HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.37201 of 2014 Date: 03.12.2014 Between :
Vignan Educational Foundation, rep.by its Managing Trustee, Sri Katuri Subba Rao s/o. China Veeraiah, R/o. No.22 Hosur road,Bangalore, by his authorized Agent P.Nagaraju s/o. P.Shivaram Prasad, Aged 38 yrs., Administrative Officer, Katuri Medical College & Hospital, Katuri Nagar, China Kondrupadu, Guntur District.
….. Petitioner And The Union of India, rep.by its Deputy Secretary, Ministry of Shipping, Roads, Transport and Highways, (Department of Roads, Transport and Highways) Central Secretariat, New Delhi and two others.
.... Respondents This Court made the following:-
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.37201 of 2014 ORDER:
This writ petition is filed questioning the notice issued under Sections 3E(1) and 3H(2) of the National Highways Act, 1956 (for short, ‘the Act’), dated 12.11.2014. By the said notice, petitioner was asked to appear before the competent authority on 01.12.2014 with relevant material to support the claim of ownership to receive the amount of compensation mentioned in the said notice. Petitioner was also requested to handover possession of the property mentioned in the notice. In similar manner, three notices were issued on the same day covering three different extents of properties standing in three different survey numbers belonging to the petitioner.
2. As seen from the notices issued, an award was passed on 26.04.2014 in accordance with the National Highways Act acquiring the properties belonging to the petitioner. These awards have become final as no challenge is made. The notices impugned in this writ petition are as a consequence to passing of the awards. After awards are passed, in accordance with provision contained in Section 3E of the Act, power is vested in Central Government to take possession of the property acquired. In accordance with the provision contained in Section 3H of Act, the competent authority is entitled to pay compensation to the person, who is entitled to receive compensation. Thus, notices impugned in this writ petition are in accordance with said provisions.
3. When the awards have become final and in accordance with the award compensation determined was as per the provision contained in Section 3E, the notices dated 12.11.2014 were validly issued by the Central Government directing petitioner to hand over possession. Furthermore, petitioner is also directed to receive compensation already determined, which is in accordance with provision contained in Section 3H(2) of the Act. There is no illegality or irregularity in the procedure followed warranting interference by this Court.
4. The Writ petition is accordingly dismissed. There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 03.12.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37201 of 2014 Date: 03.12.2014 Kkm