IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.3678 of 2008 Between: 1. Smt. Sulochana, w/o Sri Nemichand, r/o H.No.14-6-86, Chudi Bazar, Hyderabad. 2. Smt. Raj Kumari, w/o Sri Mahender, r/o H.No.14-6-86, Chudi Bazar, Hyderabad. 3. Sri Surender Chand, w/o Sri Kishore, r/o H.No.14-6-86, Chudi Bazar, Hyderabad. ... PETITIONERS AND 1. The Union of India, Ministry of Shipping, Road Transport and High Ways, New Delhi, rep by its Secretary 2. The Director, National Highways Authority of India, Hyderabad - Bangalore Section. 3. The Competent Authority (Land Acquisition) and Joint Collector, Mahaboobnagar District, Mahaboobnagar. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction in the nature of mandamus declaring the notification bearing SO No. 937 (E) dated 5-6-2007 (Annexure-A) as well as the notification No. 2225(E) dated 31-12-2007 (Annexure-C) of the respondents is illegal, arbitrary and ultra vires and powers of the Respondents under the National Highways Act 1956 and consequently declare all proceedings taken there under so far as the petitioners land bearing Sy.Nos.55/A, 55/AA, 55/E, 55/EE, 55/U and 55/UU of Thimmapur village, Kothur Mandal, Mahaboobnagar District are concerned, as unenforceable and consequently forbear the respondents from interfering with the petitioner's possession of the aforesaid lands and to pass such other orders. Counsel for the Petitioners. : Mr. M. PAPA REDDY Counsel for Respondent Nos.1 & 2. : Mr. C. KODANDA RAM Counsel for Respondent No.3. : GP FOR LAND ACQUISITION. The Court made the following: ORDER: Petitioners approached this Court and filed the present writ petition for a declaration that the Notification bearing S.ONo.937/E, dated 05-06-2007 as well as the Notification No.2225/E, dated 31-12-2007 issued by the first respondent as illegal, arbitrary and ultra vires the powers of the respondents under the National Highways Act, 1956 (for short, ‘the Act’) and consequently for a declaration that the proceedings taken therein insofar as the lands bearing Sy.Nos.55/A, 55/AA, 55/E, 55/EE, 55/U and 55/UU at Thimmapur village, Kothur Mandal, Mahaboobnagar District belong to the petitioners are bad and unenforceable and for a further direction to the respondents not to interfere with the petitioners’ peaceful possession of their lands. 2. Facts, in brief, are: Petitioners are the absolute owners of the lands in an extent of Acs.2-38 cents in Sy.No.55/A, Acs.2-38 cents in Sy.No.55/AA, Ac.1-19 cents in Sy.No.55/E, Ac.1-19cents in Sy.No.55/EE, Acs.2-39 cents in Sy.No.55/U and Acs.5- 38 cents in Sy.No.55/UU, situated in Thimmapur village, Kothur Mandal, Mahaboobnagar District. The grievance of the petitioners is that even though there is no Sy.No.55/2 at Thimmapur village of Kothur Mandal, the respondent authorities issued impugned Notifications mentioning Sy.No.55/2 and under the garb of Sy.No.55/2, the respondent authorities are proclaiming that they would survey their lands and would take possession of their lands. 3. Heard Sri Vilas V. Afzulpurkar, learned senior counsel appearing for the petitioners and Sri C. Kodanda Ram, learned counsel appearing for respondents 1 and 2 and learned Government Pleader for Land Acquisition for respondent No.3 4. The main contention of the learned senior counsel, Sri Vilas V. Afzulpurkar is that in the Notification it is clearly mentioned that the land i.e. required for building (widening/four-laning etc.,) maintenance management and operation of National Highways No.7 is on the stretch of land from km 34.800 to km 133.000 (Hyderabad – Bangalore section) in Mahaboobnagar District and when the said notification clearly states that the said land alone is required without any authority whatsoever, the respondents are interfering with the petitioners lands situated at km 33.000. According to learned senior counsel the said interference etc. is without any land acquisition proceedings as provided for under the Act and thus sought for quashing of the said notification issued under Section 3A of the Act as well as the notification issued under Section 3D of the Act. 5. On the other hand, learned counsel appearing for National Highway authorities, Sri C. Kodanda Ram, on instructions submitted that the authorities are not proceeding with the acquisition of the lands in question on the basis of the Notifications dated 05-06-2007 and 31-12-2007. 6. In the light of the said submission made by learned counsel appearing for National Highway authorities, Sri C. Kodanda Ram, no lis lies in this writ petition. 7. Accordingly, the writ petition is allowed and the notification issued under Section 3A of the Act dated 05-06-2007 and the notification issued under Section 3D of the Act dated 31-12-2007, insofar as the lands belonging to the petitioners are concerned, are hereby quashed. No costs. However, it is made clear that this order does not preclude or prohibit the National Highway authorities of India from initiating fresh proceedings for the purpose of acquiring the lands of the petitioners under the provisions of the Act. _______________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.01-08-2008 Note: Issue C.C. in two days. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Secretary, Union of India, Ministry of Shipping, Road Transport and High Ways, New Delhi. 2. The Director, National Highways Authority of India, Hyderabad - Bangalore Section. 3. The Competent Authority (Land Acquisition) and Joint Collector, Mahaboobnagar District, Mahaboobnagar. 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{RLD}