IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.21908, 22305 and 22313 of 2005 WRIT PETITION No.21908 of 2005 Between: 1 A. Bharathi W/o. A.S.C. Bose, R/o. H.No. 6-3-569/4-16, Rock Dale Compound, Somajiguda, Hyderabad, 2 A. Satyanarayana Raju S/o. A. Subash Chandra Bose, R/o. H.No. 6-3-569/4-16, Rock Dale Compound, Somajiguda, Hyderabad, 3 K. Anitha W/o. K. Satyanarayana Raju R/o. H.No. 6-3-569/4-16, Rock Dale Compound, Somajiguda, Hyderabad, 4 K. Satyanarayana Raju S/o. K. Krishnam Raju R/o. H.No. 6-3-569/4-16, Rock Dale Compound, Somajiguda, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad, 2 The Hyderabad Urban Development Authority, Rep. by its Vice Chairman, Rasoolpura, Secunderabad, 3 The Project Director and Special Collector, (Land Acquisition) Outer Ring Road, The Hyderabad 4 Special Deputy Collector, (Land Acquisition) Unit IV, Outer Ring Road, The Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ of Mandamus, or any other appropriate writ, order or direction, declaring the Notiﬁcation No. C/ORR/371/2005 dt. 8-7-2005 issued by the respondents as illegal, arbitrary and violative of principles of natural justice and also violative of the provisions of the Hyderabad Urban Development Authority Act and Rules made thereunder and also violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to change the original alignment of the Outer Ring Road in particular at Shamirpet Village and Mandal, Ranga Reddy District and pass such other order or orders as may deem ﬁt and proper in the circumstances of the case. WRIT PETITION No.22305 of 2005 Between: 1 Guduru Ram Reddy, S/o.Late Narsa Reddy, R/o.H.No.1-10-57, Temple Alwal, Secunderabad. 2 G.Laxmi, W/o.G.Ram Reddy, R/o.H.No.1-10-57, Temple Alwal, Secunderabad. 3 Smt.D.Prajwala Reddy, W/o.D.Srinivasa Reddy, R/o.H.No.1-10-57, Temple Alwal, Secunderabad. ..... PETITIONERS AND 1 The Govt of A.P., Rep by its Prl.Secretary, Municipal Administration, Secretariat, Hyderabad. 2 The Hyderabad Urban Development Authority, Rep by its Vice Chairman, Rasoolpura, Secunderabad. 3 The Project Director and Special Collector, (Landa Acquisition), Outer Ring Road, The Hyderabad Urban Development Authority, Hyderabad. 4 Special Deputy Collector ( Land Acquisition), Unit IV, Outer Ring Road, the Hyderabad Urban - Development Authority, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ of Mandamus, or any other appropriate writ, order or direction, declaring the Notiﬁcation No.C/371/2005 dt.8-7- 2005 issued by the respondents, as illegal, arbitrary and Violative of Principles of natural justice and also violative of the provisions of the Hyderabad Urban Development Authority Act and Rules made thereunder and also Violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to change the original alignment of the Outer Ring Road in particular at Muneerabad Village, Medchal Madnal, Ranga Reddy District and pass such other order or orders as may deem ﬁt and proper in the circumstances of the case. WRIT PETITION No.22313 of 2005 Between: 1 D.V.V.Satyanarayana Raju S/o.Krishnam Raju R/o. Plot No.33, Hasthinapuri, Sainikpuru Post, Secunderabad. 2 M.V.S Suryanayana Raju S/o.Veerabhadra Raju R/o.3-105, Vishnu Street, Yanam, Pondicheri State. ..... PETITIONERS AND 1 The Government of A.P.rep by its Principal Secretary, Municipal Administration Secretariat, Hyderabad. 2 The Hyderabad Urban Development Authority rep. by its Vice Chairman, Rasoolpura, Secunderabad. 3 The Project Director and Special Collector (Land Acquisition), Outer Ring Road, The Hyderabad Urban Development Authority Hyderabad. 4 Special Deputy Collector (Land Acquisition) Unit IV Outer Ring Road, the Hyderabad urban Development authority, Hydrabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction, declaring the notiﬁcation no.C/371/2005 dt..8.7.2005 issued by the respondents as illegal, arbitrary and violative of principles of natural justice and also violative of the provisions of the Hyderabad urban Development authority Act and Rules made thereunder and also violative of Article 14,21 and 300-Aof the constitution of India and consequently direct the respondents not to change the original alignment of the quatr Ring Road in particular at Muneerabad Village,Medchal Mandal, Ranga Reddy District and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI P.VENUGOPAL Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.21908, 22305 and 22313 of 2005 COMMON ORDER: In all these writ petitions the challenge is to the notiﬁcation dated 08.07.2005 issued by the third respondent under Section 4(1) of the Land Acquisition Act, 1894, proposing to acquire various extents of lands of the petitioners for public purpose for formation of Outer Ring Road (ORR) in Hyderabad Urban Development Area. This Court while admitting the writ petitions passed interim orders. The matters are coming up for further orders. In view of the counter averments made by the fourth respondent, the matters are heard ﬁnally and are being disposed of by this common order. Insofar as the ﬁrst writ petition, being W.P.No.21908 of 2005, is concerned, it is stated that petitioner Nos.1 to 3 are not aﬀected by acquisition, and insofar as petitioner No.4 in the said writ petition, as well as other petitioners in the other two writ petitions are concerned, it is stated that the Government of Andhra Pradesh vide G.O.Ms.No.14, Infrastructure, Investment and Development Department, dated 18.12.2006, announced a package for acquiring the lands in Muneerabad Village, and that the petitioners whose lands are aﬀected by ORR have given consent in Form No.IV, and accepted payment as per the said package. For the sake of convenience the counter averments submission in W.P.No.21908 of 2005 is extracted hereunder. The Govt. vide G.O.Ms.No.14 IID (2) dated 18- 12-06 have announced the package for Muneerabad (V) @ Rs.10,22,000/- per acre and Rs.1350/- per Sq.Yd. Accordingly A.Satyanarayan Raju, S/o.Krishnam Raju has given consent in Form No.IV for Sy.No.33 an extent of Ac.1.06 gts situated at Muneerabad (V), of Medchal (M) and the same has been approved by the PD & Special Collector ORR Proc No/ORR/371/05, Dt.10-12-07. He has been paid compensation amount of Rs.11,75,300/- on 19-12-2007 vide cheque No.365803, dated 19-12-07. In respect of Sy.No.36, the enjoyment survey has not been conducted due to which the actual enjoyer could not be identiﬁed. However the Draft Award for Sy.No.36 has been submitted to the PD & Special Collector while referring the matter U/s.30 & 31 of the LA Act due to title dispute. In all the counter aﬃdavits similar averments are made. Learned Standing Counsel for third respondent has placed before this Court an unreported judgment of the Division Bench in Dr.Ramamurthy Nagubadi v Government of Andhra Pradesh (W.P.No.19989 of 2006, dated 13.03.2007), wherein the Division Bench held that when the owners of the land voluntarily singed consent memos/aﬃdavits, there cannot be any justiﬁcation to entertain the prayer for quashing the impugned notifications. In view of the above, nothing survives in the writ petitions. The Writ Petitions are, therefore, dismissed. No costs. ____________ (V.V.S.RAO, J) 15.09.2008 vs To 1 The Principal Secretary, Government of Andhra Pradesh, Municipal Administration, Secretariat, Hyderabad, 2 The Vice Chairman, Hyderabad Urban Development Authority, Rasoolpura, Secunderabad, 3 The Project Director and Special Collector, (Land Acquisition) Outer Ring Road, The Hyderabad 4 Special Deputy Collector, (Land Acquisition) Unit IV, Outer Ring Road, The Hyderabad 5 2 CCs to the G.P for Municipal Administration and Urban Development, High Court of A.P., Hyderabad. 6 2 CD copies. Form-NIC-OGS/WP{TRR} Form-NIC-OGS/WP{VSMI} Form-NIC-OGS/WP{MPL}