THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.22373 and 25468 of 2006 COMMON ORDER: The petitioners are employees of R & B Department of N.H.Division, Kamareddy, Nizamabad. National Highway No.7 passes through Kamareddy Town. Earlier, its width was 100’. Before the road entered into Kamareddy Town, there was a big curve. To straighten the road, alternative land was acquired and a new 200’ road was formed. Thereby, 100’ road in a curve is abandoned. In the recent past, a four-line road was constructed bypassing the town itself. The petitioners made representations for allotment of house sites on either side of the abandoned 100’ road. Correspondence ensued in this regard and the Chief Engineer (R & B), Hyderabad, respondent No.6 herein, has taken the view that unless necessary permission is accorded by the Government, the request of the petitioners cannot be acceded to. The petitioners seek a direction to the respondents to consider the representations for allotment of house sites on either side of 100’ abandoned National Highway. Respondent No.1 filed counter-affidavit stating that unless a policy decision is taken in this regard, the request of the petitioners cannot be acceded to. The Project Director, National Highway Authority of India, Hyderabad, respondent No.2 herein, in his counter-affidavit, stated that though the National Highway has been shifted to a different location, the abandoned road cannot be put to any other use. He has mentioned the gist of the letters that were exchanged in this regard. On behalf of respondents 3 to 5, a counter-affidavit is filed by the Mandal Revenue Officer, Kamareddy. He stated that the road in question has already become part of the master plan and that the Director of Town Planning has taken that into account, while approving the layouts in the immediate neighbourhood. It is also stated that substantial extent of land is earmarked for allotment of house sites to the Government employees and the case of the petitioners would also be considered for allotment of house sites. Respondent Nos.7 to 10 in W.P.No.22373 of 2006, the owners of the land abutting the road in question, opposed the writ petition stating that the layouts have been sanctioned on the basis that the road in question exists. It is also stated that quite a large number of houses and flats are constructed and that any allotment of the road as house sites would diminish the amenities to the persons living in the locality. Heard Sri V.Vishwanatham, learned counsel for the petitioners, learned Government Pleader for Revenue, learned Standing Counsel for the National Highway Authorities and Sri P.Krishna Reddy, learned counsel for respondent Nos.7 to 10 in W.P.No.22373 of 2006. It is, no doubt, true that the National Highway with a width of 100’ in a curved shape up to a distance of 2.2 k.ms. was almost abandoned by that department and in its place, a straight road with 200’ width was formed. The abandoned road may not be put to use at present as National Highway. However, it cannot be ignored that before it ceased to be a National Highway, it was connected with neighbouring place and even the lands abutting it were being served by it. Though the highway traffic may not be passing through that land, the owners of the property on either side are the villagers, will continue to use it. Respondent No.2 clearly stated that the place covering the said road was handed over to the State Government for maintenance, on condition that the schedule to the National Highways Authorities Act in which it is incorporated shall not be altered. It means that the road would continue to be in existence and shall be maintained by the State Government though not as National Highway. Another important fact which comes in the way of acceding to the request of the petitioners is that taking the said road into account, the Director of Town Planning has accorded sanction for several lay outs abutting the said road. Those layouts in turn open into the road. If plots are allotted over part of the road, the access will be adversely affected and the local residents will face problems. The lands, which were hitherto facing 100’ road would cease to have any access on account of allotment of house sites. The petitioners were not able to cite any precedent or proceedings of the Government, much less provision of law, which entitles them to be allotted land of that nature. This Court is of the view that no Government employee has a right to insist on being allotted a house site nor it would constitute a condition of service. Even where any proposal is mooted for providing house sites, they cannot insist on allotment of site at a particular place or location. At any rate, the grievance of the petitioners is almost redressed, since the revenue authorities have already made arrangements for allotment of house sites to the Government employees working at Kamareddy, as is evident from the counter-affidavit filed by the Mandal Revenue Officer. Therefore, the writ petitions are dismissed, however, by directing that the District Collector or the other concerned authority shall consider the case of the petitioners for allotment of house sites along with other eligible employees. There shall be no order as to costs. ________________________ L.NARASIMHA REDDY,J Dt: 22.04.2010. kdl