1. K. Shakunthala v. The State of Telangana

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 MANDANIUS declaring the action of the respondents in proceeding with the demolition of the houses of the petitioners i.e., H.No 7-60 (5-98), H.No.7-41 over the Plot No 6/P H.No.7-38 and H.No.7-56 in Sy.No 244 situated at lsnapur Village, Patancheru ItIandal, Sangareddy District for the purpose of road widening of National Highway 65 from Hyderabad to Sangareddy, as iltegal, arbitrary, null and void and violatron of Article 300-A of the Constitution of lndia and against to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) and consequently direct the respondents to initiate the land acquisition proceedings before the demolition of the above said houses of the petitioners for the purpose of road widening of National Highway 65. lA NO: 1 OF 202!; 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 direct the respondents not to demolish the houses of the petitioners i.e., H.No.7-60 (5-98), H.No.7-41 over the Plot No.6/P, H.No.7-38 and H.No.7-56 in Sy.No.244 situated at lsnapur Village, Patancheru Mandal, Sangareddy District for the purpose of road widenrng program of National Highway 65, pending finalization of the Writ Petition. Counsel for the Petitioner: SRI NARENDAR JALLI, Sr. COUIISEL Counsel for the Respondent No.1, 4, 5 & 6: SRI SOMU SRINIVAS REDDY, AGP FOR LAND ACQUISITION counsel for the Respondent No.2 & 3: sRl M.RAMU, SC FOlt NHAI Counsel for the Respondent No.7 to 9: SRI R.POOLSINGH NAIK, GP FOR ROADS & BUILDING The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.25954 of 2025 ORDER Heard Sri.Narendar Jalli, learned senior counsel for the petitioners and Sri.Somu Srinivas Reddy, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1,4, 5 and 6, Sri.M.Ramu, learned standing counsel for NHAI appearing respondent Nos.2 and 3 and Sri.R.Poolsingh Naik, learned Assistant Government Plcader for Roads and Building appearing for respondent Nos.7 to 9. With the conscnt of the parties, the writ petition is bcing taken up for disposal at the admission stage itself.

2. 'Ihis writ petition is filed seeking to declare the action of thc respondents ln proceeding with the demolition of the houses of the petitioners i.e Il.No.7-60 (5-98), H.No.7-41 over the Plot No.6/P, FI.No.7-38 anti H.No.7-56 in Sy.No.244, situated at lsnapur Village, Patanchcru Mandal, Sangareclclv District, for the purpose of road widening of National Highway 65 from Hyderabad to Sangareddy, as illegal, arbitrary, null and void and violation of Article 300-4 of the Constitution of India and against to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rchabilitation and Rescttlernent Act,2013 (RIjC'ILARR Act. 2013) and consequently direct the respondents to initiate the land acquisition proceedings before the demolition of the above said houses of the petitioners for the purpose of road witlening of National Highway 65.

3. Today when the matter has been taken up for hearing, learned senior counsel appearing for the petitioners submits that in similar circumstance this Court in W.P.No.16889 of 2025 dated 01.17.2025, passed the following order:- \ t' I " 3. Learned (iovernment Pleader for L(rnd Acquisition pluced w"itten instruclions of lhe Execuiive Engineer (R&B), NI/-Division, Hyderahud respondenl No.9, whcrein it is stated as.fctllows: "llrith relbrence to the subjecl cited, it is to submit that, the Mittistr.l' oJ Road transport and llighways, Government ef Indian has sunctiott accorded the u,ork "Six Lanning of Pune Hyderabud Section of NH-65.fi'om Km 493/00 to 52*00,.front Sungareddy .Y road lo Madinaguda (Excluding BHEL Flyot'er .from Km -t2(y000 ro 521/650) under NH(O) EPC mocle in rhe stale o1''li longana under Annual Plan 2022- 23 t,ide rei'rence l cited. I hunthly subnit that thc stope of work has becn t:panded front a 4-lune road to a 6- lane road, including service roods of 4/6 lancs dulyfollou,ed the opproved alignment of the ,\4inistry tf Road 'l'ransport & Highways (MORT&H). The work v,ill be executed cntirely within the existing Right of Way (ROfi/l of 200 feet-i.c., 100 feet on either sidc of the existing centcrltne. The existi,lg .\iational llighway-65 (Pune-Hyderabad section), previousll' de.rignated as NH-9, has an established ROl4' of 200'- 00.fbel, sittct ils.fornrution. It is to submit lhat, the Pcritioners' ./iom ,Sl.lt'o. I to 5 land is located in Survey No.535lA/1, ol Muthongi l/illuge, Pulanclteru Mandal, Sangareddy Disrricl, and is adjucettt to the Pune-Hyderultud seclion of National lliglmay 65 @fl-6i). Specifcally, the land is situated at KM 509/300 (Left-lluul Side of the Highv'ct), next to the HP Pttroleunt Retail Oullet. The Petitioners from Sl.No.6 to 7 land is ktcated in Survel, No.339/AA, of Rudraram Village, Patancheru -Vandal, Sangarcddv District, and is adjacent to the Pune- Ib',lerabad sectiort of .Yorional Highway 65 (NH-65). Specificalllt, rhtt land is situatcd ur Ktl 503/680 (Left-l[and Side of the Higln ay. The stnrclurcs t'ortslrucled adjacenl to lhe Petitioners' land and in lhe surrounding Mttthangi village orea have obtained the n(cessary buiIding tonstruclion permissions. The conslruction plans re.flecl NH-65 a: lteing 200 feet wide, and all buildings u,ere conslrutlt'd ntore thon 100 .feet atray from the center of tlte road, it't (:onq)liLnLa y'ith Ihe opprovd setback guidelines. A.s sean in the provided photographs, the temporary slructures. Hindustan Petroleunt Retail Outlet, and other adjacent lruildings maintuinecl this 100-foot tlistance from the road center in Muthangi village and Bharat Petroleum Refail Outlet, ortd other adjacut buildings maintained this 100-foot distance Jrom the road center in Rudraram village limits abutting lo lhe National Highu'u.y 65 Further, I humble submit that the l,and of Petitioner'r Ji'om Sl.No.l to 5 is located more than l00Jbet away frotn road cL:nter.os the HMltlSB Manjeera pipe line i:' loc.ated . -adjaccnt to tlie National Highway -65 and after Manjeera Pipe line road the Petitioners land is located os seen jom the Pholographs oll the structures are located more than 100 feet fi'om road ienter and at this localion the Service road i,s lackled within the ROW tf NH 65. Similarly, the Land belongitt.q to the Pelilioner's in Sl.No 6 to 7 with Commercial activiries are located 100 Ji,et away from road center and the widening work is being tLrketwp 'teithin the 200 Feet ROW of the NH -65. 4s such I -) the petitioners' claim is unjustified, and their deliberale obstruclion is causing unnecessary delays in the project's progress. Such delays may resull in arbilralbn claims by the executing agency due to the nonavailability of land, thereby hindering the timely completion of the project. In view above, I respectfully submit that the widening work will be taken up within ROW of 200-00 feet on Pune Hyderabad Road section of NH 65 and the department never take up any work outside ROW. Further, I submit to stale thdl if any privale land require<l outside ROW, then this ffice u,ill follow the due procedure ./br lund acquisition as per National Highways Acl.:.'

1. Recording the said instructions and with the consent oJ both porties, this u,ril petition is disposed of directing the respondenls to follov, due process of law before initidling dny dction on lhe petitioners' property. There shall be no order as lo costs. " J. Learnetl counsel for the petitioncrs further pray this Court to pass sirnilarr orders as passcd in W.P.No.16889 of 2025 clated 01.07.2025.

5. Learned Assistant Government Pleader and learned standing counsel appearing for respondents did not dispute the same.

6. Recording the submission made by learned counsel appearing on either sitlc and in tcrms of order passed by this Court in W.P.No.16889 of 2025 clated 01 .07 .2025, this writ pctition is disposed of directing the respondent authorities to follow clue proccss of law before initiating any action on the petitioners' property.

7. Accordingly, this writ petition ls disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs I j To, //TRUE COPY// SD/-K. S REE RAMA MURTHY PUTY REGISTRAR SECTION OFFICER 1 The Principal Sgcre-tlry, Revenue Department (Land Acquisition), Secretariat, Hyderabad. State of Telanqana.

2. The Regional Officer, National Highway Authority of lndia, Regional Office, Hyderabad, O/o Ministry of Roads Transport and Highways (IVIORTH), Erramanzil, Hyderabad 500082

3. The Project Director, National Highway Authority of lndia, Oio. Backside of Zilla Parishad Sangareddy, PIN - 50200't

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

6. The Tahsildar, Patancheru Mandal, Sangareddy District. 7. The Engineer-in-Chief, Roads and Buildings, NH Circle, Erramanzil Colony, Telangana State.

8. The Superintending Engineer, Roads and Buildings, NH Circle, Erramanzil, Hyderabad -500082. L The Executive Engineer, Roads and Buildings, NH Circle, Erramanzil, Hyderabad - 500082 'l0.One CC to SRI NARENDAR JALLI, Advocate [OPUC] 11. One CC to SRI IV RAMU, SC FOR NHAI [OPUC] 12.Two CCs to GP FOR ROADS & BUILDING, High Court for the State of Telangana at Hyderabad [OUT] '13.Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana at Hyderabad [OUT]

14. Two CD Copies BSR BS v n \ .\ t { t HIGH COURT DATED: 0910912025 i' l, I t, ORDER ; \+: WP.No.26954 ot 2025 ti) ?, till ru5 ..s ': li !-t l-- '1, ,' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t \6Lqln