✦ High Court of India · 05 Mar 2025

High Court · 2025

Case Details High Court of India · 05 Mar 2025

ffiffi:w#gmffiffi Petiiion under Article 226 of the Constitution o{ lndia praying that in the circumstances stated in tnJ u*Ouun filed therewith' the High Court may be Direction more particularly one in the nature of action of the first respondent in trying to pleased to issue " Writ of Mandamus- i) to house bearing No 51- 5-322 constructed over dispossess the petitioner ';;;r. an area of 2420 Sq' V*Ot' situated in Sy No 501' Vangapahad village' Hasanparthy Mandal' *"'"n"' Urban District' along with open land for the Highway No 202 (New NH No'163) without purpose of laying tou' r"n" of the land acquisition initiating land acquisition proceedings or showing. the..r]o"t proceedings by the respondent No' 1 and without paying any compensation to her and the consequential in'Aion on the part of fourth and first respondents in not 16 and 4 2-2017 as illegal arbitra{y' uniust considering her request out"O tn'" apart from violative of principles of natural justice and ii) to consequently to direct "f'f"tional 'O 'n *- !,: !,:; i-_ic._ the responderrts 10t to dispossess the petitioner from her h,use bearing No. 515- 322 constrtcle,J over an area of 2420 Sq. yards situated in Sy.No. 501, VangapaharJ \,.illage, Hasanparthy Mandal, Warangal District, along with open land without initia tir ! land acquisition proceedings and iwithout paying any compensation un,J,-.r the Land Acquisition Act. l.A. NO: 10F 2017(WPM P. NO: 9646 OF 20171 Petition unrrer section 151 cpc praying that in the circumritances stated in the affidavit firc'd i r support of the petition, the High court may be preased to direct the respondonls rct to dispossess the petitioner from her house t:earing No. 51-5- 322 construct(:d over an area of 2420 Sq. yards situzrted in Sy.No. 50.1, Vangapahad ,,rllage Hasanparthy Mandal, wararigal Urtran District, without paying comperrsati.n to her by incruding the same in the acqr-risiticrn proceedings. lA NO: 1 oF 201ti Between: The Proj,,:c- lrrector, Na.tional Highway Authority of lndia Bal;,rsamudram. Hanmak n, j I warangat UrUan disiiit,'ff-VtJraOaO. ' yJ"'J:,,, i] :l'rll,, "Ul? " AND ...pETtTIOI.IER/RESp. No.2 T.'j:Hfl,,i, A3it, lfr, [?iJ] i u?L",i l,.,i,i?li re, Rvo ...RESPONDEN'I-/vl/R IT PETITIONER

2. Th-e ccmpet,)rrt Authority Land Acquisition officer-cum- F:ever ue Divisionar ^ Officer V,arr ngat. Warahgal UrUari OisiriCt.- 3. Union of rctr I Shipping, Road Transport and Highways, ,Dep.lrtment of RT 4. fhe Drs;tr:t (i)llector, Warangdl, Warangai 0rbdn District 5. The Stirt,, o' Telanganl Roads and Builtings Department, Se,lretanat rJurtorn{,s F,}derabad. Rep. by its principal Secreiary. and Hr<yh ,vays r. New Delhi, Rep. by it's Secretari '-- ..,RESPON DENTS/RESPS Petitior u rcir,r Section 1 51 CpC praying that in the circ Jmslances stated in the affidavit file,i ir support of the petition, the High courl may be pleased to vacate the l6rgr p-l 6,;fls1 dated 08.03.2017 in Wp.Mp.No 9646111017 passed in WP.No. 7819t2(11'; 3:xr:lr:rffi i,llif ifi il#i*f#,i.ndfffl stif'[x'*",'l: 3:xH:i[]tffi [::B:ll3llI3:i,3r:tt";i,*';:l*lltfiu'^ counsel for the Respondent No'5: CpiOn ROIOS & BUILDINGS w.P. NO: 7900 0F 2017 Between: SmtKaridasu*q9n'J'"Hl?,Y'[39,frT"r?r*"rl]i,t'f -'"":."";:;:"J: Village, HasanParthYlt'o'"-,o.' -;_; l+ffiHru:wHlrgffi-+#,'**;: 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 Writ, Order or Direction more particularly one in the nature of lN of Mandamus- i) to declare action of the first respondent in trying to dispossess the petitioner from her house bearing No'51- 5-224 constructed over an area of 1028 Sq. yards, situated in Sy'No' 516' Vangapahad village' Hasanparthy Mandal' Warangal Urban District' along with open land for the purpose of laying four lane of National Highway t'to'ZOZ (New NH No 163) without initiating land acquisition proceedings or showing the house in the land acquisition proceedings by the respondent No. 1 and without paying any compensation to her and the consequential inaction on the part of fourth and first *t:""::.llt-.':,^,::' considering her request dated 19'12'20 16 and 4 '2'2017 as illegal arbitrary' uniust apart from violative of principles of natural justice and ii) to consequently to direct the respondents not to dispossess the petitioner from her house bearing No' 51-5- 324 constructed over an area of 1028 Sq' yards situated in sy No 498' Vangapahad village' Hasanparthy Mandal' Warangal District' along with open land iL without inil a.:i r 3 land acquisition proceedings and compensatlon L nder the Land Acquisition Act. wil lout paying any t.A. NO: tl olF 201 7(WP MP. NO : 9742 OF 20171 Petitior under section 151 cpc praying that in the r:ircurnstances stated in the affidavit f rec ,n support of the petiton, the High court nay be preased to direct the responC€nts not to dispossess the petitioner from her hcuser bearing No. 51_5- 324 construr.:te,( over an area of 1O2g sq. yards situiated in Sy. No. 516, Vangapahad !'i rage, Hasanparthy Mandar, warangar Lrrban District, without paying compr;,n:;,ttion to her by including the same in the acquisil.ion .proceedings. lA NO: 5 OF ll01;l Between: I1}:j3l5iiil'ffu:ilri..Tl8:f'or India, Hvderabad, rep by' its project AND ...PETITIONERYRESP. NO.2

1. 9Tt. K;rlrcti,s;u Madhavi w/o Vinod Kumar, Occ ^ vrtage.'irl,;:;;;;ffi; mandar, warangar uru"n ol]to#ii,,vife, 2' The co'1E(r:nt nutrioritv r-q1q 4cquiiitoi'ffitzr-"rr-, Rerenue Divisionar -D;ti;;i"","" . pfficer lA/ a " - Wara'ngaI U.b;; .zrngaI R/o Vansapahad -i iil,,,iqtr5tri3gi,i{pffi {": ;,::' ; ffiili ...RESPONDENTS/RESPS Petition Lrnder section 'r51 cpc praying that in the cirr;ums;tances stated in the affidavit fik,rd 6 sgprorl of the petition, the High Court ma,,, be pleased to vacate the int€)rirr order Dt:08-03-2017 passed in w.p.Mp,No 9742 t 2017 in W.P.No. 7900 of t2r) t7 Counsel for the F,( titioner: SR.t NANDIGAM KRISHNA RAO, .SENtOR COUNSEL counset for rher Ftr soondenr Counset for ther Fe soondent No.2: snr ruaorifrdiilRAMU, sc tFoR NHA. Counset for the, Respondent No.3: SRt GAEi pp;+EN KUMAR, Dy. counse r ror th e Re s ponde nt No. 5 : The Court made th ) following: COMMON ORDER !os.1 & 4, Acplbi'ilND ACeUlstTtON ;3HR'J:Ef*=[ffi ,,nE,lrb,o "" HON, BLE SRI JUSTI J. REENTVAS RAO WRIT PETITIO N l{os.78 19 and 7900 of 2Ot7 COMMON ORDER: ' In these two writ petitions, the petitioners have questioned the action of respondents in dispossessing them from their houses i.e., house bearing No'51-5-322 constructed over an area of 2420 square yards in Sy.No'SOl situated at Vangapahad Village Hasanparthy Mandat, Warangal Urban District along with open land and house bearing No'51-5-324 constructed over an area of 1028 square yards in Sy'No'516 situated at Vangapahad Village' Hasanparthy Mandal, Warangal Urban District along with open land respectively, for the purpose of laying the four lane National Highway No.2O2 (New National Highway No' 163)' without initiating the tand acquisition proceedings, as required under the provisions of the National Highways Act, 1956 (hereinafter referred to as 'the Act') and without paying compensation'

2. Heard Sri Nandigam Krishna Rao' learned Senior Counsel appearing on behalf of the petiti'oner' Sri M'Ramu' learned counsel appearing on behalf of respondent No'2' learned Assistant Government Pleader for Land Acquisition appearing on behalf of d 4 and the learned Assistant Government respondent Nos. 1 an 2 : ,EEe Plead er fo. Roads and Buildings appearing on betralf of respondent No.S in bcth the writ peti[ions.

3. Lr:arned Senior Counsel as well as the 1oarn(:d Assistant Governrne:rrl pleader for Land Acquisition subrnitt,::d that t]le responderrt authorities have initiated the proceeding;s exercising the pow,--rs conferred under the provisions of the Act axd passed the arva:rd. pursuant to the said award, respon,lent authorities have deJ:,o,s ted the amount in favour of the petitioners as per their entitlerrt(rnt By virtue of the same, the cause in both the writ petitions df 3s not survive

4. Fae,.ror,ling the above said submission, both tt.e w::it petitions are closed. Ilowever, the petitioners in both the writ pl:titions are granted l:rbt:i.ty to avail the remedies available under the law, if an1; other cause ,:;<ists No order as to costs. Pen Cir,; p, miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/.S . MALLIKARJUNA RAO .\A $tsrnnl REGISTRAR S .--.€-=- To \ ,,{ sEcfloN oFFtcER Telangan,e, at Hyderabad. [OUT]

1. One CC t,r llill NANDTGAM KRTSHNA RAO, Adybcate [OpUC;l 2. Two CCs to Op FOR ROADS & BU|LDINGS, High Court rbr fl"i: State of 3. Two CCs to (if, FOR LAND ACQU|S|T|ON, High Court for the State of 4. One CC t,:r l)lil GADI PRAVEEN'KUMAR, Dy. SOLtCtTOIt GE:NERAL OF |NDIA [OF]U( l 5. One CC: tri S;ttt MADTSHETTY RAIVU, SC FOR NHA| tOpUCI 6. TWo CEr C)opies Telangan,r, ar Hyderabad. [OUT] PSK. GJP Ru-- HIGH COI.,RT DATED:0{il03t2025 l l I f I COMMOIN ORDER WP.Nos.7819 AND 7900 of 2017 1-=-^ ri ,a '. ,'a. t rli: J f4 ,c (, I. z "o\\ \'l 2 5 ,lulr M \ -t/ CLOSING ()F THE WRIT PETITIONS WITHOUT (]OSTS f A \ :ft\< )tf-- i l

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