ORDER:

This writ petition is filed for granting permission to the petitioner (Revenue Divisional Officer competent authority for Land Acquisition (NH161), National Highways Authority of India, Medak Division, to acquire the land in an extent of 2732 sq. Meters in Sy.No.789 situated at Chilvera village, Alladurg Mandal, Medak District recorded in the name of TTD Kalyana Mandapam.

2. Notification dated 22.12.2017 was issued by the Ministry of Road Transport of India and Highways under Section 3(D) of the National Highways Act, 1956 (for short ‘the Act’) wherein it is stated that on 26.07.2017 a Gazette Notification was published under Section 3A(1) of the Act to acquire the land specified in the schedule annexed to the notification for laying four lanes of NH-161 from KM 29.980 to KM 66.210 (Sangareddy – Nanded – Akola Section). It is stated that once a notification is issued under Section 3(D) of the Act, the rights of the lands as specified in the notification are vested with the Central Government. By virtue of the said notification the Project Director, NHAI PIU, Hyderabad issued job proceedings entrusting the laying four lanes of NH-161 from KM 29.980 to KM 66.210 work vide Letter dated 07.04.2017. However, NH-161 is passing through the subject land of TTD Kalyanamandapam. The Executive Officer, TTD, vide letter dated 28.01.2021 directed the competent authority to obtain permission for the High Court.

3. It is submitted that the formalities have been completed as per the procedure established under the Act by following the procedure contemplated under Section 3G of the Act. The Project Director issued paper publication in two daily local newspapers i.e. Namaste Telangana (Telugu) and The Hindu (English) on 17.01.2018 requesting to attend for award enquiry to be held on 03.02.2018 before the petitioner. The enquiry was conducted and the statements of the pattadars and the interested persons were recorded. However, the Manager, TTD, did not attend the enquiry. The award enquiry was concluded and award was passed under Section 3G(1) of the Act vide proceedings dated 16.08.2018. It is stated that as per the order of a Division Bench of this Court in WPMP.No.13204 of 2006 in WP.No.10547 of 2006 dated 13.05.2006, the petitioner is required to obtain permission from this Court. As such, the petitioner was constrained to approach this Court.

4. In the counter filed by the respondents No.2 and 3, it is stated that the subject land belonged to the respondent No.2 including the structures were sought to be acquired under Section

3(G) of the Act and thereafter, compensation was awarded. As per the order of this Court dated 07.06.2005 in WPMP.No.15055 of 2005 in WP.No.11812 of 2005 the endowment land cannot be sold or acquired without prior permission of this Court. The acquisition being made by the petitioner is contrary to and in violation of the said order of this Court. As such, the respondent submitted a representation to the petitioner to seek permission of this Court before acquisition of land is undertaken. It is further stated that the award proceedings are not tenable as the same is passed without obtaining permission of this Court. The value of the property including the structures was not assessed properly. The competent authority has not considered the value of the compound wall and limited only to the structures.

5. It is further stated that the authority has failed to consider the following factors:

a. The National Highways authorities have occupied the subject property duly dismantling the entrance compound wall (South Side) as a part of widening of N.h-161 in which a Bore well also falls in their alignment.

b. The N.H-161 authorities have demarcated the subject property portion going to be dismantled which covers the part of Marriage Hall .50 m * 6.125 m to exent of 113,31 Sq. M. (Total Marriage hall size: 19.50m * 9.85 m to extent of 182.23 sq.m.

c. The Front side (south side) compound wall was dismantled to a length 56m & di