Telangana High Court
WP/25033/2004 of Sagar Grandhi Exports (P) Limited Vs The National Highways Authority of India, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25033 of 2004 Between: Sagar Grandhi Exports (P) Limited Old Singarayakonda -523 101
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 25033 of 2004
Between:
Sagar Grandhi Exports (P) Limited Old Singarayakonda -523 101
Prakasam District, Rep.by its Manager, M.S.Murthy, S/o Mallikarjuna Murthy,aged 40 yrs R/o Singarayakodna, Prakasam District.
..... PETITIONER
AND
1 The National Highways Authority of India, rep.by its Chairman New Delhi.
2 The National Highways Authority of India, rep.by its General Manager-cum-Project Director, Project Implementation Unit, Nellore, Nellore District.Project Director, Project Implementation Unit, Nellore, Nellore District.
3 The Special Deputy Collector and Competent Authority L.A., N.H.5
Ongole, prakasamDistrict.
4 TheRegional Engineer AP.,12 K.M., International AB-Secon Surverys Private Limited, J.V. N.H.A.I Buildings Kandukur Road, Singarayakonda, PrakasamDistrict.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toIssue a writ order or direction more particularly one in the nature of writ ofMandamus, Directing the respondents to consider the case of the petitioner forproviding 'Median Opening ' near the factory unit of the petitioner as represented bythe petitioner in its letter dt. 17/12/2004 to the first respondent and direct therespondents not to start the work till the request of the petitioner is considered .
Counsel for the Petitioner: SMT.N.SHOBA
Counsel for the Respondents : GP FOR REVENUE
The Court made the following :
THE HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.25033 OF 2004
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ORDER:
Heard both counsel and with their consent, the writ petition is disposed of at thestage of admission.
The facts in brief are that the petitioner company is the owner and possessor of anextent of Ac.0.16 cents in Survey No.98/1 and Ac.0.35 cents in Survey No.98/2situated at Old Singarayakonda village of Prakasham District. While so, the secondrespondent published a notification dated 11.10.2004 under Section 3-A(1) of theNational Highways Act,1956 seeking to acquire various extents of lands inSy.Nos.98/1 and Sy.98/2 for upgradation and rehabilitation of National HighwayNo.5 from the landmark at Km.0.222 to Km.291. It is the case of the petitioner thatnow the said rehabilitation work is in progress at their factory and they came to knowthat as per the original drawing, there is no Median Opening adjacent to their factory.It is also submitted that as per the original drawing of the respondents, the MedianOpening is to be provided 2 kms away from the factory of the petitioner.
It is further submitted that on its making representations on 17.11.2004 and26.11.2004, the fourth respondent in his letter Ref.No.KM-Secon/Misc./AP-12,dt.24.11.2004 informed that as per approved drawings there is no Median Openingadjacent to their factory and advised them to use the nearby opening, which is 2kms., away from their factory.
The grievance of the petitioner is that if no Median Opening is provided adjacent totheir factory it will be difficult for their containers for ingress and egress and it will be impossible for their 50 feet long containers to take turn through the normal openingnow proposed to be provided.
In view of the circumstances of the case, writ petition is disposed of directing therespondents to consider the representation of the petitioner-company dated17.12.2004 and pass appropriate orders in accordance with law, within a period ofsix weeks from the date of receipt of this order.
The writ petition is disposed of with the above observation. No costs.
31.12.2004.
mdaa.
copy to :
1 The National Highways Authority of India, rep.by its Chairman New Delhi.2 The National Highways Authority of India, rep.by its General Manager-cum-Project Director, Project Implementation Unit, Nellore, Nellore District.2 The National Highways Authority of India, rep.by its General Manager-cum-Project Director, Project Implementation Unit, Nellore, Nellore District.
3 The Special Deputy Collector and Competent Authority L.A., N.H.5 Ongole, prakasamDistrict. Ongole, prakasamDistrict.
4 TheRegional Engineer AP.,12 K.M., International AB-Secon Surverys Private Limited, J.V. N.H.A.I Buildings Kandukur Road, Singarayakonda, PrakasamDistrict. Surverys Private Limited, J.V. N.H.A.I Buildings Kandukur Road, Singarayakonda, PrakasamDistrict.
5. Two C.Cs to G.P.for