Judgment · High Court

This writ petition is filed for issuance of a Writ of Mandamus declaring the action of the respondents in not following the procedure laid down under the National Highways Act, 1956, and earmarking the properties of the petitioners for demolition to widen the roads in National Highway No.205, as arbitrary and illegal. The petitioners state that they are the owners and possessors of the houses bearing D.Nos.2/28, 2/39, 2/38 situated at Bazaar Street, Bhakarapet Post, Chinnaguttigallu Mandal, Chittoor District. It is stated that the respondents without following the procedure contemplated under the National Highways Act, 1956 (for short ‘the Act’) to acquire the properties of the petitioners, have earmarked the buildings of the petitioners for demolition, for the purpose of widening of roads in National Highway No.205. Aggrieved by the said action, the petitioners filed the present writ petition. I have heard the learned counsel for the petitioner and also the learned Standing Counsel appearing for the National Highways Authority. Under Section 3-A of the Act a detailed procedure has been prescribed for acquisition of the land by issuing notification in the official Gazette. Section 3-D provides for declaration of acquisition. Section 3-E provides for taking possession of the property, and Section 3-G provides for determination of amount payable as compensation. Under the circumstances, I am of the view that the respondents are bound to follow the said procedure prescribed under the Act, and without following such procedure they cannot interfere with the possession of the petitioners. Accordingly, the Writ Petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in respect of the premises in question without following the due procedure prescribed under the Act. No costs. _____________________ G. ROHINI, J. 3rd March, 2005 Js. To 1 The Principal secretary, State of A.P., Department of Revenue, Secretariat, Hyderabad. 2 The District Collector, Chittoor, Chittoor District. 3 The Executive Engineer, National Highway Authority of India, Ananthapur Division, National Highway No.205, holding office at opposite to Chennareddy Colony, Tirupathi, Chittoor District. 4 Two CCs to G.P. for Revenue, High Court Buildings, Hyderabad. 5 2 CD copies.