PEDAMALLI VENUGOPAL REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are owners of various extents of land of Pandluru, Vengamambapuram and Ayyappareddy palem Villages, Naidupet Mandal, SPSR Nellore District. A connecting road was initially planned to connect National Highway No.16 with the Industrial Cluster called "Menakur SEZ". This connecting road was to go through lands in L.A Sagaram Village. It is the case of the petitioners that this proposal was dropped and an entirely new alignment with Flyover on NH-16 was planned. This new alignment would take the road through the land of the above three villages.

(2.) A preliminary notification under Sec. 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred as "the Act"), was published in the daily newspapers on 25/2/2021 and 10/3/2021. Thereupon, the petitioners submitted their objection on 12/4/2021 to the 4th respondent, who submitted a report to the 3rd respondent. However, it is the case of the petitioners that this report was given without conducting any enquiry and without giving any opportunity to the petitioners. Thereafter, the 4th respondent had issued a declaration under Sec. 19(1) of the Act, which was published in the daily newspapers on 26/6/2021 and 30/6/2021.

(3.) The petitioners being aggrieved by these notifications, have approached this Court, seeking a writ declaring the notification issued by the 3rd respondent under Sec. 11(1) of the Act and the declaration under Sec. 19(1) of the Act proposing to acquire the lands of the petitioners situated in the above three villages o be illegal and violative of the provisions of the Act and to set-aside the said notification and declaration.