Writ Petition No. 1624 of 2003 · Andhra Pradesh High Court

The writ petition is filed seeking declaration that the action of the respondents in trying to take over their land for the purpose of widening National Highway No.9 without following the provisions of the National Highways Act, 1956 (the Act, for brevity) as illegal and arbitrary. Though the matter is listed at the interlocutory stage, with the consent of the learned Counsel for the parties, the matter is finally heard and disposed of. It is the case of the petitioners that they are owners of the land admeasuring Ac.0.88 cents in R.S. No.54/1A2 of Tummalapalem village in Ibrahimpatnam Mandal of Krishna District. The officials of the respondents came to their land on 23.1.2003 and marking the land for the purpose of widening the National Highway No.9 adjacent to their land. When the petitioners questioned the high handed act of marking their land, neither observing the provisions of Land Acquisition Act nor following the provisions of National Highways Act, 1956, the officials of the respondents intimidated the petitioners that they would be put behind the bars for causing obstruction to their legitimate duties.

Therefore, they filed the present writ petition. This Court while admitting the writ petition on 28.1.2003, passed interim orders directing the respondents not to demolish the structures in the land or dispossess the petitioners except by following due process of law. The first respondent filed counter affidavit accompanying the vacate petition wherein the allegations of the officials of the respondents visiting the petitioners’ land on 23.1.2003, marking the land and intimidating the petitioners are denied. It is made clear that there is no notification under Section 3-A of the Act and in case of necessity of petitioners’ land for the public purpose, this respondent would follow the procedure as contemplated under the Act. No reply affidavit is filed by the petitioners denying the averments made by the first respondent in the counter affidavit filed by him. In that view of the matter, the apprehension of the petitioners is misconceived.

However, it is made clear that the officials of the first respondent shall not in any manner interfere with the petitioners right over the land in dispute without following the due process of law under the Act. The interim order earlier granted by this Court is vacated and the writ petition is disposed of with the above observations. Date: September 2, 2004. (V.V.S. RAO, J) ______________ YS To ASSISATNT REGISTRAR // TRUE COPY // SECTION OFFICER 1 Project Director, National Highway Authority of India, Upstairs, S.B.H. Office, Gurunanak Nagar, Vijayawada. 2 The Mandal Revenue Officer, Ibrahimpatnam Mandal, Krishna District. 3 Two CCs to the Government Pleader for Revenue, High Court of Andhra Pradesh, Hyderabd. (O.U.T) 4 Two CD copies.