High Court · 2025

Judgment

2. J.

4. 4

6. 7. 8. _ lndia, rep. by the secretary, Ministry of Surface Transport, The Union of Government of lndia, New Delhi. National Highways Authority of lndia, through its Project Director, D.No.B-2- 334118, Road No.3, Banjara Hills, Hyderabad. Ifg gompe^t_ent Authority (Land Acquisition) National Highways cum Revenue Djvisional Officer, Sanga Reddy Division, At.Sanga Reddy Diit The Special Officer (Land Acquisition) Sixway Lahe, Natitinal Highway No.65. The State of Telangana, rep by its Principal- Secrelariat(Rand E), Secretariat Building, Hyderabad. The Executive Engineer (Rand B), NH Division, Hyderabad. The Dy Executive Engineer (Rand B), NH Sub Division, Sanga Reddy The Tahsildar, Patancheru Mandal, Sanga Reddy District ...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declaring the action of the respondent authorities in trying to laying road from NHAI Sanga Reddy X .road to Madinaguda through petitioner s property i.e in respect Land admeasuring an extent AC.0-27gts in Sy.No.7B0, situated at Rudraram Village, patancheru Mandal, Sanga Reddy Dist, without initiating the land acquisition proceedings and without following the procedure contemplated under the Statute, as being illegal, arbitrary, unconstitutional and violative of Articles 2j and 300-4 of the constitution of lndia and consequently direct the respondents not to interfere with the peaceful possession and enioyment of the petitioner property except in accordance with law lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders directing the respondent authorities not to dispossess or in any manner interfere with the peaceful possession and enjoyment of the petitioner in respect Land admeasuring an extent AC.0-27gts in Sy.No.780, situated at Rudraram Village, Patancheru Mandal, Sanga Reddy Dist, pending disposal of the main Writ Petition Counsel for the Petitioner: SRl. NAMBI KRISHNA Counsel forthe Respondent No.1: SRI GADI PRAVEEN KUMAR (DY. SOLICITOR GENERAL OF INDIA) Counsel for the Respondent Nos. 2: SRI M. RAMU, SC FOR NHAI Counsel for the Respondent No.3: GP FOR LAND ACQUISITION Counsel for the Respondent Nos.4to7: GP FOR ROADS AND BUILDINGS Counsel for the Respondent No.8: GP FOR REVENUE The Court made the following: ORDER I HON'BLE SRI JUSTICE NAGESH BHEEIVIAPAI(A WRTT PETITION No.1587 of2o25 oRDER: This writ petition is filed seeking the following prayer:- " to issue an appropiate Wit, Order or . Drection more partianlarl[' oie in the nature of Wit of Mandimus to dectaing the actton of the respondent authoities in trying to laging road from, NHAI Sanga -to -Madinaguda tLvough. petitioner s ieddy X road prop;ftA i.e., in respect Land' admeasuing an extent ac.o Zigts. in Sg'ltto'ZAO situated at . Rudraram Village," Patancleit Mandal, Sanga Reddg Dbt'ict witiut initiating the land acEtisihon proceedings and tt;itttout follouting the procedure contbmplated under the Statute as being illegal' arbitrary ' unconstitutional and uiolatiue of Articles 21 and 30O- i of tle Constittttion of India and cons.equentlg direct interfere LDith. the peaccful thi respondents not lr."r".ion and. enjoyment of !fu petitioner propertA 'excePt "to in accordonce with law'" The case of petitioner is that he is owner arrd possessor 2. of land in Survey No.780, admeasuring Ac 'O-27 guntas in Rudraram Village, Patancheruvu Mandal' Sanga Reddy District' which was purchased through a registered sale deed ulder document No.11454/20O7, dated 26'04'2007' This document waslaterrectifiedthroughdocumentNo'2869/2O10'dated 19.03.2010. Since then, petitioner has been ln peaceful possession and enjo5rment of the subject property' and his name was duly mutated in revenue records' Subseqrrently' he .orru"i"t the 1and from agricultura,l to non-agricultural purpose through proceedings dated O4'05'2010' Further case of the 2 petitioner is that after he came to know about the NHAI authority laying a road from Sanga Reddy X Road to Madinaguda-NH-65, in which petitioner's property is earmarked for road widening by the respondent authorities, he verified that, as per the Gazette of India dated 29 .05.2024 , petitioner's land is not shown in the said Gazette. While the matter stood thus, respondent-authorities approached petitioner on 24.12.2024 and 16.01.2025 and informed that they are proposing to acquire various extents of lald for road widening, in which his land is likely to be affected, and demanded to handover vacant possession within a couple of days. Without issuing notice or following due process of acquisition proceedings, and with the intention to lay a road from Sanga Reddy X Road to Madinaguda, they a-re trying to acquire petitioner's subject property. Hence, the present writ petition. a.) Sri Nambi Krishna, learned counsel for petitioner submits that respondent-authorities a-re acquiring the private property without following due procedure contemplated under the law. :l Sri Madishetty Ramu, learned Standing Counsel for

4. National Highways Authority of India submits that they are not interfering with the subject property as the construction of road from Sanga Reddy X road to Madinaguda does not come under the jurisdiction of NHAI. Learned Assistant Government Pleader for Land 5. Acquisition on behalf of respondent Nos.3 and 4, on instructions, would submit that respondent authorities, will follow due procedure for acquisition of petitioner's land/private land as per National Highways Act, 1956, if tlee same is required for laying the road. Accordingly, the Writ Petition is disposed of directing

6. the respondent-authorities to follow due procedure of law, in case the subject property is required for laying road/public purpose' No costs. Miscellaneous applications, pending if any, shall stand closed. 1 To, //TRUE COPY// SD/. L. LAKSHMI BABU REGISTRAR ASSIS CTION OFFTCER \

1. The Secretary, Union of lndia' Ministry of Surface Transport' Govemment of , !ilf"t*rry,?#3"Jlil'n*"r. Authority of rndia, throush its project Director, D.No.B- ' i:iari'a,'R";;"M.g: Baniara Flills, Hvderabad' C.*LI \ I ? Divisional Officer, Sanga Reddy Division, At.Sanga Reddy Dist

3. The competert Aulhority (Land Acquisition) National Highways cum Revenue . 4. The Special Officer (Land Acquisition) Sixwav La-ne, Nati6nal Hiohwav No.65. \ ! Ilru Principal Secretariat(Rand B), Secretaridt Buitding, T.S.,Hydtrab'ad. \ 9 I11" Exe,._cutive Engineer (Rand B), NH Division, Hyderlbad. - ' Z. fh" Dy Executive Engineer (Ranij B), NH Sub Division, Sanoa Reddv 8. The Tahsildar, Patandheru Mandal, Sanga Reddy District 9. One CC to SRl. NAMBI KR|SHNA, Adv5cate tO'pUCI 't0.One CC to SRl. cADl PRAVEEN KUMAR(DEPUTYSOL|C|TOR GENERAL '1 1.Two CCs to GP FOR REVENUE High Court forthe State of Telangana, at 12.Two CCs to cP FOR LAND ACQUISITION High Court for the State of 13.One CC to SRl. M. RAMU , SCFOR NHA| [OPUC] 14.Two CD Copies Telangana, at Hyderabad [OUT] oF tNDtA) [OPUC] Hyderabad [OUT] BM +^=- CC TODAY I I 118 STAr€' 2 [ JrN 2tl6 q o o I ,/ /.'/ HIGH COURT DATED:2310112025 ORDER WP.No.1587 of 2025 I I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \6 vs-