THE HON'BLE SRI JUSTICE A.V. SESHA SAI
WRIT PETITION No.12184 of 2010
Between:
1. Kolanu Ram eddy and others PETITIONERS AND
1. Government of Andhra Pradesh rep. by its Secretary (Roads & Buildings), Secretariat, Hyderabad, and others.
RESPONDENTS ORDER:
This writ petition, assails the action of the respondents in not issuing the land acquisition proceedings for widening the road i.e., National Highway No.9 between 51 & 52 kms., stone at Lakkaram Village, Choutuppal Mandal, Nalgonda District with respect to Sy.No.133 and 134 as illegal and null and void.
2. An additional counter deposed by the Project Director, National Highways Authority of India is filed. Paragraphs 5 and 6 of the said affidavit read as under.
“It is submitted that Kolanu Ram Reddy, 1st petitioner is concerned, he has given consent for sale of his property for Rs.20,576/- in favour of NHAIs property to an extent of 23 sq. yds., in Sy.No.133 situated in Lakkaram village, Choutuppal Mandal, Nalgonda District, and the same got registered in the name of the President of India on 15.04.2014 at Sub Registrar Office, Choutuppal. In respect of petitioners 2, 3 & 5 it is to submit that their lands are not getting affected. In respect of 4th petitioner, the land compensation has been released vide DD No.925264 Dt.15.01.2013 for Rs.71,568/- of SBI, Old MLA Quarters Branch, Hyderabad. As such the grievance of the petitioners were settled out of Court and the present writ petition has become infructuous and liable to be dismissed.
It is submitted that as stated above, the NHAI will not interfere with the possession of the land of the petitioners without initiating land acquisition proceedings as alleged by the petitioners in the present writ petition. Once again, it is reiterated that whenever the land is required for public purpose, NHAI will follow the due process of law and will not interfere with the possession of the land of any individual without issuing necessary notifications.”
3. In view of the above averments, this Court is of the opinion that nothing survives for adjudication in this writ petition. Accordingly, the writ petition is closed. No order as to costs. As a sequel, WPMPs, if any shall stand closed.
JUSTICE A.V. SESHA SAI.
17th April, 2014 Js.