APHC010029752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1515/2025 Between:

K Mohan Rao and Others ...PETITIONER(S)

AND Union Of India and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. S S BHATT Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS

2. GP FOR REVENUE

3. S S VARMA (SC FOR NHAI)

The Court made the following:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1515/2025

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“….pleased to issue a Writ, Order or Direction, more particularly, one in the nature of Mandamus, declaring the action of the Respondents in particular Respondent No.1 to 3, in constructing/ laying the national highway road/ NH no-71 in survey no.2 Venkappakota village of Madanapalle Mandal, Annamayya District in an extent of Ac.1-85 cents which belongs to petitioners and also laying the NH Road in the adjacent land/s blocking the way to the petitioners land, high handedly without following the due process of law and in violation of the principles of natural justice though the petitioners representation dated 19/10/2024 is pending before District Collector Annamayya district /R5, and section 3-A notice dt.3-1-2025 under the NHAI Act 1956 has been issued by the NH Authorities to the petitioners for which objections are to be filed within 21 days by the petitioners and 2 contempt cases are pending before this Honorable court (CC No.1603/2024 and CC No.3244/2024) against the NH authorities for the subject land as illegal arbitrary and unconstitutional and consequently direct the respondents in particular R1 to R3 not to proceed with the construction/laying of the NH road no-71 in sy.no.2 extent Ac.1.85 cents (actually petitioners land of ac.2.21 is taken on the ground by R1 to R3 Highhandedly and illegally) of venkappakota village, Madanapalle Mandal, Annamayya district and in and around the land of the petitioners and not to lay the road without following the due process of law and without following the principles of natural justice and pass …”

02. Heard learned counsel for the petitioners and learned counsel for the respondents.

03. When the matter is taken up for hearing, the learned counsel for the petitioners submitted that the petitioners land to an extent of Ac.1.85 cents in Sy.No.2 of Venkappakota Revenue Village, Madanapalli Mandal had been acquired by the respondent-authorities for the purpose laying of the NH road No.71. The authorities had invited objections regarding this acquisition. In response, the petitioners submitted their objections to the Revenue Divisional Officer, Madanapalli, on 08.04.2022. However, despite these objections, the respondent-authorities have proceeded with the acquisition of the petitioners' land without giving due consideration to their objections and without adhering to the mandatory procedural requirements under the National Highways Act, 1956. Hence, the present writ petition.

04. On the other hand, the learned Standing Counsel for respondent Nos.2 and 3 furnished a copy of written instructions dated 22.01.2025, wherein, the relevant portion is extracted hereunder:

Finally, it is informed that the NHAI has never interfered in the lands of the petitioners. No road or any structure is raised by NHAI in their lands. The existing two lane NH road is still being kept in operation as acquisition of the lands of the petitioners as per the NH Act, 1956 is yet to be completed. The petitioners are at liberty to submit their objections if any afresh consequent on publishing notification U/s 3A(1) of the NH Act, 1956 in newspapers on 08-01- 2025. The NHAI has no intention to interfere in the lands of the petitioner until an award is passed for acquiring the lands of the petitioners following t