JUDGMENT

Mr. A.Prabhakar Rao, learned counsel for the appellants

(petitioners No.2 to 7 and 10).

Mr. M.Vigneswar Reddy, learned Government Pleader for Roads and Buildings Department appears for respondent

No.1.

Mr. N.S.Arjun Kumar, learned Government Pleader for

Land Acquisition Department appears for respondents No.2

and 4.

Mr. A.Venkatesh, learned Senior Counsel appears for

Mr. M.Ramu, learned Standing Counsel for respondent No.3-

National Highways Authority of India (NHAI).

2. This intra court appeal arises out of order dated 22.02.2024 by which the writ petition preferred by the appellants viz., W.P.No.24150 of 2021 has been dismissed.

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3. For convenience, the parties are referred to as they are arrayed in the writ petition.

4. Facts giving rise to filing of this appeal briefly stated are that the petitioners claim to be the absolute owners of the lands situated in Survey Nos.130, 144, 163, 164, 164/D, 164/E, 165, 165/A, 168/A and 200/A/2 of Edulagattupally Village, Manakondur Mandal, Karimnagar District (hereinafter referred to as ‘the subject lands’). Respondent No.3 is constituted under the National Highways Authority of India Act, 1988 (8 of 1988) with an object to develop, maintain and manage the National Highways in the country. The procedure with regard to acquisition of land and matters connected thereto are dealt with under the National Highways Act, 1956 (for short ‘the Act’). A policy viz., Bharatmala Pariyojana was framed by the Central Government for four laning of National Highway 563 (for short ‘NH-563). The aforesaid project was entrusted to NHAI. Accordingly, the four laning project

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between Jagtial-Karimnagar-Warangal Section of NH-563 was entrusted to NHAI for implementation and maintenance. A notification under Section 3A of the Act was issued on 05.06.2020 for acquisition of land for formation of four laning of NH-563 between 26.3 kms to 83.3 kms of Jagtiyal- Karimnagar-Warangal Section in Karimnagar, which includes lands in Edulagattupally Village. The aforesaid notification was published in two daily newspapers viz., Mana Telangana (Telugu) and Hans India (English) on 13.06.2020. Thereupon, petitioners 2 to 9 and 11 submitted a representation on 11.01.2021.

5. Thereafter, a notification was issued under Section 3A(1) of the Act on 28.01.2021, declaring the intention of the Ministry of Road Transport and Highways to acquire the notified lands. Thereafter, a notification under Section 3D(1) & (2) of the Act was issued on 29.01.2021, which was published in the two daily newspapers viz., Mana Telangana

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(Telugu) and Hans India (English) dated 03.02.2021. Thereafter, a notification under Section 3G of the Act was published on 28.02.2021. Petitioners 3 to 5, thereupon, submitted a representation to the District Collector, Karimnagar, by which objections to acquisition of land were submitted.

6. Thereafter, another notification under Section 3(D)(1)

& (2) of the Act was issued on 08.04.2021.

7. Petitioners 3 to 5 again submitted a representation to the

District Collector, Karimnagar on 19.04.2021.

8. Thereafter, petitioners challenged the validity of the notification dated 29.01.2021 in W.P.No.24150 of 2021, inter alia on the ground that instead of land measuring 50 feet, 65 feet is being acquired and the land should be acquired on both sides of the proposed road whereas the same is being acquired only on one side of the road. Learned Single Judge,

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by the impugned order dated 22.02.2024, dismissed the writ petition. Hence, this intra court appeal by petitioners No.2 to

7 and 10.

9. Learned counsel for petitioners No.2 to 7 and 10 submitted that on each side of the proposed four lane road, 50 feet of land is required to be acquired whereas the land to an extent of 65 feet in width is being acquired, that too, only on one side of the road. It is submitted that there is no justification for acquisition of land only on one side of the road and, that too, to the extent of 65 feet. It is further submitted that the power