S. Ajay Nagendra Babu v. Secy., Min. Of Roads, New Delhi And 5 ORS.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.32017 OF 2016 ORDER:

The case of the petitioner is that his land situate in Sy.No.97/1 (97/1B) of Gosala village, Penamaluru Mandal, Krishna District, is being acquired for road widening (NH-9) (VijayawadaMachilipatnam) and for that purpose issued notification dated 22-03-2016 under the National Highways Act, 1956. 2.

The grievance of the petitioner is that though he filed objections to the notification dated 22-03-2016, orders are passed without giving opportunity of hearing to him and therefore the acquisition proceedings are bad for violation of principles of natural justice.

3.

Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents 1 to 4.

4.

Inasmuch as it is stated that the land in question is being acquired without giving opportunity of hearing to the petitioner, though he made objections, the respondent-authorities are directed to consider the objections of the petitioner afresh and pass appropriate orders thereon after giving opportunity of personal hearing to the petitioner. Since it is the specific case of the petitioner that respondent-authorities have not afforded him personal hearing, the petitioner shall appear before the respondentauthorities on (Tuesday), the 12th December, 2017, and make his objections, if any to the acquisition of his lands. Till appropriate orders passed in the matter, the respondents shall not interfere with the land of the petitioner in question.

5.

With the above directions, the writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J Dated: 27-11-2017 NRG

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.32017 of 2016 //WEB// Date: 27-11-2017 NRG