IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15642 of 2008 Between: 1 P.Sayanna S/o.Sayanna R/o.Kissan nagar village, Balonda Mandal, Nizamabad District 2 J.Rajeswar S/o.Posetti R/o.Kissan nagar village, Balonda Mandal, Nizamabad District 3 A.Chinna Hanmanlu S/o.Sayanna R/o. Balkonda Balonda Mandal, Nizamabad District 4 Gopu Raju S/o.Nadipi Mallaiah R/o. Balkonda Balonda Mandal, Nizamabad District 5 Narla Hanmanlu S/o.Pedda Gangaram Vempalli village Balonda Mandal, Nizamabad District 6 Sunkari Bhomanna S/o.Muthanna Vempalli village Balkonda Mandal, Nizamabad District 7 T.Rajeswar S/o.Narasimhulu Vempalli village Balkonda Mandal, Nizamabad District 8 Golla Bhojamma W/o.Yerranna 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 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 Notification dated 25.6.2008 issued by the 1st respondent under section 3-A of the National Highways Act,1956 as arbitrary, illegal, colorable exercise of power and violative of the fundamental and Constitutional rights guaranteed to the petitioners under Article 14,19,21 and 300-A of Constitution of India and consequently set aside the same and pass Counsel for the Petitioner: MR.V.R.REDDY KOVVURI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 15642 of 2008 O R D E R: This writ petition is filed seeking a declaration that the notification dated 25-06-2008 issued by the first respondent under Section 3-A of the National Highways Act, 1956 (for short ‘the Act’) is arbitrary and illegal. The petitioners claim to be the absolute owners and possessors of small extents of land situated in Sy.Nos.380, 387, 407, 1253, 1322, 194, 224, 348 and 349 of Kissan Nagar, Balkonda and Vempalli Villages respectively of Balkonda Mandal, Nizamabad District. It is not in dispute that the 1st respondent earlier issued a notification dated 8.9.2007 under Section 3-A of the Act proposing to acquire the lands mentioned thereunder for formation of four- lane road on N.H.7. Pursuant thereto, though the owners and possessors of the lands sought to be acquired raised their objections, the 1st respondent rejected the same and consequently the notification under Section 3-D of the Act was published on 30.11.2007. The writ petitioners claimed that their lands situated with the survey numbers mentioned above were not the subject-matter of the notification dated 30.11.2007. However, it is alleged that the respondents were attempting to lay the road through the lands of the petitioners instead of the lands which were the subject-matter of the notification dated 30.11.2007. Aggrieved by the same, the petitioners filed W.P.No.4400 of 2008 and this Court by order dated 29.2.2008 directed that Status Quo shall be maintained. Thereafter, according to the petitioners, a meeting was conducted by the officials of the 2nd respondent in the office of the Joint Collector, Nizamabad and, having considered the grievance of the petitioners, the Joint Collector instructed the Assistant Director (S & LR) to prepare revised sub- division record as per the original alignment. The said instructions issued by the Joint Collector were confirmed by the Revenue Divisional Officer, Nizamabad vide his letter dated 5.3.2008 addressed to the 4th respondent herein. While so, the impugned notification dated 25.6.2008 was issued by the 1st respondent proposing to acquire the lands belonging to the petitioners for the very same purpose of widening / four-laning of N.H.7. The said action of the 1st respondent is questioned in this writ petition contending inter alia that the proposed acquisition is contrary to the directions issued pursuant to the meeting held in the office of the Joint Collector, Nizamabad. It is also alleged that the impugned notification was issued at the instance of the persons, whose lands were already notified for acquisition, so as to protect their lands at the cost of the petitioners, who are poor and small farmers. I have heard the learned counsel for the petitioners as well as the learned standing counsel appearing for the respondents 1 and 2. At the outset, it is to be noted that under the impugned notification dated 25.6.2008, which was issued under Section 3-A of the Act, the persons interested were called upon to submit their objections to the usage of the land in question for the purpose specified. Hence it is always open to the petitioners, if aggrieved, to raise all objections to the proposed action including the objections raised in the present writ petition. Unless such objections are considered and a notification is made under Section 3-D of the Act, the petitioners cannot be said to be aggrieved. Hence, the present writ petition is premature and the interference by this Court at this stage is not warranted. In the circumstances, leaving it open to the petitioners to submit their objections before the Authorized Official, this writ petition is disposed of. No costs. ______________ G. ROHINI,J Date: 22-07-2008 Note: Issue C.C. in two days. B/o KLP