IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11441 of 2008 Between: 1 M. Venkateswar Rao S/o. M. Parvaiah R/o. Plot No. 149, Vesavi Nagar Colony, Karkhana, Secunderabad. 2 M. Srinivas S/o. M. Sekaraiah R/o. Flat No. 301, Jyothi Apartments, Mahesh Nagar, E.C.I.L., Post, Hyderabad. ..... PETITIONERS AND 1 The National High Way Authority of India, P.I.U., Hyderabad, Having Office at Castle Hills, Masb Tank, Hyderabad. Rep. by its Project Director. 2 The Executive Engineer, Roads and Buildings ( N.H.Division), Medak Dist. .....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 any appropriate writ, order or direction more particularly one in the nature of writ of mandamus by declaring the action of the Respondents in seeking to acquire the lands of the petitioners admeasuring the Ac. 0.12 gts, and Ac.0.15 gts, in Sy.Nos. 134 and 135 respectively situated at Manoharabad Village, Toopran Mandal, Medak District, High Handedly and without notice as illegal, arbitrary and without jurisdiction, violating the principles of natural justice guaranted under the constitution of India and pass Counsel for the Petitioners: MR.V.RAMAKRISHNA REDDY Counsel for the Respondent No.: M/SC.KODANDA RAM The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are two in number, assailing the action of the respondents in trying to dispossess them without following the due process of law. Rule Nisi came to be issued on 28.05.2008. An interim order came to be passed on the same day in WPMP No.14809 of 2008, which reads as hereunder. “There shall be interim direction to the respondents not to dispossess the petitioners from their agricultural lands admeasuring Ac.0.12 gts and Ac.0.15 gts in S.Nos.134 and 135 respectively, situated at Manoharabad Village, Toopran Mandal, Medak District pending further orders, provided no notiﬁction has been issued in respect of their lands, under any Act, for the time being in force.” The respondents entered appearance and ﬁled counter aﬃdavit. They also ﬁled W.V.M.P.No.2123 of 2008 with a prayer to vacate the interim order dated 28.05.2008. When the vacate stay petition is came up for consideration, with the consent of the parties, the writ petition itself is taken up for final hearing. The learned counsel appearing for the petitioner submits that by the time the petitioner approached this Court, the petitioners were not aware of the fact that the respondents are initiating proceedings for acquiring the land under the provisions of the National Highways Act, 1956 (for short ‘the Act’). A further submission has been made that the very acquisition of the land under the provisions of the Act is not legal and proper. Learned counsel appearing for the respondents submits that a notiﬁcation under Section 3-A of the Act has been issued by the Government of India proposing the acquisition of land for the purpose of building (widening/four-laning, etc.,) maintenance, management and operation of National Highway No.7 (Nagpur-Hyderabad Section) on the stretch of land from km.429.000 to km.447.000 in Medak District. It is further submitted that the petitioners have got a right to put their objections under Section 3-C of the Act. For better appreciation, I may refer Section 3-A and Section 3-C of the Act, which reads as hereunder. “Section 3A. Power to acquire land, etc. – (1) Where the Central Government is satisﬁed that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notiﬁcation in the Oﬃcial Gazette, declare its intention to acquire such land. (2) Every notiﬁcation under sub-section (1) shall give a brief description of the land. (3) The competent authority shall cause the substance of the notiﬁcation to be published in two local newspapers, one of which will be in a vernacular language.” “Section 3C. Hearing of objections. – (1) Any person interested in the land may, within twenty-one days from the date of publication of the notiﬁcation under sub-section (1) of Section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section. (2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections. (3) Any order made by the competent authority under sub-section (2) shall be final.” Under Section 3C of the Act, the aggrieved party can submit his objections to the competent authority. The reason for the petitioners to approach this Court is that they are likely to be dispossessed from the lands in their possession without following due process of law. The apprehension of the petitioners is not well founded. Since respondents 1 and 2 issued notiﬁcation under Section 3A of the Act, the petitioners are at liberty to ﬁle their objections within a period of two weeks from the date of receipt a copy of this Order. Therefore, the writ petition is de void of merits and the same is accordingly dismissed. _________________________ (B. Seshasayana Reddy, J.) 28th August, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The National Highway Authority of India, P.I.U. Hyderabad, having Office at Castle Hills, Masab Tank, Hyderabad. Represented by its Project Director. 2 The Executive Engineer, Roads and Buildings (N.H. Division), Medak District. 3 2 CD copies.