SRINIVAS Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) BOTH these writ petitions can be dealt with together and decided as they raise common questions in an identical fact situation.

(2.) BOTH these writ petitions seek a writ of mandamus for declaring the public notice No.D/456/2007, dated 5.6.2009 issued by the Government of India, Ministry of Road, Transport and Highways, Department of Road Transport and Highways, notifying the lands of the petitioners for building (widening/four laning, etc.) of National Highway No.9 between Kms 89.131 to 89.500 in Nalgonda Revenue Division of Nalgonda District as illegal and to set aside the same.

(3.) TAKING this averment of the petitioners into account and consideration, a learned Single Judge of this Court has passed orders on 19.3.2010 in WPMP No.34315 of 2009 moved in WP No.26365 of 2009, modifying the notification in such a way as to acquire the land in equal proportion on either side of the existing National Highway. The respondents have moved vacate application Nos.1732 and 1823 of 2010 seeking vacation of these orders dated 19.3.2010. It will be appropriate to notice that Sri P. Ravinder Rao, working as General Manager (Technical) and the Project Director, National Highways Authority of India, Project Implementation Unit, Hyderabad, had sworn to the affidavit filed in support of the WVMP No.1823 of 2010 while Sri Md. Jaheer, the Competent Authority and Revenue Divisional Officer, Nalgonda, Nalgonda District sworn to the affidavit filed in support of WVMP No.1732 of 2010.