Vemula Srinivasa Sarma v. The State Of Telangana

HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO W.P.No.17399 of 2018 ORDER:

This writ petition is filed by the petitioners seeking Writ of Mandamus declaring the action of the respondents in conducting survey and erecting stones by marking the same for the purpose of widening the road leading from Marikal to Yelligandla and Alair as National Highway No.167, without issuing any notification either under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act or under the National Highways Act, as arbitrary and illegal.

Learned Government Pleader for Land Acquisition takes notice for R.1 to R.3 and the learned Government Pleader for Roads and Buildings takes notice for respondent Nos.4 and 5. The submission of the learned Counsel for the petitioners is that the petitioners are the owners and pattedars of the lands and the respondent-authorities while undertaking widening of the road from Marikal to Yelligandla and Alair as National Highway No.167, are not following the due process for acquisition payment of compensation. Heard.

The respondent-authorities, if propose to acquire the lands of the petitioners for widening of the road from Marikal to Yelligandla and Alair as National Highway No.167 shall follow due process of law and pass necessary orders. Till such exercise is undertaken, the petitioners shall not be dispossessed from the petition schedule lands. The writ petition is disposed of accordingly. No order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

____________________________ U. DURGA PRASAD RAO, J 17.05.2018 Note: Issue copy in two days (B/o.smr)