IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.19639 and 4400 of 2008 1. WRIT PETITION NO.19639 of 2008 Between: 1 P.Sayanna S/o.Sayanna R/o.Kissan Nagar Village, Balkonda Mandal, Nizamabad District. 2 J.Rajeswar S/o.Posetti R/o.Kissan Nagar Village, Balkonda Mandal, Nizamabad District. 3 A.Chinna Hanmanlu S/o.Sayanna R/o. Balkonda Mandal, Nizamabad District. 4 Gopu Raju S/o.Nadipi Mallaiah R/o. Balkonda Mandal, Nizamabad District. 5 Narla Hanmanlu S/o.Pedda Gangaram R/o.Vempalli Village, Balkonda Mandal, Nizamabad District. 6 Sunkari Bhoomanna S/o.Muthanna R/o.Vempalli Village, Balkonda Mandal, Nizamabad District. 7 T.Rajeswar S/o.Narasimhulu R/o.Vempalli Village, Balkonda Mandal, Nizamabad District. 8 Golla Bhojamma W/o.Yerranna R/o.Vempalli Village, Balkonda Mandal, Nizamabad District. ...PETITIONERS AND 1 The Ministry of Shipping and Road Transport Highways Rep. by its Deputy Secretary, Sastry Bhavan, New Delhi-1. 2 The National Highway Authority of India rep. by its Project Director, Project Implementation, Unit, 1-3-124/B, Sastry Nagar, Nirmal, Adilabad District. 3 The District Collector, Nizamabad, Nizamabad District. 4 The Revenue Divisional Officer, Nizamabad, Nizamabad District. 5 The Hindustan Construction Company Limited rep. by its Project Manager, Kisan Nagar, Balkonda Village & Mandal, Nizamabad District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in interfering with the petitioners rights over the lands in small extents ranging from an extent of Ac.0.13 cents to Ac.1.00 cents etc., in Sy.No. 380, 387, 407, 1253, 1322, 194, 224, 348 and 349 of Kissan Nagar, Balkonda and Vempalli villages respectively of Balkonda Mandal, Nizamabad District, belongs to the petitioners, for formation of Four Lines Highway without disposing of the objections submitted by the petitioners and the other aﬀected ryots on 22.07.2008 and 29.07.2008 as arbitrary, illegal, contrary to the procedure envisaged under the provisions of the National Highways Act, 1956 and violative of the fundamental and Constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the petitioners rights over the lands in small extents ranging from an extent of Ac.0.13 cents to Ac.1.00 cents etc., in Sy.No. 380, 387, 407, 1253, 1322, 194, 224, 348 and 349 of Kissan Nagar, Balkonda and Vempalli villages respectively of Balkonda Mandal, Nizamabad District, belongs to the petitioners and pass such other order or orders. Counsel for the Petitioners: MR.V.R.REDDY KOVVURI Counsel for the Respondents: GP FOR REVENUE 2. WRIT PETITION NO.4400 of 2008 Between: 1 Ummeda Poshetti S/o. Pedda Poshetti, R/o. Balkonda Village and Mandal, Nizambad District. 2 Yerram Devanna S/o. Poshetti R/o. Balkonda Village and Mandal, Nizambad District. 3 Yerram Pothanna S/o. Poshetti R/o. Balkonda Village and Mandal, Nizambad District. 4 Yerram Pedda Bhumanna S/o. Narasimhulu R/o. Balkonda Village and Mandal, Nizambad District. 5 Salli Poshetti S/o. Pedda Rajanna R/o. Balkonda Village and Mandal, Nizambad District. 6 Yerram Chinna Narasaiah S/o. Narasimhulu R/o. Balkonda Village and Mandal, Nizambad District. ...PETITIONERS AND 1 The Ministry of Shipping and Road Transport Highway Rep. by its Deputy Secretary, Sastry Bhavan, New Delhi-1. 2 The National Highway Authority of India Rep. by its Project Director, Project Implementation Unit, 1-3-124/B, Sastry Nagar, Nirmal, Adilabad District. 3 The Hindustan Construction Company Limited, Rep. by its Project Manager, Kisan Nagar, Balkonda Village & Mandal, Nizamabad District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of respondents in laying four lines Express Highway (N.H.-7) through the lands belonging to me and the other petitioners in Sy.Nos.1308 and 1321 of Balkonda Village and Mandal, Nizamabad District, leaving the lands which were sought to be acquired through the Notiﬁcation, dated 30.11.2007 published by the 1st respondent herein as arbitrary, illegal, highhanded and contrary to the procedure envisaged under the provisions of the National Highways Act, 1956 apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioners under Articles 14,21 and 300-A of the Constitution of India and consequently direct the respondents No.1 to 3 not to interfere with the rights of the petitioner over the lands belonging to them in Sy.Nos.1308 and 1321 of Balkonda Village and Mandal, Nizamabad District without following due process of law and pass such other order or orders. Counsel for the Petitioners: MR.V.R.REDDY KOVVURI Counsel for the Respondents: MR.S.S.VARMA (ADDL CGSC) The Court made the following: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.19639 and 4400 of 2008 COMMON ORDER: The petitioners own land, abutting National Highway No.7 at Kissan Nagar, Vempalli Village, Balkonda Mandal, Nizamabad District. The road is being developed into an express Highway. Notiﬁcations were issued under Section 3A and 3D of the National Highways Act (“the Act” for brevity) proposing to acquire the land belonging to certain others. Complaining that the lands of the petitioners, though not notiﬁed, are being utilized for laying the road, the petitioners ﬁled W.P.No.4400 of 2008. An order of status quo was passed on 20.09.2008. Thereafter, on 25.06.2008, the fourth respondent published notiﬁcation under Section 3A of the Act proposing to acquire the lands of the petitioners. The petitioners filed objections on 08.07.2008. The grievance of the petitioners is that even while their objections are under consideration and though no notiﬁcation under Section 3D is published in respect of their lands, the respondents are proceeding with the works on the lands of the petitioners. Heard the learned counsel for the petitioners, the learned Government Pleader for Land Acquisition and the learned Standing Counsel for the second respondent. W.P.No.4400 of 2008 has become infructuous in view of the subsequent developments namely issuance of Section 3A notiﬁcation on 25.06.2008 and therefore, it is dismissed as infructuous. It is not in dispute that a notiﬁcation under Section 3A of the Act was published on 25.06.2008. With this, vis-à-vis the lands of the petitioners, the proceedings have commenced. They have also made a representation on 08.07.2008 comparable to the one under Section 5-A of the Land Acquisition Act, 1894. The petitioners can be said to have settle their grievance, if only a notiﬁcation under Section 3D of the Act is published, ignoring their objections. It is represented that a draft declaration under Section 3D of the Act was forwarded on 06.08.2008 and the competent authority is yet to publish the notiﬁcation. The occasion for the respondents to utilize the lands of the petitioners for laying of the roads would arise only after the declaration is published. Therefore, the Writ Petition is disposed of directing the respondents not to under take any work over the lands of the petitioners unless and until a declaration under Section 3D of the Act is published in pursuance of the notiﬁcation under Section 3A of the Act dated 25.06.2008. _____________________ (L.NARASIMHA REDDY, J) 22nd September 2008 RRB