✦ High Court of India · 24 Jan 2025

1 . IVohammed Ali v. 1. The State of Telangana

Case Details High Court of India · 24 Jan 2025
Court
High Court of India
Decided
24 Jan 2025
Bench
Not available
Length
1,592 words

.....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 a writ, order or direction more particurarly one in the nature of wRlr oF IVANDAIvUS declaring the action of the respondents in proceeding with the widening of the National Highway 65 from Hyderabad to Mumbai from the lands of the petitioners without acquiring the affected lands of the 1st petitioner land in sy.No .7771A approximatery 300 sq.yards, 2nd petitioner rand affecting Ac.0.14 gts in sy.No.772rAA, 3rd petrtioner rand affecting in Ac.o.08 gts in Sy.No.77'llA3, 4th petitioner land affecting g00 sq.yards in Sy.No.778, 5th petitioner land affecting 250 sq.yards in sy.No.777, 6th petitioner land affecting Ac.0.07 gts each in Sy.Nos.536 12 and 537111112, 7th petitioner Iand affecting Ac.0.05 gts in Sy.No.768/442 and also in sy.No.768/E and the 8th petitioner land affecting Ac.0.05 gts in Sy.No.z681441 and also in Sy.No.768/4 situated at Kandi Village and Mandar, Sangareddy District and Rudraram Vilage, patancheru lvandal, Sangareddy District, as ilegar, arbitrary, nuI and void and vioration of Article 300-A of the constitution of lndia and against to the provisions of Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) and consequenfly direct the respondents to acquire the lands of the petitioners for commencin g the road wid ening of National Highway 65. l.A.NO:1 OF 2o2s Petition Under Section 151 cpc praying that in the circumstances stated an the affidavit filed in support of the petition, the High court may be preased to direct the respondents not to proceed the road widening program of Nationar Highway 65 in the lands of the petitioners without acquiring the '1 st petitioner land in Sy.No.777lA approximately 300 sq.yards, 2nd petitioner land affecting Ac.0.14 gts in Sy.No.772lAA,3rd petitioner land affecting in Ac.0.0B gts in Sy.No.77'1lA3, 4th petitioner land affecting 900 sq.yards in Sy.No.77B, 5th petitioner land affecting 250 sq.yards in Sy.No.777, 6th petitioner land affecting Ac.0.07 gts each in Sy.Nos.53612 and 537111112, 7lh petitioner Iand affecting Ac.o.05 gts in Sy.No.768/AA2 and also in Sy.No.768/E and the 8th petitioner land affecting Ac.0.05 gts in Sy.No.768/4,41 and also in Sy.No.768/4 situated at Kandi Village and l\/andal, Sangareddy District and Rudraram Village, Patancheru Mandal, Sangareddy District, pending finalization of the writ petition. Counsel for the Petitioners : SRI NARENDAR JALLI Counsel for the Respondent Nos.1, 4 to 7 : GP FOR LAND ACQUISITION Counsel for the Respondent Nos.2 & 3 : SRI M.RAMU Counsel for the Respondent Nos.8 to 10 : GP FOR ROADS AND BUILDINGS The Court made the following ORDER .THE I{ON'BLE SRI JUST'ICE T. VTNOD KUMAR WRIT PETITION No.l789 of 2025 ORDER: I-leard learncd Counscl for the petitioners, leamed Govemment I'leader for I-and Acquisition appearing for respondent Nos.1, 4 to 7, Sri Madhishetty Ramu, leamed Standing Counsel appearing on behalf of respondent Nos.2 and 3 and Iearned GovertrLnent Pleader lol Roads & Buildings appearing on behalf of respondent Nos.8 to 10, and perused the record. With the consent o1' learned Counsel appearing for the panies, rhe Writ Petition is taken up fbr hearing and disposal at the stage of admission.

2. Shorn of unnecessary details, the case of the petitir:ners in brief, is that they are absolute owners and possessors of land (t 'situated at Kandi Village & Mandal and Rudraram Village, tancheru N4:rndal, Sangareddy District; and that the respondent orities are causing interf-erence with their possession and ment ol the land claiming that the aforcsaid land is r equired 2 for the purpose of existing National Highway 65 leading from Hyderabad to Mumbai. It is the fuither case of the petitioners that while they are 3 . agriculture farmers deriving the income from agriculture in the said land, the respondent authorities are seeking to dispossess the petitioners from the aforesaid land without lollowing due process of law and without paying any compensation therefor' It is also contended by the petitioners that the respondent 4, authorities are trying to dispossess the petitioners from the subject land and have made marking on their properties; that the petitioners have also learnt that the authorities have awarded contract to one M/s. Ramkumar Contractors Private Limited on 27-05-2024 for widening ol the road; and that the aforesaid action of respondents is highly iltegal, arbitrar)i and in violation of Article 300-A of the Constitution of India'

5. Per contra,learned Standing Counsel appearing on behalfof respondent Nos.2 and 3 submits that the said authority is not taking up any widening of existing in the National Highway 65 as being _) claimed by the petitioners and is in no way concerned rvith any such activity

6. Learned (iovernment Pleader appearing on behalf of lespondents on the other hand submits that in similar circunrstances this Court by order dated 20.09.2024 in W.P. No.25863 of 2024 and order dated 2 1 - I l-2024 in W.P.No.28984 of 2024 directed the respondent authorities to follow due procedure and act in accordance rvith law, il the lands of the petitioners therein are in I any way alfected in the work taken up by the respondent authorities for expansion/formation/ renovation of cxisting 100 feet National Highrvay 65 7 . Leanred Govemment Pleader further submits that since the petitioners are similarly placed as petitioners in the aforesaid Writ Petition, the said order would apply in all lorce to the facts of the present case

8. Having regald to the submissions made as above and in order to maintain parity, for the reasons alike as stated in the order dated 20.09.2024 in W.P. Nor25863 of 2024 order dared 2l-11-2024 in W.P.No.28984 of 2024, this Courl is of the view t I 7\ 1 'I , i 4 that the respondent authorities are to be directed to follow due process of law in the event the lands ofthe petitioners are required for the purpose of expansion of existing I 00 leet National Highway No.65

9. Subject to the above direction, the Writ Petition is disposed of. No costs.

10. Miscellaneous petitions, if any, pending in thc Writ Petition, shall stand closed. To I t //TRUE COPY// SD/-8. SARASWATHI T REGISTRAR ASSIS T S CTION OFFICER

1. The Principa'l Secretary, Revenue Department (Land Acquisition), Secretariat, State of Telangana at Hyderabad.

2. The Regional Offlcer, National Highway Authority of lndia, Regional Office, Hyderabad, o/o. Ministry of Roads Transport and Highways (MoRTH), Erramanzil, Hyderabad - 500082.

3. The Project Director, National Highway Authority of India, O/o. Backside of Zilla Parishad, Sangareddy, PIN - 502001.

4. The District Collector (Land Acquisition), Sangareddy District. 5. The Revenue Divisional Officer -cum- Land Acquisition Officer, Sangareddy, Sangareddy District.

6. The Tahsildar, Kandi Mandal, Sangareddy District. 7. The Tahsildar, Patancheru I\,{andal, Sangareddy District. 8. The Engineer -in- Chief, Roads and Buildings, Erramanzil Colony, Telangana State. 9. The Superintending Engineer, Roads and Buildings, NH Circle, Erramanzil, Hyderabad - 500082.

10. The Executive Engineer, Roads and Buildings, NH Circle, Erramanzil, Hyderabad -

500082. 1 1. Two CCs to GP FOR LAND ACQU lSlTlON, High Court for the State of Telangana at Hyderabad. [OUT]

12. Two CCs to GP FOR ROADS AND BUILDINGS, High Courtforthe State of Telangana at Hyderabad. [OUTI

13. One CC to SRI NARENDAR JALLI, Advocate [OPUC] 14. One CC to SRI M.RAMU, Advocate (OPUC) 15. Two CD Copies SA GJP Ll- /. t --F t./.66"' E ST{ 16- 04 Fiii ?!15 i. ,.,,r Ca S F,ATC\{g(l * .\ ;,z HIGH COURT DATED:2410112025 ORDER WP.No.1789 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. .ol oj4 b a

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