✦ High Court of India · 06 Mar 2025

Musku Chinna Hanumanthu v. The Competent Authority Land Acquisition Officer-cum-Revenue Divisional

Case Details High Court of India · 06 Mar 2025
Court
High Court of India
Decided
06 Mar 2025
Bench
Not available
Length
2,300 words

to declare action of the first respondent in trying to dispossess the petitioner from his houses bearing Nos.51-5-58'1 and 51-5-582 constructed over an area of 484 Sq. yards, situated in Sy.No. 498, Vangapahad village, Hasanparthy Mandal, Warangal Urban District, along with open land for the purpose of laying four lane of National Highway \o.202 (New NH No.163) without initiating and acquisition proceedings or showing the houses in the land acquisition proceedings by the ret.pondent No. 1 and witho.ut paying any comrrensation to him and the r;onsequential inaction on the part of f :urth and first respondenl.s in not considering his request dated 19 12.2016 and 4.2.2017 as illegal arbitrary, unjust apart from violative of principles of natu'al ju:;lice and to conserlrently to direct the respondents not to dispossess the petitioner from his houses bearing Nos. 51-5-581 and 51-5-582 constructcd over an area of 484 Sq. yards situated in Sy.No. 498, Vangapal ad village, Hasanparthy Mandal, Waranga District, along wilh operr Iand without initiating land acquisition proceedings and without pzrving any compensation under the Land Acqutsition Act. ii) l.A. NO: 1 OF 2017(WPMP. NO: 9665 OF 20171 Petition unde r Section 15'1 CPC praying that in the circu nstances stated in the affidavit filed n support of the petition, the High Court mz'y be pleased to direct the respondents not to dispossess the petitioner from his houses bearing Nos. 51-5-581 and [i1-5582 constructed over an area of 484 S(. yards situated in Sy.No. 498, Virngapahad village, Hasanparthy Mandal, \'y'arangal Urban District, without pzrving compensation to him by including tt e same in the acquisition proceedirtgs lA NO: 1 OF 2018 Between: The National Highway Authority of lndia, Hyderabad, rep. by its project Director, NHF.l, PlU, Warangal. ...PETITIONER AND 1 Musku Chinn a Hanumanthu, s/o Gangapuri, Aged 60 years, Occ Agriculture, Rl/ o Vangape had Village, Hasanparthy mandal, Warangal Ur:an District. The Compek:rrt Authority Land Acquisition Officer-cum-Re venue Divisional Officer, Wara rgal, Warangal Urban District. 2

3. Union of lndir, Shipping, Road Transport and Highways (Department of RT and Highways;), New Delhi, Rep. by its Secretary

4. The District Ccllector, Warangal, Warangal Urban District. - -.4 ;r.4. ' 5. The State of Telangana, Roads and Buildings Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secrefary. Petition under Section 15'l 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 dt. 08.03.2017 passed in WPMP No. 9665/2017 in Wp No. 7836 of 2017. ...RESPONDENTS Counsel for the Petitioners: SRI NANDIGAM KRISHNA RAO Counsel for the Respondent No.1 & 4: GP FOR LAND ACQU|S|TION Counsel for the Respondent No.2: SRI M.RAMU, SC FOR NHAI Counsel forthe Respondent No.3: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAL OF INDIA Counsel for the Respondent No.5: GP FOR ROADS & BUILDINGS WRIT PETITION NO: 7843 OF 2017 Between: Smt. Amancha Narsamma, w/o Vasudeva Prakash, Aged 50 years, Occ Agriculture, Rl/o Vangapahad Village, Hasanparthy mandal, Warangal Urban District. ...PETITIONER AND

1. The Competent Authority Land Acquisition Officer-cum, Revenue Divisional Officer, Warangal, Warangal Urban District. 2 J 4 5 The National Highway Authority of lndia, Hyderabad., - Union of lndia, Shipping, Road Transport and Highways (Department of RT and Highways), New Delhi, Rep. by its Secretary The District Collector, Warangal, Warangal Urban District. The State of Telangana, Roads and Buildings Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary. 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 particularly one in the nature of Writ of Mandamus- ...RESPONDENTS i) ii) to declare ihe action of the first respondent in earmar'iing land of the petitioner in Sy.No.504/ A, Vangapahad village, Hasarrparthy Mandal, Warangal t)istrict, to an extent of Ac.O.25 guntas showlng the same as if it is in {iy.No.S17 for public purpose of laying four lane of National Highway lJ,:.202 (New N.H. No. 163)and the consequertial inaction on the part ,rf the first and fourth respondent in not ;onsidering her requests iated 19.12.2O16 and 4.2.2017 as- illegal rtrbitrary, unjust aparl. fronr violative of principles of naturat justice and contrary to the revenue rr:r:ords including pattedar passbook issued to rter and to conseq uently to direct the respondents to pay coml)ensation to the petitioner under Land Acquisition Act for the land z'cquired by the respondenls l.A. NO: 1 OF 2017 PMP. NO: 9672OF 20171 Petition unde r Section 1 5 1 CPC praying that in the circur nstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the responconts not to dispossess the petitioner from her land in Sy.No.504/A, Vanga:ahad village, Hasanparthy Mandal, Warangal District, to an extent of Ac O.25 gt ntas which is show as if it is in Sy.No.517 of lhe said village. lA NO: 1 OF 2018 Between: The Project ')rrector, National Highway Authority of lndia, Balasamudram, Hanmakonda Warangal Urban District. ...PETITIONER AND 1 2 2 4 5 Smt. Amancha Narsamma, w/o Vasudeva Prakash. Agec 50 years, Occ Agriculture, F/c Vangapahad Village, Hasanparthy mandal, Warangal Urban District. The Competerrrt Authority Land Acquisition Officer-cum, Revenue Divisional Officer, Wara rEal, Warangal Urban District. Union of lndi;r, Shipping, Road Transport and Highways (Department of RT and Highways;), New Delhi, Rep. by its Secretary The District Collector, Warangal, Warangal Urban District. The State of Telangana, Roads and Buildings Departnrent, Secretariat Buildings, Hyrlerabad, Rep. by its Principal Secretary. 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 dated 08-03-2017 in WP.MP.NO 9672/ 2017 passed in W.P.No. 7843 of 2017. ...RESPONDENTS Counsel for the Petitioners: SRI NANDIGAM KRISHNA RAO Counsel for the Respondent No.1 & 4: GP FOR LAND ACQUISITION Counsel for the Respondent No.2: SRI M.RAMU, SC FOR NHAI Counsel for the Respondent No.3: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAL OF INDIA Counsel for the Respondent No.5: GP FOR ROADS & BUILDINGS WRIT PETITION NO: 7901 OF 2017 Between: '1 . Smt. [Musku Anasuya, w/o Sambaiah, Aged 48 years, Occ Housewife, Rl/o Vangapahad Village, Hasanparthy mandal, Warangal Urban District.

2. Musku Devendar, s/o Kishtaiah, Aged 40 years, Occ Coolie, Ri/o Vangapahad Village, Hasanparthy mandal, Warangal Urban District. ...PETITIONERS AND 1 2 J 4 5 The Competent Authority Land Acquisition Officer-cum-Revenue Divisional Officer, Warangal, Warangal Urban District. The National Highway Authority of lndia, Hyderabad. Union of lndia, Shipping, Road Transport and Highways (Department of RT and Highways), New Delhi, Rep. by its Secretary The District Collector, Warangal, Warangal Urban District. The State of Telangana, Roads and Buildings Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary. Petition under Article 226 o'f 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 particularly one in the nature of Writ of Mandamus- ...RESPONDENTS 7 i) ii) to declar,-. action of the first respondent in trying to dispossess the petitioner; from their house constructed over a bit of le nd admeasuring Ac.0.12 (,untas situated in Sy. No. 501/A, situated at Vangapahad village, Hasanparthy Mandal, Warangal Urban District, along with open land for 1t- e purpose of laying four lane of National lighway No.202 (New NH No.'163) without initiating land acquisition proceedings or showing the house in the land acquisition procr':edings by the respondelt No. 1 and without paying any compensat on to them and the conse quential inaction on the part of fourth and firs t respondents in not consirj aring their requests daled 19.12.2016 and 4.2.2017 as illegal arbitrary, r-njust apart from violative of principles of natrtral justice and ii) to cors;equently to direct the respondents not to dispossess the petitioners from their house constructed over a bit of l€ nd admeasuring Ac.a12 guntas situated in Sy. No. 50'1/A, Vangapahad village, Hasanparlhy lrlandal, Warangal District, along with open land without initiating land acquisition proceedings and withcut paying any compensirtion under the Land Acquisition Act. l.A. NO: 1OF 2017 WPMP. NO: 9746 OF 20171 Petition undr;r Section 151 CPC praying that in the circu nstances stated in the affidavit filed in support of the petition, the High Court mity be pleased to direct the respon<1r:nts not to dispossess the petitioners frrm their house constructed over a bit of land admeasuring Ac.O.12 guntas situated in Sy. No. 501/A, Vangapahacl village, Hasanparthy Mandal, Warangal Urban District, without payrng conr censation to them by including the same ir the acquisition proceedings. lA NO: 1 OF 2018 Between: The Project Director, National Highway Authority of lndia. Balasamudram, Hanmakonda, Warangal Urban District. I ...PETITIONER AND

1. Smt. lvlusku Anasuya, w/o Sambaiah, Aged 48 years, Occ Housewife, Rl/o Vangapahad Village, Hasanparthy mandal, Warangal Urban District.

2. It/usku Devendar, s/o Kishtaiah, Aged 40 years, Occ Coolie, Rl/o Vangapahad Village, Hasanparthy mandal, Warangal Urban District.

3. The Competent Authority Land Acquisition Officer-cum-Revenue Divisional Officer, Warangal, Warangal Urban District.

4. Union of lndia, Shipping, Road Transport and Highways (Department of RT and Highways), New Delhi, Rep. by its Secretary

5. The District Collector; Warangal, Warangal Urban District. 6. ]he State of Telangana, Roads and Buildings Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary. Petition under Section '1 51 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 dated 08,03.2017 in WPMP.no. 974612012 passed in WP.No. 790112017. ...RESPONDENTS Counsel for the Petitioners: SRI NANDIGAM KRISHNA RAO Counsel for the Respondent No.'l & 4: AGP FOR LAND ACQUIS|T|ON Counsel forthe Respondent No.2: SRI M.RAMU, SC FOR NHAI Counsel forthe Respondent No.3: SRI cADl PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAL OF INDIA Counsel for the Respondent No.5: AGP FOR ROADS & BUILDINGS The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTTCE J. SREENIVAfi RAO WRIT PETITION Nos.7836 7A43 & 79OL of 2OL7 COMMON ORDER: W.P.Nos.?'836, 79OI and 7843 of 2Ol7 are filed questioning llte action of respondents in dispossessing the petitioners therein from their houses i.e., house bearirLg No.51-5- 5Bi and 51-5-5;82 constructed over an area of 484 sc:-uare yards in Sy.No.49B; house constructed over a bit of land measuring Ac.O.12 gts., situated in Sy.No.501lA; and earmarkit ig the land admeasuring r\c.O.25 gts., in Sy.No.5O4/A shor,r'ing t re same as if it is in S1'.N,r.517 respectively situated at Vangapal rad Village, Hasanparthy lVtandal, Waralgal Urban District alonE with open land for the Jnrrpose of laying the four lane Nation :-l Highway No.2O2 (New Nlational Highway No.163), without in tiating the iand acquisitic,n proceedings, as required under the p:ovisions of the Natr orra-1 F['Lghways Act, 1956 (hereinafter referrer I to as 'the Act) and u,ithor-rt paying compensation.

2. Heard S.-j Nandigam Krishna Rao, learned Sen:or Counsel appearing on behalf of the petitioners, Sri N{.Rarru, learned counsel appearing on behalf of respondent No.2, learned ) ) Assistant Govr:r:nment Pleader for Land Acquisition al rpearing on I 2 behalf of respondent Nos. 1 ald 4 and the learned Assistant Government Pleader for Roads and Buildings appearing on beha-lf of respondent No.5 in all the writ petitions.

3. Learned Senior Counsel as well as the learned Assistant Government Pleader for Land Acquisition Submitted that the respondent authorities have initiated the proceedings exercising the powers conferred under the provisions of the Act ald passed the award. Pursuant to the said award, respondent authorities have deposited the amount in favour of the petitioners as per their entitlement. By virtue of the same, the cause in the writ petitions does not survive.

4. Recording the above said submission, a_11 the writ petitions are closed. However, the petitioners in these writ petitions are gralted liberty to avail the remedies available under law, if any other cause exists. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// SD/.T. JAYASREE DEPUW REGISTRAR SECTION OFFICER I I 1

3. 4 One CC to SRt NANDTGAM KRTSHNA RAO, Advocate tOpUCl One CC to SRt M.RAMU, SC FOR NHA| [OPUC] 3F:,f'"il:f #SfPJi"mYT:lJ#Yl,T;i"i?,,lIf;B,XBll!S;=4=*,^- Two CCs to.gP.FOR RO4LS & BUTLDINGS, High Court for the State of --'--rrrvv' lelangana at Hyderabad [OUT] I rrvrr 5 Two CCs to (iP FOR LAND ACQUISITION, High Court or the State of Telangana at -lyderabad [OUT] Two CD Copiers; 6 BSR LS W r \ I HIGH COURT DATED: 0ilA312025 I I -a='a= i*r- s' Ars ,.( /5 COMMON ORDER WP.Nos.7836, 7843 & 7901 of 2017 2 B APri 2W5 a {. ,l it-rre"n \i\:-.-:= ,11 au -';7.. - CLOSING ALL THE WRIT PETITIONS, WITHOUT COSTS 14h\il{

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