IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 1515 OF 2025 NIMMAGADDA Between: 1. K Mohan Rao. S/o.Govinda Rao. Aged about 67 2. K.Lavanya, D/o.K.Mohana Rao. Aged about 25 years. 3. Smt. K.Divya, D/o.Mohana Rao, Aged about 32 4. K. Ramesh Rao, S/o.Govinda Rao. Aged about 64 years, 5. K. Reddeppa Rao, S/o.Govinda Rao, Aged about 70 years. 6. K. Sreenivasa Rao, S/o.Govinda Rao Aged about All are R/o.D.No.12-175 District. years, years 52 years. Kota Veedhi, Madanapalle Town, Chittoor ...Petitioner/s AND 1. Union of India, Rep. by its Secretary, Road, Transport and Highways Department, New Delhi. 2. The National High Way Authority of India. Road, Sector 10 Dwaraka, Dwaraka, New Delhi G-5 and 6, Dabri, Gurgaon - 110075. 3. The National High Way Authority of India, Plot No.21, Teachers Colony, Guru Nanak Nagar Road, Vijayawada - 520008, Rep. by Project Director 4. The State of Andhra Pradesh, Rep. by its Principal Secretary. Department of Roads and Buildings, Secretariat, Velagapudi, Amaravathi, Guntur District. 5. The District Collector, Annamayya District at Rayachoty. 6. The Joint Collector and CALA for rayachoty Annamayya District at Rayachoty. 7. The Revenue Divisional Officer Acquisition (NH-71). Madanapalle. Annamayya District. 8. The Tahsildar, Madanapalle Mandal, Annamayya 9. The Project director. NHAI Project implementation 564/c, Balaji Colony, Tirupathi. (R9 is impleaded In writ petition and affidavit dated 24.01.2025 in I.A.No.2 of 2025) NH-71, (Madanapalli-Piler Section) and Competent Authority for Land District. unit/PIU, D.NO.1-5- as per court’s order ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewilh, the High Court may be Pleased to issue a Writ, Order or Direction, more particularly, one in the nature of Mandamus, declaring the action of the Respondents in particular constructing/ laying the national highway road/ NH survey no 2 Venkappakota village of Madanapalle Mandal, Respondent No.1 to 3, In no-71 in 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 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 the petitioners subject land as illegal arbitrary and unconstitutional and consequently direct the respondents in particular R1 to R3 not to proceed mih the construction/laying of the NH road no-71 in sy.no.2 extent Ac.1.85cents (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. lA NO: 1 OF 2Q2fi Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including the construction-laying NH road-71 in the petitioners land in of the sy.no.2 extent 1.85cents (actually the petitioners land of ac 2.21 is taken on the ground by R1 to R3 Highhandedly and illegally) and Madanapalle Mandal, Annamayya District by the respondents the adjacent land/s of Venkappakota Village in in particular respondent 1 to 3. Counsel for the Petitioner: SRI S S BHATT Counsel for the Respondent No.1: SRI PASALA PONNA RAO (DEPUTY SOLICITOR GENERAL OF INDIA) Counsel for the Respondent Nos. 2 to 3: SRI S S VARMA (SC FOR NHAI) Counsel for the Respondent No.4: GP FOR ROADS & BUILDINGS Counsel for the Respondent Nos.5 to 8: GP FOR REVENUE The Court made the following ORDER; APHC010029752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 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: ...PETITIONER(S) K Mohan Rao and Others AND ...RESPONDENT(S) Union Of India and Others 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: 2 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 conseguently 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 ...” 3 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. Hov^ever, 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 nev\/spapers 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 i 4 petitioners foliowing the due procedure as per the NH Act, 1956 and necessary compensation is deposited with the CALA. As such all the averments raised by the petitioners are against the actual facts existing on ground and the petitioners are raising one issue or the other to get stay orders in order to protect their lands from acquisition. /\s per instructions issued by NHAI, Hqrs., New Delhi in Lr. No. NHAI/11013/DGM(LA-Coord)/2015/FTS-550/74175 dated 09-11- 2015, the Project Directors of PIUs are authorized to file counters behalf of higher authorities. Considering the submissions made by the learned counsel for the petitioners and the learned counsel for the respondents, and on perusal of the written instructions furnished by the learned Standing Counsel for respondent Nos. 2 and 3. it is clearly and categorically observed that the respondents committed to adhere with the mandatory procedures as set out under the provisions of the National Highways Act, 1956. In light of the same, the Court is inclined to dispose of the writ petition with a direction to the respondents to follow the due process, as outlined in their written instructions dated 22.01.2025, while taking possession of the petitioners’ property. on 05. are 06. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Union of India, Road New Delhi. 2. The National High Way Authority of India, G-5 and 6, Dabri, Gurgaon Road, Sector 10 Dwaraka, Dwaraka, New Delhi - 110075 Plot No 21 eachers Colony, Guru Nanak Nagar Road, Vijayawada - 520008. Transport and Highways Department, 4. The Principal Secretary, Department of Roads and Buildings. Secretariat, Velagapudi, Amaravathi, Guntur District. 5. The District Collector, Annamayya District at Rayachoty. 6. The Joint Collector and CALA for NH-71, (Madanapalli-Piler Section), Rayachoty Annamayya District at Rayachoty. 7. The Revenue Divisional Officer and Competent Authority for Acquisition (NH-71), Madanapalle, Annamayya District. 8. The Tahsildar, Madanapalle Mandal, Annamayya District. 9. The Project director, NHAI Project implementation unit/PIU, D.No.1-5- 564/c, Balaji Colony, Tirupathi. One CC to Sri S S Bhatt, Advocate [OPUC] One CC to Sri. S S Varma (Standing Counsel for NHAI) [OPUC] Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh at Amaravathi [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh Amaravathi [OUT One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India Three CD Copies Land 10. 11. 12. 13. at 14. [OPUC] 15. sree HIGH COURT DATED;24/01/2025 ORDER WP.No.1515 of 2025 f 0 5 FEB 2025 ^ , Curreni aeciion . ^ o\ WITHOU^MT™