Syed Zafarulla v. The Union of lndia

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 toto issue a writ more particularly in the nature of Mandamus declaring the action of the respondents more particularly that of respondent No. 2 and 4 and their subordinates in seeking to demolish a portion of the subject property under the guise of proposing to widen the national highway without any prior notice or without paying any compensation is challenged in this writ petition as being illegal, arbitrary and violative of Articles 14, 19 (1) (g), 2'1 and 300-A of The Constitution of lndia consequently direct the respondents not to demolish any portion of the premises consisting of malgies on the ground floor plus 2 floors bear:ing municipal Nos.3-1ll., 3-112,3-113,3-1 .14,3-115 forming part of Sy No. 627 situated at Yellareddy Town, Kamareddy District without following due process of law. lA NO: 1 OF 2025 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 I I / / / direct the respondents not to interfere with my possession over premises consisting of malgies on the ground floor plus 2 floors bearing municipal Nos.3- 111,3-112,3-1l3, 3-1 I 4,3-115 forming part of Sy No.627 situated at Yellareddy Town, Kamareddy District. Counsel for the Petitioner : SRI MR VIJAY B PAROPAKARI Counsel for the Respondent No 1: Deputy Solicitor General of lndia Counsel for the Respondents No 2 To 4'. GP FOR REVENUE Counsel for the Respondent No 5: GP FOR ROADS AND BUILDINGS The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA IVRIT PETITION No.32596 of 2o25 ORDER: Petitioner seeks a writ of Mandamus declaring the action of Respondent Nos.2 arid 4 in attempting to demolish part of the petitioner's property under the guise of National highway widening, without prior notice or compensation, AS illegal, arbitrary, and violative of Articles la, 19(1)(9), 21, and 300A of the Constitution of India, and directing the respondents not to demolish any portion of the petitioner's premises bearing Municipal Nos.31/ l-31 I 5, Sy.No.627, Yellareddy, Kamareddy District, without follor.r,ing due process of law.

2. Heard Mr.Vijay B.Paropkari, learned counsel for the petitioner, Iearned Government Pleader for Revenue, for respondent Nos.2 to 4 ald learned Government Pleader for Roads and Buildings for respondent No.5. Perused the record.

3. Learned counsel for the petitioner submits that petitioner is the owner ol land in Survey No.627 at Yellareddy, Kamareddy District, obtained conversion permission under the NALA Act in 2Oi0 and building permission from the Gram Panchayat in 2O1l to construct a ground plus two-floor building, which has 2 \ NBI{ J WP_1\"o 32596 2025 existed lall,{ully for over 13 years. The ground floor houses are commercial establishments rvhile the upper floors serve as the petitioner's residence. Authorities nolv propose to widen the highu,ary to 100 feet, alleging th::t a small balcony encroaches on the road margin. It is stated that no notice or acquisition proceedings $,ere initiated and that anv demolition without due process or compensation is illegal. When officials attempted to demolish the balcony on 24.10.2025 without notice, locals resisted. Hence, this Writ Petition.

4. Learned Government Pleader for Roads and Buildings submits that the petitioner's property along NH-765D (Medak- Yellareddy Road) was inspected ald found to encroach 4-6 feet into the lOo-foot Right of Way (ROW), with the building located 44 to 47 feet lrom the road center. It is stated that no notice or possession has been taken, and no violation of rights has occurred. Further, it is stated that compensation for land or structures will be provided only when lald acquisition for the road is undertaken under the National Highways Act, 1956. However, the petitioner's property falls within the 1OO-foot ROW on the left-.hand side of NFI-765D ar Medak-yellareddy, which constitutes encroachment. Consequently, compensation under 3 NBK J WP -No_32596 2025 / I I / the National Highways Act, 1956 is not applicable for structures lrocated within the ROW. The Authorities are following due procedure for eviction through the Revenue Authorities, and contends that the petitioner's allegations are false, praying that the writ petition be dismissed as devoid of merit.

5. Considering the submissions ol the learned counsel and 1 I upon perusal of the record, this Court finds that petitioner is lawful owner ol the property in question, constructed with va-lid conversion and building permissions, and has existed for over 13 years. The respondents have proposed demolition of a part of the property, claiming encroachment into the 1O0-foot Right of Way (ROW) ol NH-765D. It is noted that no notice or due process was provided to the petitioner before attempting demolition. While the respondents have a legitimate interest in maintaining the ROW, any action affecting private property must comply with the principles ol natural justice and statutory procedure. Therefore, this Court is of the opinion that the attempted demolition of the petitioner's property without notice or due process is premature and cannot be sustained. / 4 NBK J WP No 32596 2025 ,t

6. Accordingly, this Writ Petition is disposed of directing the respondent Nos.2 to 4 not to demolish or remove any portion of the petitioner's property without providing prior notice and to follow, tire procedure under the National Highways Act, 1956, before taking any action. No costs. Pending miscellaneous applications, if any, sha.ll stand closecl. To, I SD/-P.C. SULEKHA DEVI \HI::G's'BrR-- SECTION OFFICER //TRUE COPY//

1. The District Collector, Kamareddy District, At Ka 2, The Revenue Divisional Officer, Yellareddy, Kamareddy District 3, The Tahsildar, Yellareddy Mandal, Kamareddy District 4. One CC to SRI VIJAY B PAROPAKARI Advocate [OPUC] 5. One CC to Deputy Solicitor General of India Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana At Hyderabad. [OUT]

7. Two CCs to GP FOR ROADS AND BUILDINGS ,High Court for the State of Telangana At Hyderabad. [OUT]

8. Two CD Copies D.N GJP AJf 1 I I HIGH COURT DATED .2911012025 ORDER WP.No.32596 of 2025 THE S o C) 1 DISPOSED OF THE WRIT PETITION WITHOUT COSTS ,$ ,*\\*