THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6130 of 2010 18.3.2010 Between: Yada Bhupathi, S/o.Rajesham and others …Petitioners and The District Collector (Panchayat wing), Karimnagar District and others …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6130 of 2010 ORDER: Petitioners 18 in number are residents of Tadoor village of Siricilla Mandal in Karimnagar District. They own houses in the Village. All the houses are adjoining and abutting the main road in the village. The respondents proposed to widen the road upto 24 feet. It appears that the Gram Panchayat – fifth respondent; passed resolution on 15.2.2010 wherein it was decided to invite objections from the owners of the houses abutting the road to be widened. In furtherance thereof, Panchayat Secretary issued notice to all the petitioners on 01.3.2010. English translation of one such notice issued to first petitioner (as supplied by petitioner) reads as under. G.P.1/2010-32 Office of Gram Panchayat, Tadoor, dated 01.3.2010 NOTICE Sub:- Regarding 24 feets road widening in Gram Panchayat, Tadoor Ref:- 1. Gram Panchayat Resolution, dated 15.2.2010. As per subject cited it is informed to you that under Gram Panchayat Tadoor the following H.No.1-21 to 1-40, 2-1 to 2-38 and 3-46 to 3-100 the passage of Road is quite small hence the villagers and Vehicles are facing problems, therefore as per ref. Cited it was resolved that roads are need widening for 24 feets. Your H.No.3-76 is under road widening. Some place is going under widening hence informing through this notice and issued the same. Hence if any objections are there you have to submit your objections after receipt of this notice within 15 days to the under signed officer. After lapse of the above specified time any objections cannot taken in to account and those objections are not valid, if any objections are not received within the specified time it will be treated that there are no objections and the widening work should be proceeded it is noticed that this notice is very urgent. Sd/- Panchayat Secretary, Tadoor Gram Panchayat, Siricilla Mandal. To Sri Yada Bhupathi S/o.Rajeshwar Copy submitted to:- 1. Mandal Parishad Development Officer, Siricilla 2. Divisional Panchayat Officer, Jagityol 3. District Panchayat Officer, Karimnagar All the petitioners filed this writ petition challenge the notices received by them. This Court heard the Counsel for petitioners, the Assistant Government Pleader for Panchayat Raj and the Standing Counsel for Gram Panchayats. This Court has repeatedly held that whenever road widening is taken up and the land is required for the same persons ion possession of the land abutting the road to be widened, whether they are owners and/or encroachers, a notice has to be issued seeking consent and if for any reason the owners are not willing to give consent for parting with their land, the authorities have to necessarily acquire the land under the provisions of the Land Acquisition Act, 1894 (the Act) (see Srichand Rohra v Commissioner, Municipal Corporation of Hydeabad[1]). Tested from this perspective, the impugned notice to my mind appears to be a letter not only inviting objections but also seeking consent from the petitioners, who are not willing to give their consent for various reasons including the reason that there is no necessity for widening the road as there is already a bypass road. When the petitioners are not willing, the only recourse is to proceed under the Act. Another complaint made by petitioners is that though they tried to serve the objections on the Panchayat Secretary of fifth respondent, he refused to receive the same and, therefore, they are forced to send the objections by registered post with acknowledgement due. When objections are invited and persons submit their objections, fifth respondent should accept the same and entire Gram Panchayat should consider the same. If there is objection for parting with the land, the land has to be acquired. Therefore, in stead of keeping the matter pending, the writ petitions are disposed of directing the fifth respondent to consider the objections made by all the petitioners before taking any further action. The writ petition is disposed of as above further ordering status quo as on today till objections are considered by Gram Panchayat. No costs. ________________ (V.V.S.RAO, J) March 18, 2010. YS [1] 2002(2) ALD 268