THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.46113 OF 2022

ORDER:

1. Heard the learned Counsel for petitioner and the learned Assistant Government Pleader for Panchayat Raj and Rural Development, Learned Government Pleader for Revenue, learned Standing Counsel for Gram Panchayat and the learned Standing Counsel for National Highways Authority of India (NHAI)

appearing for the respondents.

2. The learned Counsel for the petitioner would submit the petitioner is the owner and possessor of land admeasuring 9680 Square Yards in Sy.Nos.27/A1, 27/A2/1/2, situated at Vallabhapuram Village of Chivvemla Mandal of Suryapet District having purchased the same vide document No.14258/2021 dated 30.09.2021. The petitioner had also got converted the land from agriculture to non-agriculture vide NALA order dated

22.04.2021 issued by the Tahsildar and the process of conversion of land into plots is pending with the respondent No.6. While the things stood thus, the respondent Nos.3 to 5 have started to construct a bus-shelter exactly on front side of the subject property, as a result there will be problem for the purpose of ingress and egress into the subject property.

3. The learned Counsel for the petitioner would submit that the bus-stop which is being constructed on National Highway No.65 and the ownership vests with the respondent No.7/National Highways Authority of India (hereinafter referred to as NHAI) and the respondent No.2 to 6 have not taken any permission from the respondent No.7 for construction of bus-stop. As per Chapter-VI, Section 38 of the Control of National Highways (Land and Traffic) Act, 2002, no person other than a Highway Administration or a person authorized by such administration in this behalf shall construct, install, shift, repair, alter or carry any poles, pillars, advertisements, transformers, cable wire, pipe, drain, sewer, canal, railway line, tramway, telephone boxes, repeater station, street, path or passage of any kind of Highway Land or acres, under or over any highway except with the prior permission in writing of the highway administration for such purpose, and thereby the respondent No.2 to 6 by taking up the said construction of the bus-stop have violated Section 38 of the Control of National Highways (land and Traffic) Act, 2002.

4. The learned Counsel for the petitioner would further submit that as per the Proceedings No.NHAUI/PIU-HYD/TRI/Vol.XXIII/2023/077 dated 30.01.2023, which was obtained from the respondent No.7 under Right to Information Act, no permission was granted to State Authorities including Secretary, Gram Panchayats of Vallabhapuram, Tuljaraopet, Panchayat Raj Department of Suryapet Town and it clearly shows that the respondent No.5 have no permission to construct the bus-shelter over the subject land and therefore requested to allow the writ petition.

5. Learned Assistant Government Pleader for Panchayat Raj and Rural Development basing on the counter filed by the respondent No.4 would submit that the Gram Panchayat, Tuljaraopet, which is adjacent to the respondent No.5-Gram Panchayat, due to lack of bus-shelter for their Villagers have requested for construction of Bus-Shelter falling in the area of respondent No.5, besides the fact that the respondent No.3 and 4 have also given their Technical Approval for feasibility of having Bus-shelter in that place which is convenient and benefit for people of both the Gram Panchayats and thus the Bus-shelter was chosen of the footpath of the National Highway road which is in front of some piece of the petitioner’s land and no prejudice is causing for construction of bus-shelter in the road belongs to National Highway and accordingly commenced the construction of bus-shelter in the land belongs to National Highways by informing the same the officials of the respondent No.7, who visited and expressed no objection for the proposed Bus-shelter on the footpath of the National Highway Road.

6. The learned Assistant Government Pleader further submits