittoor District.
2. It is his further case that out of the total extent of Ac.0.04 cents, he has constructed residential house in an extent of Ac.0.02 cents and remaining an extent of Ac.0.02 cents was kept vacant. It is further case of the petitioner that the 2nd respondent issued notification dated 29.01.2018 to acquire land admeasuring an extent of Ac.0.02 cents belonging to the petitioner, which was kept vacant, for the purpose of formation of NH-75 Mangalore-Thiruvannamalai. The respondents after following the procedure contemplated under the National Highways Act, 1956, passed an award on 10.06.2018 and also paid compensation to the petitioner in respect of the said land.
3. It is further case of the petitioner that though remaining extent of Ac.0.02 cents on which house is constructed by him is not the subject matter of the acquisition proceedings, the 4th respondent tried to interfere with his possession over the said extent and threatened the petitioner that the house will be demolished in as much as it is required for formation of NH-75 National Highway. Questioning the said action, the present writ petition came to be filed.
4. The 1st respondent filed counter affidavit stating that the subject property of the petitioner including the house is not proposed for acquisition and therefore the question of
interference with the petitioner’s possession and demolishing the subject house does not arise. It is also further averred in the counter affidavit that the alleged representations dated 18.12.2019 and 23.12.2019 said to have been made by the petitioner not found in the office files.
5. In view of the categorical assertion made by the 1st respondent in the counter affidavit that the subject house of the writ petitioner was not proposed for acquisition, the present writ petition is disposed of directing the respondents not to interfere with the house property of the petitioner existing in an extent of Ac.0.02 cents in Sy.No.179/4B/2 of Mornapalli, Totakanuma Village, V.Kota Mandal, Chittoor District.
6. With the above observation, the Writ Petition is
disposed of. There shall be no order as to costs.
As a sequel, pending applications, if any, shall stand closed.
_____________________ JUSTICE T.C.D.SEKHAR
Dt.01.04.2025 JLV
17 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR
W.P.No.4093 of 2020 Date: 01.04.2025
JLV