IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34903 of 2014 Between:
Polasa Yadagiri, S/o. Shivaiah, Aged 53 years, Occ: Agriculture, R/o. H.No.1-4-393, Pancha Mukha Hanman Colony, Kamareddy, Nizamabad District & another .. Petitioners AND Union of India, Rep. by its Secretary, Road Transport and High Ways, Ministry of Shipping, Road Transport and High Ways, New Delhi & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34903 of 2014 ORDER:
The petitioners claim to be the owners of house properties in Survey Nos.605 and 606 with equal extents of Ac. 0.09 guntas (1089 square yards) respectively in Adloor Village, Kamareddy Mandal, Nizamabad District. The National High Way Authority of India required this property for the purpose of improving the Section on the National High Way No.7 from 309.000 Kilometers to 447.000 Kilometers on Nagpur to Hyderabad Section.
2. As contended by the learned counsel for the petitioners, initially there were negotiations for direct registration. The Competent Authority/Revenue Divisional Officer, Kamareddy, Nizamabad District (4th respondent) suggested the market value of the land at Rs.2,000/- to Rs.4,000/- per square yard, but this was not agreed by the National High Way Authority of India. However, the National High Way Authority of India has taken possession of the land of the petitioners without paying compensation. Till date, neither the land acquisition proceedings are initiated nor negotiations are concluded by determining the compensation payable to the petitioners. It is, therefore, contended that the action of the National High Way Authority of India is ex facie illegal, as they could not have utilized the private property of the petitioners for public purpose without paying compensation.
3. Learned Standing Counsel, on instructions, submits that the process is now set in motion to acquire the lands of the petitioners in accordance with the National High Ways Act, 1956, and in due course, the steps would be taken.
4. While the learned counsel for the petitioners contends that the possession was taken, learned Standing Counsel disputes taking possession and submits that the National High Way Authority of India would follow due process of law and process is already set in motion.
5. If that is so, even if possession is taken already, the National High Way Authority of India cannot utilize the properties of the petitioners without following due process and without paying compensation.
6. Admittedly as land acquisition proceedings are not initiated and as contended by learned counsel for petitioner, without paying compensation the petitioners are displaced from their properties, by granting liberty to the National High Way Authority of India to initiate appropriate proceedings including following the procedure as mandated by the National High Ways Act, 1956, the National High Way Authority of India is directed to maintain status quo obtaining as on today till appropriate proceedings are concluded or due compensation is paid to the petitioners.
7. Having regard to the fact that the properties of the petitioners are required for public purpose and already possession is taken, the National High Way Authority of India and the Land Acquisition Officer are directed to take immediate steps to comply with the provisions of the National High Ways Act, 1956, as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of a copy of this order.
8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 12th December, 2014 Note: Issue C.C. in one (1) week. (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34903 of 2014 Date: 12th December, 2014 KL