ORDER :

The petitioner seeks writ of mandamus challenging the 1st notification SO No.2563/E, dated 25.06.2021 issued by the respondent proposing to acquire the land of the petitioner along with other lands in the stretch of National Highway No.216 from KM 126.1 to KM 10.8 of East Godavari District, Andhra Pradesh as illegal, arbitrary and contrary to the provisions of National Highways Act, 1956 (for short ‘Act, 1956’).

2. Petitioner’s case succinctly is thus:

(a) The 1st respondent issued notification in S.O.2563(E), dated 25.06.2021 U/s 3(A)(1) of the Act, 1956 proposing to acquire the lands mentioned in the schedule of the notification which includes the lands in Sy.No.654, 656, 660, 661 and 663 of Malikapuram Mandal in East Godavari District for the purpose of formation of two-line bypass road to National Highway No.216 at the stretch of 126.1 KMs to 10.8 KMs from the bypass to Narsapur Town Road. Objections were called for within 21 days from the date of publication of the notification to be submitted to the Sub Collector, Amalapuram /8th respondent.

(b) The petitioner owns the land admeasuring Ac.0.67 cents, Ac.0.33 cents and 0.19 cents in Sy.No.654/1, 654-12, 654-9 and Ac.1.37 cents in Sy.No.656-5A, Ac.0.35 cents in Sy.No.661/2A2 and 0.53 cents in Sy.No.663-1 of Gudimellanka Village, Malkipuram Mandal, East Godavari District. The petitioner’s lands are effected by the notification. In his lands there is an ancient water tank which was earlier used for drinking and presently for his cattle and also for irrigation. Hence the petitioner submitted his objections on 05.07.2021 to the Tahsildar, Malkipuram stating that if the national highway road passes through the middle of the land, his tank and agriculture will be affected totally. The Tahsildar forwarded his objection to the 8th respondent. Besides, the Tahsildar inspected his lands and submitted a report in Ref.A/889/2021, dated 16.09.2021 confirming the existence of two tanks in Sy.No.656 and Coconut garden in Sy.No.654 and stating that the alignment will affect a portion of water tank and also a portion of Coconut garden. The 1st petitioner sent another representation on 03.08.2021 to the respondent.

(c) The 3rd respondent along with the 4th respondent and other field staff reviewed the alignment on 29.09.2021 and agreed to change the design from KM 18.200 to 19.900 subject to the condition that if the new land losers agree to give no objection. The 7th respondent addressed a letter dated 01.11.2021 to the 8th respondent informing about the decision of the 3rd respondent to change the alignment and requested to take steps accordingly within three weeks. He enclosed the modified alignment map also to his letter which shows that the modified alignment is a straight alignment and reduce the length of the stretch about one kilometer when compared to the earlier notified alignment. The 8th respondent in turn directed the Tahsildar, Malkipuram to enquire into the matter and contact the land owners and take their consent vide his letter Ref.B/528/2021, dated 05.11.2021.

(d) In the modified alignment there are about 10 survey numbers, out of which, four survey numbers i.e., 249, 250, 251 and 748 are the government lands and the land in S.No.664 belongs to petitioner which he has no objection for acquisition and therefore the authorities have to acquire only the remaining five survey numbers. However, the Tahsildar has not taken any action in this regard. In the meanwhile, on 26.11.2021 the officials of the respondents came to petitioner’s land and tried to dig the land as per the previous alignment to erect the stones. The petitioner objected for their actions informing that the authorities have agreed for modification of the alignment. However, they stated that they were acting upon the instructions of Sub Collector, Amalapuram. The Sub Collector ought not to have followed the old alignment when the decision to change the alignment is pending. Hence the action of respondents is il