High Court · 2025

Petition unaer section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the notice dated 12.06.2024 bearing No. NHAliplU_ HYD/NH_ 44lThondupally- Kcthurl2OZ4l44g issued by the Respondent No.5. lA NO: 2 OF 2024 Between: ' 3:1i:,jj"1?ii,lg?:B;o:"r. by principar secretary Revenue Deparrment, 2. District Collet;tor, Rangareddy District. 3. Mandal Revenue Officer, Kothur Mandal. Ranga Reddy Districl. AND

1. a J ...PETITIONERS F,!i!1,d:HSy,J["#$eii,#r1"ji:,il!g5i'?:3,-.^ jr!?fl l;,ff 1 33, B es ide B ota n ica I c,'.,i en s, Gicir i;;[j iil;;; ;; d _- bb.i i2,., ;ilp: authorized Signatory, Sri. Kamal Saboo.- ' ",vv'vvu National Highruays Authority of lndia, Rep. by its Chairman. ,:#,&,?:ir,1'"tslBf ?i:?[1[Hl jx'l,X:t:t:,J#E#Jll,?i"yi3; j,.;,3; ,.?9*tl rd ii, Hyderabad. ...RESPONDENTS Petition under section 15i cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim or,cer dated 09.07.2024 in w.p. No. 17712 0f 2o24directing to maintain status quo ernd dismiss the writ petition as devoid of merits. lA NO: 3 oF 2024 Between: 1 National Highways Authority of lndia, Rep. by its Chairman ,;#,"I,L{#[nff lBr:?t??ilxf Hl jx,i,x:r:t:,I,"r,s of lndia, R:/o. B- 2- ociety, Banjarahills, AND ..PETITIONERS

1. HIL Ltd. (Formerly known as Hyderaba! .lndustries Limited)' Having. its ' riLoisJr"ci omce dt premlseJ Nos] r and 2, Level- 7, SLN Terminus' sy No' i55l'dH;""d;i;.iiir c'jiid"d"cic'nioowii, Hvderab'ad- 500 032' Rep' bv its authorized Signatory, Sri. Kamal Saboo'

2. State of Telangana, Rep. by Principal Secretary, Revenue Department' Secretariat, Hyderabad.

3. District Collector, Rangareddy District. 4. Mandal Revenue Officer, Kothur Mandal' Ranga Reddy District' ...RESPONDENTS 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 vacate the interim order datedO9tO7t2O24 in lA'No 1 of 2024 in W P'No 17712 ol 2024. Counsel for the Petitioner: SRI T.S.PRAVEEN KUMAR, REP' FOR M/s. MANJARI S.GANU Counsel forthe Respondent No.1 to 3: AGP FOR REVENUE Counsel for the Respondent No.4 & 5: SMT B'GEETHA, SC FOR NHAI The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAX WRIT ON No. I 7712 oF 20/24 ORAL ORDER: Hearcl Sri T. S.praveen Kumar, learned counsel, representin.g Ms. Manjiri S GaIu, learned counsel for the petitioner. learned Assistant Government pleerder for Revenue appeanng for respondent Nos. 1 to 3 arrci Smt. B Geetha, learned Standing Counsel for lrlational Highways AuthoritSz of India (NHAI) appearrng for respondent Nos.4 and 5 Perused the recorcl. PetitiorLer is claiming that it is the absolute owner 2 and possessor of land admeasuring Acs.6.2lgts., Sy.No.1OO (pa.t), Acs.7.35 gts., in Sy.No. 1Oi (part), Ac. 1.38 gts., in Sy.No. 112 (part) and Acs.2.26 gts., in Sy'No. 113 (part) situated at Thimmapur Vilrage, Kothur Mandal, Sha,Cnagar presenfly in Ranga Reddy Drstrict, under a registered sale deed bearing document No.2O0S of L987, daterl 26.08 lgg7. According to the petitioner. it W.P.No.l77l2 of 2024 2 has constructed compound wall encircling the said area' It has also constructed factory and it is running the said unit. In proof of the same, petitioner has frled a copy of the said sale deed and proceedings, dated ll'O7'1991' 23.07 .lggl, 28.04. 1988 and 24'll'2o22'

3. While the matter stood thus, respondent No'S has issued a notice, dated 12.O6.2024 stattng that there is a proposal for extension of 6 laning of existing 4 lane from Krn 22.3OO (Thondupally) to Km34'144 (Kothur) (Design Length 11.844km) on Hyderabad to Bangalore Section of NH-44 in the State of Telangana' Vide his letter' dated 1g.O4.2024, respondent No'3 submitted the survey report giving extent of land getting affected for the said project' The land in Sy.Nos.lOO and lol l2 of Thimmapur Village of the Kothur Mandal is not getting affected as per the said survey report. However, compound wall and fencing has been erected beyond the survey line and sarrle comes underencroachment.Valuationofcompoundwalland KI-..I W.l'.No. I 7712 of 202,1 3 fencing has been carried out by the R&B Department and same sha1l be compensated. Therefore, respondernt No.5 requested the petitioner to provide bank details to arrange lor compensation for affected compound rva-ll and fencing. Further, it is requested to make arrargement to shift the cc'mpound wall arrd fencing as per markings already done at the site by 24.06.2024, fatling which demolition of compound wall shall be done by this office through EPCI Contractor.

4. Challenging the said notice, petitioner filr:d the present writ petition.

5. Vide order, dated O9.07.2024, this Court drrected both the parl.ies to maintain status quo considering that in similar cir-cumstances in respect of adjacent lzrnd of the subject property, this Court granted interim order, dated 16.O4 .2),A24 in W.p.No.34663 of 2023. K W.P.No.l7712 o1202+ 4

6. Leamed counsel for the petitioner would contend that the petitioner never encroached into any land' It has constructed compound wall, fencing and encircling the aforesaid subject property. Even then, respondent No'5 has issued the said notice, dated 12'06 '2024' Therefore' the said notice, dated 12.06 -2024 is in violation of the principles of natural justice and procedure laid down under the National Highways Authority of India Act, 1988 (for short the Act, 1988). They cannot demolish the compound wall without following due procedure laid down under law. Even in the list of encroachments hled by respondent Nos.4 and 5, the name of the petitioner is not there. According to them, the subject compound wall is in Sy.No.26 of Thimmapur Village' Therefore' the entire action of respondent Nos.4 and 5 is illegal'

7. Whereas, learned Assistant Government Pleader for Land Acquisition and Smt. B. Geetha, learned Standing Counsel appearing for respondent Nos'4 and 5 submits KI-.J W.P.No. 17712 of 2024 5 that the subject property is in Sy.No.26, petitioner constfl-rcted compound wa-u encroaching into the National Highway. However, they will conduct survey and demarcate the subject property belongs to the petitioner and land in Sy.No.26 of Thimmapur Village strictly in accordaurce with law ald then they will take zLction. If the subject property of the petitioner is required for road widening, they will follow due procedure raid down under law ald pay compensation, if necessarl,.

8. Thr: aforesaid facts would reveal that thr: petitioner is claiming that it is the absolute owner and possessor of land in rSy.Nos.10O (part), 101 (part) 112 (part) and 113 (part). According to respondent Nos.2 to 5, petitioner has constructed compound wall by encroaching into land in Sy.No.26 i.e., Highway. Thus, there is a dispute with regard to the identification of the property.

9. As discussed supra, at the cost of repetition, accordir-ig to the petitioner, the sub.iect iancl is in ]l K W.P.No.l7712 of 202 6 Sy.Nos100 and 101 of Thimmapur Village' According to respondent Nos'2 to 5, the subject land is in Sy'No 26' In the light of the same, this Court is of the considered view that respondent No.3 has to conduct survey' afresh strictly in accordance with law to resolve the said issue for identilication of the aforesaid property beiongs to the petitioner and land in Sy.No'26 of Thimmapur Village'

10. Referring to the agreement, learned Government PleaclerforLandAcquisitionandlearnedStanding Counsel appearing for respondent Nos'4 and 5 would submit that they will complete the survey i'r"ithin ten (10) clavs frorn ti.re date of receipt of a copy of this order'

11. It is relevant to note that vide order' dated 01.LO.2O24, this Court disposed of the writ petilion vide W.P.No'34663of2023consideringthefactthattheyhave alrcacly p aicl compensation for the portion which are falling under acquisition and so far as illegal and unaur-horized constructions are concerned' the .KL.J \\ .P.No.l77l2 of 2024 7 respondents following the due procedure in accordarice with the WALTA Act and that respondents rvere direc ted to follow- due procedure iaid dourr under law, if the houses constructed by the petitioners forming part of Nala or the same are required f<.,r public purpose. t t L2- In the light of the said submissions. this Writ Petition is disposed of directing respondent Nos.2 to 5 to conduct sujnrey with the help of Maldal Surveyor of respondenl IVo.3, clemarcate the aforesaid lald belongs to the petitioner and land in Sy.No.26 of Thimmapur Village by putting the petitioner, all affected parlies on notice and affordin.q them an opportunity. On conclusion of sur-vey, the aforesaid land of the petitioner is affected, they will pay compensation to the petitioner in ter.ms of the Act, 19glj. Horvever, they will complete the -.iurvey rvithin ten (1rol days from today. Thereafter, they shall pay compens:rtion to the affected area, if any, ltrthin a W.P.No.177 t2 o1202 I period of four (4) weeks thereafter' There shall be no order as to costs. As a sequel thereto, miscellaneous petitions ' if any ' pending in the Writ Petition sha1l stand closed' SD/-K. SREE RAMA MURTHY SISTAN T REGTSTRAR /ffRUE COPY// ECTION OFFICER to',|. ,n" Principal Secretary' Revenue Department' Secretariat' Hyderabad' State of Telangana-

2. The District Collector, Rangareddy District' 3. The Mandal Revenue Officer' Kothur Mandal' Ranga Reddy Diskict' 4. The Chairman, National Highways Authority of lndia' uFSlI),T0,['i',ts:Bx:"J,:Ji[1i:Hi:X'l'::f t'J]:IE'ilJiii'?'H3;'ft '?' Hyderabad.

6. One CC to SRI MANJARI S GANU'' Advocate [OPUC] 7. One CC to SMT B'GEETHA' SC FOR NHAI [OPUC] R Two CCs to GP FOR REVENUE' High Court for the State of Telangana at HYderabad [OUTI

9. Two CD CoPies BSR BSw HIGH COURT DATED: 06l03t21zs CC TODAY ORDER WP.No.17712 ot 2024 ({o( ThE S14 ,6. 18 flAn 2m (1\ (- P J , {. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS o a{ rB