THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.35466 of 2024

ORDER

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 6, Sri.Gadi Praveen Kumar, Deputy Solicitor General of India appearing for respondent No.7 and learned standing counsel for NHAI appearing for respondent Nos.8 and 9. With the consent of the parties, the writ petition is being taken up for disposal.

2. This writ petition is filed seeking following prayer:

“A. to declare the action of the Respondent authorities particularly Respondents Nos.2 to 6 in not taking steps to pass an Award as required under the provisions of National Highways Act, 1956 read with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) further read with RFCTLARR Removal of difficulties Order, 2015, and also the action of the Respondent Nos.8 and 9 in proceeding to demolish the compound wall of the Petitioners property i.e all that agricultural land bearing Survey No.59/ఆ1, admeasuring Acres 1-28 Guntas, Survey No 59/ ఆ 11, admeasuring Acres 0-33 Guntas, Survey No.59/ ఆo, admeasuring Acres 0-33 Guntas Survey No.59/ఆ7, admeasuring Acres 0-33 Guntas and Survey No.59/ఆ 8, admeasuring Acres 0-33 Guntas (shown and Survey No.59 in Gazette Notification) totally admeasuring Acres 5-00 Guntas, situated at Timmapur Village, Kothur Mandal, Ranga Reddy District (earlier Mahabubnagar District), without any notice, without passing any Award/paying compensation as required under the First Schedule of the Act 30 of 2013 as illegal, unconstitutional, against the principles of natural justice and violative of Articles 14, 19, 21 and 300A of the Constitution of India and consequently direct the Respondents authorities to follow the procedure under the provisions of National Highways Act 1956 and Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) including but not limited to including but not limited to conducting survey award enquiry passing of Award and payment of compensation to the Petitioners before acquiring/laying the road in part of the subject land i.e all that agricultural land bearing Survey No.59/ఆ1, admeasuring Acres 1- 28 Guntas, Survey No 59/ ఆ 11, admeasuring Acres 0-33 Guntas, Survey No.59/ ఆo, admeasuring Acres 0-33 Guntas Survey No.59/ఆ7, admeasuring Acres 0-33 Guntas and Survey No.59/ఆ 8, admeasuring Acres 0-33 Guntas (shown and Survey No.59 in Gazette Notification) totally admeasuring Acres 5-00 Guntas, situated at Timmapur Village, Kothur Mandal, Ranga Reddy District (earlier Mahabubnagar District) and B. to set aside the notification issued under section 3D of National Highway Act 1956 which was published vide S.O No.774 (E) dated 13.02.2025 and all constitutional proceedings including but not limited the purported award passed under section 3G of National Highway Act, 1956 issued by Respondent No.5 was published on 17.02.2025 vide Award proceedings No.G2/1138/2018 dated 25.02.2025 passed by the Additional District Collector on the ground of being illegal, highhanded, arbitrary and against the Articles 14, 19, 21 and 300A of the Constitution of India and consequently permit the Petitioners to file objections to the notification issued under Section 3A of the National Highways Act

1956 dated 12.11.2024 .”

3. Learned Counsel for the petitioners submits that petitioners are owners and possessors of agricultural land totally admeasuring to an extent of Acres 5-00 Guntas i.e., Acres 1-28 Guntas in Survey No.59/ఆ1, Acres 0-33 Guntas, in Survey No 59/ ఆ 11, Acres 0-33 Guntas in Survey No.59/ఆo, Acres 0-33 Guntas in Survey No.59/ఆ7, and Acres 0-33 Guntas in Survey No.59/ఆ 8 (shown and Survey No.59 in Gazette Notification), situated at Timmapur Village, Kothur Mandal, Ranga Reddy District (earlier Mahabubnagar District). It is further submitted that