High Court · 2025

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the Hrgh may oe pleased to issue a writ of Mandamus of any other appropriate writ, order or Direction according permission to the peiitioner to acquire the folowing Endowment lands, in the interest of justice. 'cJurt IANO:1OF2 024 Petition under section 151 cpc praying that in the circumstances stated in the affidavitJiled in support of the petition, ihJHigr, court may o" pr"ri"Jio-pu,, interim relief granting permission to the petitioneito acquire the Endowment rands in Sy No. 73 to an extent of Ac 2-05 Gts situated at rrigipaily Viilage, srng"i"oov District and Ac 0-31 Gts in sy No. 313 situated radripaile viila{e, s"ndur"oov Mandal and District pending disposal of the main writ petition, ii the in6rest of justice. Counsel for the Petitioner: SRI MADISHETry RAMU, SC FOR NHAI Counsel for the Respondents: Gp FOR ENDOWMENTS The Court made the following: ORDER ,o HON'BI,E SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 34 373 0F 2024 ORDER: Petitioner - National Highways Authority ol lndia seeks, in this Writ Petition, permission for acquisition of Endowments land under RFCTLARR Act, 2013, to an ext'ent of Acs. 2.05 gu.ntas in Survey No' 73 of Irigipally \'rillage' Sangareddy Mandal and District and Ac'0'21 guntas in Survey No. 313 of Tadlapalle Village, Sangareddy District' Ttre case of petitioner is that they have taken up 2. development of Greenheld Regional ExpresswaS' on Northern side of Hyderetbad connecting from Girmapur Village (or NH65 at Chainagc Km. 492 + 2O0) in Sangaredcly District to Choutuppal (rrn NH 65 Chainage Km 55 + 400) in Yadadri Bhuvanagiri District uio Medak and Siddipet Districts' comprising total design length 158.645 kms' irr the State o[ Telangana under Bharatmala Pariyojana' For u'hich pt'rrpose' various prival-e tands that are being affected were acquirecl / being acqr-rirerl in accordance with the provisions of the I\fational Highways Act bv following procedure contained in Sections 3 A to 3-G of Nal.ional Highways Act. Pursuant to the notiflcation 2 dated 23.08.2022, ttre CALA requested the 3rd respondent _ Assistant Commissioner to provide the details of Endowments lands cove re d in the Regional Ring Road of lands under the acquisition for Sangreddy District uid.e letter dated

18.O7.2021.

3. Learned Standing Counsel for petitioner sri Madishetty Ramu has piaced on record the retLer dated 3O.O1.2025 addressed by the Collector & District Magistrate, Sangareddy to the Commissioner of Endowments Department requesting to accord permission to acquire the above said lands. The Commissioner, in turn, uide letter dated 3 I .OI.2O2S communicated to the District Collector stating that the Assistant Commissioner, Endowments Department, Medak expressed his willingness to acquire the said lancls on payment of Fair Compensation as contemplated under the Rights to Fair Compensation and Transparency to Land Acquisition Rehabilitation & Resettlement Act, 2013. karned counsel also placed on record the copy of the judgment of Division Bench in Writ Petition No. 1O964 of 2022, dated 08.09.2022 wherein based on the .no objection, given by the Endowments Department in terms of the order dated 3O.05.2006, permission W// was granted tc, petitioner for passing an Award in terms of the provisions of the 2O 13 Act as amended by the St:rte of Telangana bY lict 21 of 2O\7.

4. Con trary thereto, learned Governmettt Pleacler for Endoq,ments has brought to the notice of this Court order dated

30.05.2006 in W.P.M.P. No. 132O4 of 2006 in Writ Petiti'rn No' 10547 of 2OO(i passed by the Division Bench, which reirds as unde r: " ]'h s Writ Petition reveals a startling state of affairs The lands endowed to the retigious institutions which were safe and sr:cure during the alierr rule lor centuries together, became r.rtlncrable no orrl] to private cn'rroachments but even unlawful occupation b1 the Government. It \\'ils in this context that a Division Bench of this llourt passed an order on 07.06.2005 in WPMP No. 15O55 of20O5 in W l'. No. 11812 ol 2OOIi directing that no sale of endowment land shall be effected, r,rnthottt the permission of this Court, till further orders. It was also directccl that no compromtse shall be effected under Section 89 of the A.P. Charitable Hindu Religious [nstitutions and Endowmentrr Act, 1987 (for- shol t, 'the Act') till further orders. The sairf orders were modihed to the el'fect that if any sale becomes imminent, it shall be done -specihc and unequivocal only through ltblic auction- Despite such orders, the tal{ing over o[ possession of the lands beLonging to the templcs by the government continued. Re,rentty, correspondence ensued between District Collector of East Godavari and West Godavari District (Respondents 3 ancl 4) on the one hand and to the Commissioner of Endowments; on the other hand, in the rnatter of acquisition of endowment lands for pro','iding house sites. Representations were also made by petitioners herein io the Commissioner of Endowments, second respondent herein. The second respondent, in turn, addressed letter dated 27 -12.2OO5 to the District Collector, West Godavari District Stating that in view of the orders passed by this Court in WPMP No. 15055 of 2OO5 in Writ petition No. 11812 of 2005, any acquisition of endowment lands would be in violation of the said order. Further, the 2"d respondent addressed letter to the Secretary to Government, Revenue Department i-e. thc hrst respondent herein, on 20.05.2006, narrating the various facts and ultimately impressing upon him to exempt the lands belonging to the temples from acquisition. Despite the same, respondents 3 and 4 have proceeded to issue notihcations, under Section 4(1) of the Land Acquisition Act, proposing to acquire the lands belonging to varrous temples, that too by dispensing with the enquiry under Section 5(a) of that Act. The learned Senior Counsel submits that even for the lands that rvere acquired several years ago, the compensation has not been paid to the temples and that the present acquisitions of the temple lahds in the two Districts would be left without anv income. We are of the prima facie view that the various notifications issued by respondents 3 and 4 proposing to acquire the lands belonging to the temples, amounts to violation of the orders passed by this Court in WPMP No. 15055 of 2O05 in WP No. I 1812 of 20O5. Hence, the Registry is directed to issue notic'es to respondents 3 and 4, returnable in four weeks as to why the proceedings under the Contempt of Court Act shall not be initiated against them, for violating the orders in WPMP No. 15055/05 in WP No. 11812 of2005 dated 17.06.05 as modifled thereafter. We direct that pending further orders, there shall be stay of all further proceedings, in relation to the acquisition of lands belonging to the temples all over the State, at whatever stage they are and any deviation, in this regard, would per se be treated as contempt of Court." Y In view of the same, and also in view of the fact that 5. the order datec, 08 09 2 O22 in Writ Petition No' 10964 of 2022 was passed by the Division Bench' this Court is not inclilred to accept the contention of learned Standing Counsel for NHAI' For the reasons above, Lhe Writ Petition is liable to be clismisserd'

6. Needless to sav that petitioner may The Writ Petition is accordingly' dismissed' approach the D ivrsron Bench, if he is so advised' No costs 7 Consequently, Miscellaneous Applications' if any shall stand closed //TRUE COPY, DS A. V.S RE .PRASAD GISTRAR No REcFFo AS ( \ \ t ", J."& ),|Ai \?5 Bi"l " or rera n g a n a' lffi €*'+:,q:H?''nBril#$"s To

1. 2. 3 PSK. GJP {ry HIGH COURT DATED:0310212025 ORDER WP.No.34373 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS 6 ( ? a o -2--::--5 1 r.E SI"1 )'1' 2 2 riAi 2025 z c 4 l.' ,;.q^r1r,u6! a