Kalva Murali Manohar Reddy vs Union Of India on 7 April, 2026

    0
    40
    ADVERTISEMENT

    Telangana High Court

    Kalva Murali Manohar Reddy vs Union Of India on 7 April, 2026

    Author: Nagesh Bheemapaka

    Bench: Nagesh Bheemapaka

                                        1
                                                                     wp_30596_2025
                                                                             NBK, J
    
    
    
        IN THE HIGH COURT FOR THE STATE OF TELANGANA
                        AT HYDERABAD
    
         THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
    
                     WRIT PETITION No. 30596 of 2025
    
                                 07thApril, 2026
    
    Between:
    
    1. Kalva Murali Manohar Reddy
                                                                 ... Petitioner
                                      AND
    1. Union of India, rep. by its Secretary,
    Ministry of Road, Transport, and Highways, and others
                                                              ... Respondents
    ORDER:

    The petitioner, Kalva Murali Manohar Reddy, a 72-year-old
    agriculturist, approaches the Court seeking a writ of mandamus to declare
    the actions of the respondent authorities as illegal and unconstitutional,
    particularly their attempt to take possession of his agricultural land
    measuring 11,481 sq. meters and an additional extent of approximately
    508.237 sq. meters (elsewhere described as 574.138 sq. meters) in Survey
    No. 497 of Nawabpet village, Chityal mandal. He challenges the validity
    of the impugned award modification proceedings bearing No. J/69/2021-
    NH-163-G dated September 5, 2024, which for the first time inserted his
    name in relation to the subject land without prior statutory steps such as
    notification under Section 3A, declaration under Section 3D, or notice of
    award enquiry under Section 3G of the National Highways Act, 1956 read
    with the RFCTLARR (Removal of Difficulties) Order dated August 28,
    2
    wp_30596_2025
    NBK, J

    2015. He contends that if these actions are not set aside, he will be
    deprived of his land, livelihood, and property in violation of Articles 14,
    19
    , 21, and 300A of the Constitution of India, and therefore seeks both
    final relief quashing the proceedings and interim protection against
    dispossession.

    SPONSORED

    The case of the petitioner, precisely as per the writ affidavit, is that
    he owns a total extent of Ac.08-35 guntas of agricultural land in Nawabpet
    village, comprising Ac.06.07 guntas of ancestral land and Ac.02.28 guntas
    of self-acquired land in Survey No. 497/1/2 and 497/1/2/1, for which a
    pattadar passbook and title deed were issued in 2019. Although he resides
    in Hanumakonda due to age and medical needs, he continues to supervise
    cultivation. It is stated that, in the first week of April 2021, he learned from
    fellow villagers about a proposed greenfield road. He subsequently became
    aware of a Section 3A notification published on 25.03.2021, which vaguely
    referred to acquisition of part of Survey No. 497, covering roughly 10
    acres, without specifying pattadar names or sub-divisions. Due to this lack
    of clarity, and after being informed by local officials that exact details
    would emerge only after further survey and declaration, he did not file
    objections under Section 3C.

    1.1. A declaration under Section 3D was later issued in 2022,
    though the petitioner states he remained unaware of it at the time. It was
    only in 2023, when award enquiry notices were issued to other farmers,
    that he discovered the ongoing acquisition process. It is stated that he was
    not served any notice concerning Survey No. 497. Upon obtaining
    documents, he found that while three pattadars were listed against Survey
    No. 497, his name was absent; instead, his name was erroneously shown
    against Survey No. 473 for an extent of 3,237 sq. meters, despite his
    3
    wp_30596_2025
    NBK, J

    having no land there. He further learned that awards had already been
    passed in January 2024, specifically on 16.01.2024 and 09.03.2024,
    without affording him any opportunity to participate in the enquiry or
    present objections. Subsequently, sometime in 2024, a survey team entered
    his land in his absence and made markings without prior notice, and upon
    enquiry he was told that alignment changes were being made.

    1.2. The petitioner recounts that despite requesting documents
    from the office of the Competent Authority for Land Acquisition (CALA),
    none were furnished; however, he secured copies of the award
    proceedings, survey report, and modification orders, recently through other
    affected persons who obtained records under the Right to Information Act.
    These proceedings revealed that through a survey report dated 01.06.2024,
    his name and land details were recorded for the first time, and thereafter,
    through the impugned modification order dated 05.09.2024, his name was
    substituted in place of the originally recorded pattadars for an extent of
    11,481 sq. meters in Survey No. 497. Additionally, another modification
    order dated 04.09.2024 inserted his name for an extra extent of 574.38 sq.
    meters. He also discovered that a second set of notifications under Section
    3A
    dated 19.04.2022 and declaration under Section 3D dated 07.10.2022
    covered additional extents in the same survey number, yet even there his
    name and sub-division details were omitted. According to him, this
    establishes that his land was never properly subjected to acquisition
    proceedings as mandated by law.

    1.3. The petitioner emphasizes that no compensation was ever
    determined or awarded for the structures, trees, and wells present on his
    land, and that even award notices were issued in the names of third parties.
    He asserts that the statutory process was fundamentally defective: the
    4
    wp_30596_2025
    NBK, J

    Section 3A notifications dated 02.03.2021 and 19.04.2022 lacked
    specificity; the Section 3D declarations dated 22.02.2022 and 07.10.2022
    omitted his name; the award enquiry notice dated 08.03.2023 excluded
    him; and the awards dated 16.01.2024 and 09.03.2024 were passed without
    reference to his ownership. It is contended that the subsequent
    modification orderswere introduced without any fresh notification, notice,
    or enquiry, thereby depriving him of his right to object and claim
    compensation.

    1.4. The petitioner alleges that the respondent authorities are now
    proceeding under Section 3H to take possession of his land and threatening
    to deposit compensation in Court, while contractors are entering his fields
    and interfering with standing crops without any notice. It is contended that
    these actions are arbitrary, and they deny him rehabilitation and
    resettlement benefits. He further states that similarly situated adjacent
    landowners have obtained interim stay orders from the Court, which
    underscores the illegality of the respondents’ actions.

    1.5. The petitioner asserts that the respondents are attempting to
    justify their actions by relying on the modification orders dated 04.09.2024
    and 05.09.2024 as if they validly incorporate his land into the acquisition
    process. The petitioner contends that the grounds taken by the respondent
    authorities that such modifications were part of alignment corrections and
    administrative adjustments, is not sustainable in law, as the post facto
    inclusion of lands cannot cure the absence of prior statutory compliance,
    including proper notification, declaration, and opportunity of hearing. The
    petitioner therefore seeks quashing of the impugned proceedings and
    protection from dispossession pending adjudication.

    5

    wp_30596_2025
    NBK, J

    2. A counter affidavit is filed by the 5th respondent-Revenue Divisional
    Officer, Bhupalpally Division, essentially contending that the acquisition
    of the petitioner’s land for the construction of the NH-163G Greenfield
    corridor was conducted strictly in accordance with the procedure
    established under the National Highways Act, 1956 and the RFCTLARR
    Act, 2013
    , and that any discrepancies in the petitioner’s identification were
    the result of a bona fide survey error that has since been lawfully rectified
    through re-survey and modification proceedings. It is further asserted that
    the petitioner failed to avail statutory remedies at the appropriate stages
    and has approached the Court with the intention of obstructing a public
    infrastructure project affecting 615 land losers, of whom the vast
    majority–69 out of 84 awardees in Nawabpet village–have already
    accepted compensation.

    2.1. It is contended that the acquisition process commenced with a
    Section 3A Gazette Notification issued vide S.O. No. 1016(E) dated
    02.03.2021, covering land in Survey No. 497 to an extent of 11,481.000
    square meters, based on a requisition by the Project Director, NHAI, PIU
    Warangal. It is stated that notification was also published in newspapers on
    25.03.2021, with an objection period of 21days (up to 14.04.2021), and the
    petitioner did not file any objections under Section 3C. A Section 3D
    declaration was subsequently published on 22.02.2022 for the same extent.
    It later emerged during preparation of sub-division records that certain
    extents had been omitted, leading to additional Section 3A notifications,
    including one dated 19.04.2022, followed by corresponding additional
    Section 3D declarations dated 07.10.2022, 28.02.2023, and 23.08.2023.
    These notifications collectively covered a total extent of Ac.2.38½ guntas
    6
    wp_30596_2025
    NBK, J

    (11,989.237 square meters) in Survey No. 497, comprising 11,481.000
    square meters initially and an additional 508.237 square meters.

    2.2. It is stated that during the initial enjoyment survey, the
    petitioner’s name was mistakenly recorded against Survey No. 473 for an
    extent of Ac.0.32 guntas (3,237 square meters), which constituted a bona
    fide error arising from field-level confusion and lack of proper
    informationduring survey operations. Based on this survey, Section 3G
    award enquiry notices dated 08.03.2023 were issued, and although land
    losers attended the enquiry, no documentary evidence was submitted.
    Awards were then passed in two phases on 16.01.2024 and 09.03.2024,
    with compensation determined in accordance with Sections 26 to 30 of the
    RFCTLARR Act, 2013. Following this, Section 3E notices were issued to
    awardees, including the petitioner (as recorded under Survey No. 473), to
    receive compensation, but the petitioner did not come forward to accept it.

    2.3. Subsequently, upon receipt of objections from certain
    awardees after issuance of 3E notices–specifically complaints that extents
    recorded in the enjoyment list were inaccurate–a re-enjoyment survey
    was conducted in the presence of farmers and officials. The results were
    published in the village and on official notice boards. This re-survey
    revealed that the petitioner was in actual possession of land in Survey No.
    497 to an extent of Ac.3.12 guntas, rather than Survey No. 473.
    Consequently, modification orders dated 04.09.2024 were issued to reflect
    his entitlement over Ac.2.38½ guntas within Survey No. 497, and for the
    remaining Ac.0.13½ guntas, fresh acquisition steps were initiated through
    an additional Section 3A Gazette Notification vide S.O. No. 5316(E) dated
    09.12.2024, with the corresponding Section 3D declaration stated to be
    pending. The respondent emphasizes that these corrective steps were
    7
    wp_30596_2025
    NBK, J

    undertaken transparently and in accordance with law, and that updated
    Section 3G notices will be issued for the remaining extent upon completion
    of the process.

    2.4. The respondent further details that the names originally
    published in the Section 3D declarations dated 22.02.2022 and
    07.10.2022–namely Nerella Padma (9,510.450 sq. meters), Billa Raji
    Reddy (1,416.450 sq. meters), and PingiliVideesha (1,062.337 sq.
    meters)–were found, upon re-survey, not to be in possession of the land,
    whereas the petitioner was. Therefore, modified orders were issued
    reallocating the extent of Ac.2.38½ guntas (11,989.237 sq. meters) to the
    petitioner. The respondent also notes that out of 84 awardees identified
    after re-survey, 69 have received compensation, while 12 cases, including
    that of the petitioner, are under litigation, two have been referred to the
    Principal District Judge, Bhupalpally due to disputes, and one claimant
    lacks title.

    2.5. In rebuttal of the petitioner’s allegations, the respondent
    systematically denies any procedural illegality. It is asserted that the
    petitioner’s claim of lack of notice is incorrect, as Section 3A notifications
    were duly published in two newspapers as required by law, and Section
    3G(3) notices dated 08.03.2023 were both publicly displayed at the Gram
    Panchayat office and individually served, albeit reflecting the petitioner’s
    name under Survey No. 473 due to the earlier survey error. The respondent
    argues that the statutory framework does not require naming pattadars in
    Section 3A notifications, as these are based on requisitioned survey
    numbers and extents, with ownership details being incorporated at the
    Section 3D stage. The petitioner’s failure to file objections within the
    8
    wp_30596_2025
    NBK, J

    stipulated 21-day period following the 25.03.2021 publication is
    highlighted as a critical omission.

    2.6. Adverting to the petitioner’s grievance regarding non-
    payment for structures, trees, and wells, it is stated that during the initial
    survey, some farmers obstructed enumeration of such assets, leading to
    award of land value alone. However, the farmers later cooperated, and
    valuations were conducted and a supplementary award covering structures
    and trees was passed on 10.09.2025, which includes the petitioner’s assets,
    with payment to be disbursed upon receipt of funds from the competent
    authority, and therefore the allegation that compensation was neither
    determined nor offered is thus denied.

    2.7. The respondent denies the claims of illegal interference with
    possession and cultivation, asserting that neither officials nor contractors
    have damaged crops or unlawfully entered the petitioner’s land. It is
    further contended that, by operation of Section 3D(2) of the National
    Highways Act, upon publication of the declaration, the land vests
    absolutely in the Central Government free from encumbrances, and under
    Section 3D(4), such declarations are not subject to challenge, and therefore
    it is contended that the petitioner’s challenge is legally untenable.

    2.8. It is contended that out of 615 affected landowners, only the
    petitioner has approached the Court, intending to stall the acquisition
    process rather than any genuine procedural grievance. It is contended that
    the entire acquisition process–from notification to award, re-survey, and
    modification–has been conducted in strict compliance with statutory
    provisions, and that any initial discrepancies have been properly corrected;
    and therefore prays to dismiss the writ petition and vacate the interim
    order.

    9

    wp_30596_2025
    NBK, J

    3. A counter affidavit is filed by the Project Director, NHAI, essentially
    contending that the entire land acquisition process relating to the
    petitioner’s land–measuring 11,481 square meters and an additional
    508.237 square meters in Survey No. 497–was conducted strictly in
    accordance with the National Highways Act, 1956 and the applicable
    provisions of the RFCTLARR Act, 2013, and that the petition is
    misconceived, devoid of merit, and an attempt to obstruct a project of
    national importance. They further contend that the petitioner is not entitled
    to any of the reliefs claimed, including rehabilitation and resettlement
    benefits, and that even if there were grievances regarding compensation,
    the petitioner has an effective alternative statutory remedy under Section
    3G(5)
    of the Act, rendering the writ petition unsustainable.

    3.1. Elaborating on the timeline of the acquisition proceedings, it
    is contended that the NHAI initiated the acquisition process for
    construction of a four-lane greenfield National Highway (NH-163G) from
    Km. 63.779 to Km. 88.418 in the Bhupalpally Division, pursuant to its
    statutory mandate under the National Highways Authority of India Act,
    1988
    . A requisition for land acquisition, including the petitioner’s land in
    Nawabpet village, was sent under Section 3A(1) of the National Highways
    Act, 1956, following which a notification was issued vide S.O. No.
    1016(E) dated 02.03.2021. The substance of this notification was
    published in the newspapers Mana Telangana (Telugu) and The Hindu
    (English) on 25.03.2021, granting 21 days–until 14.04.2021–for filing
    objections. It is stated that no objections were received from the petitioner
    within this statutory period. Subsequently, to address missing extents, an
    additional Section 3A notification was issued vide S.O. No. 1869(E) dated
    10
    wp_30596_2025
    NBK, J

    19.04.2022, with its substance published on 08.05.2022 in the same
    newspapers.

    3.2. Following this, declarations under Section 3D were issued
    vide S.O. No. 814(E) dated 22.02.2022 and S.O. No. 4780(E) dated
    07.10.2022, upon which, by operation of law, the land vested absolutely in
    the Central Government free from all encumbrances. The respondents
    highlight that a public notice under Section 3G(3) was issued in Mana
    Telangana and The Hindu on 28.02.2023, calling upon all interested
    persons to appear before the Competent Authority–the Revenue
    Divisional Officer, Bhupalpally–on 18.03.2023 during office hours, along
    with documentary proof of title. Thereafter, awards were passed after due
    enquiry under Section 3G, specifically on 16.01.2024 and 09.03.2024.

    3.3. It is stated that the total extent of petitioner’s land acquired is
    11,989.237 square meters, comprising 11,481.00 square meters notified
    under the 02.03.2021 notification and 508.237 square meters under the
    19.04.2022 notification. Initially, based on survey records, this land was
    reflected in the name of Nerella Padma, wife of Lingaiah, and accordingly
    included in the Section 3D declarations. However, during the award
    enquiry, certain landowners failed to produce title documents, leading to
    apportionment based on enjoyment as reported by the survey team.
    Subsequently, upon verification, the petitioner’s name was substituted in
    place of the original awardee through a modified apportionment order
    dated 05.09.2024, which forms part of the record. The respondents assert
    that compensation, calculated in accordance with Sections 26 to 30 of the
    RFCTLARR Act, 2013–incorporating 100% solatium, 12% additional
    market value from the date of Section 3A notification to the date of award,
    11
    wp_30596_2025
    NBK, J

    and a multiplication factor of 1.5–has been duly determined and is ready
    to be deposited as per the calculations of the Competent Authority.

    3.4. It is contended that the petitioner’s allegation that no notice
    was given is not true. The respondent refers to the newspaper publications
    dated 25.03.2021 and 08.05.2022, and the Section 3G public notice dated
    28.02.2023 requiring appearance on 18.03.2023. They further deny that the
    Section 3D declarations dated 22.02.2022 and 07.10.2022 were invalid or
    based on defective reports, asserting instead that they were issued in strict
    compliance with statutory requirements and that the petitioner has failed to
    produce any proof to the contrary. The allegation that documents were not
    furnished is also denied.

    3.5. Addressing the petitioner’s contention regarding improper
    application of the RFCTLARR Act, the respondents contend that only
    Sections 26 to 30 relating to determination of compensation are applicable
    to acquisitions under the National Highways Act, 1956, and not the entire
    statute. They further assert that the petitioner’s claim of benefits under the
    Second and Third Schedules of the RFCTLARR Act is misconceived.
    According to the respondents, the Rehabilitation and Resettlement
    provisions, as introduced through the Removal of Difficulties Order dated
    28.08.2015 (effective 01.09.2015), apply only to displaced or dislocated
    families, and in the present case, the petitioner neither qualifies as
    a”displaced family”under Section3(k) nor has he been relocated or
    resettled, as only a small portion of his land has been acquired.

    3.6. It is contended that there is no interference with possession
    and standing crops, and that possession will be taken only after payment of
    compensation in accordance with Section 3H of the Act and upon issuance
    of appropriate notices. It is contended that any grievance regarding
    12
    wp_30596_2025
    NBK, J

    compensation must be pursued through the statutory mechanism of
    arbitration under Section 3G(5), followed by recourse to the District Court
    under Section 34 of the Arbitration and Conciliation Act, rather than
    through a writ petition.

    3.7. It is contended that the entire acquisition process–from the
    initial Section 3A notification dated 02.03.2021 through subsequent
    notifications, the Section 3G notice dated 28.02.2023, the awards dated
    16.01.2024 and 09.03.2024, and the modified apportionment dated
    05.09.2024–was conducted strictly in accordance with law. It is
    contended that the petitioner has neither established any violation of
    statutory procedure nor demonstrated entitlement to additional benefits.
    The respondent therefore seeks dismissal of writ petition, apart from
    vacating the interim relief granted earlier.

    4. A reply affidavit is filed by the petitioner, in response to the counter
    affidavit of the 5th respondent, essentially contending that the respondents
    themselves have admitted to serious procedural lapses–particularly the
    incorrect identification of survey numbers, extents, and ownership–and
    that such “bona fide mistakes” cannot justify deprivation of his property,
    which is protected under Article 300A of the Constitution.

    4.1. It is contended that the respondent’s own admission of
    errors–such as wrongly reflecting his land in Survey No. 473 instead of
    Survey No. 497 and subsequently correcting it through modification orders
    dated 04.09.2024 and 05.09.2024–undermines the legality of the entire
    process. He contends that once the foundation of acquisition, namely
    identification of land and landowner, is flawed, the subsequent
    proceedings, including awards dated 16.01.2024 and 09.03.2024, cannot
    13
    wp_30596_2025
    NBK, J

    stand. The petitioner contends that the respondent’s claim that he failed to
    submit documentary proof or objections is unsustainable, because such
    failure was a direct consequence of the authorities’ own defective
    notifications, which neither mentioned his name nor accurately described
    his land.

    4.2. The petitioner further argues that the respondents have merely
    recited the legal procedure under the National Highways Act, 1956 without
    demonstrating actual compliance. He stresses that due to incorrect and
    incomplete notifications under Sections 3A and 3D, coupled with lack of
    proper communication, he was effectively deprived of his right to file
    objections under Section 3C within the stipulated 21-day period. He
    highlights that even the respondent’s claim–that no objections were filed
    within 21 days from the newspaper publication dated 25.03.2021–is
    untenable, because the notification itself lacked essential details such as
    pattadar names and correct survey particulars. He also points out that no
    supporting records of objections or enquiry proceedings were filed by the
    respondent to substantiate their claims.

    4.3. It is contended that although survey and sub-division
    verification were allegedly completed by November 2021, the authorities
    issued multiple and overlapping notifications, including a Section 3A
    notification on 19.04.2022 after already issuing a Section 3D declaration
    on 22.02.2022, which is procedurally impermissible. He further states that
    yet another Section 3A notification dated 09.12.2024 was issued for an
    additional extent of Ac.0-13½ guntas, of which he had no prior knowledge
    and which was not even furnished to him.

    4.4. The petitioner also challenges the respondent’s interpretation
    of statutory requirements, particularly the claim that Section 3A
    14
    wp_30596_2025
    NBK, J

    notifications need not include pattadar names. He asserts that the law
    requires a “brief description” of the land, which, as per NHAI guidelines,
    includes ownership details, and that omission of such information deprived
    him of meaningful notice. He emphasizes that given his residence outside
    the village and absence of direct communication, mere newspaper
    publication was insufficient, especially when the authorities themselves
    resorted to additional modes like Gram Panchayat notices and personal
    service in other contexts.

    4.5. It is contended that the failure of respondent authorities to
    assess structures and trees reflects incomplete and defective surveys. It is
    contended that the supplementary award for such assets was passed only
    on 10.09.2025–long after issuance of Section 3E notices in 2023–and
    was never communicated to him; thereby rendering both the possession
    notices and the supplementary award legally invalid.

    4.6. It is contended that there are glaring contradictions in the
    respondents’ stance, as the respondents, on one hand, attribute errors to
    lack of information from farmers, while on the other hand they admit to
    issuing multiple notifications due to their own omissions in identifying
    required extents. It is contended that all relevant records and survey
    authority lie with the respondents, and therefore blaming landowners is
    unjustified, and that even the respondent has admitted that award enquiry
    notices dated 08.03.2023 contained incorrect survey details,thereby
    reinforcing his claimthat he was never properlynotified.

    4.7. It is contended that while the respondents insist on strict
    compliance by landowners (such as filing objections within 21 days), they
    themselves failed to ensure accurate notifications or effective
    communication; and that in some instances, awards were passed for extents
    15
    wp_30596_2025
    NBK, J

    inconsistent with those mentioned in notifications. It is contended that
    these defects deprived him of his statutory right to object and claim
    compensation, and therefore the entire acquisition, including the impugned
    modification orders, is illegal, arbitrary, and unconstitutional.

    5. Heard Mr. Ch. Ravi Kumar, learned counsel for the petitioners;
    learned Standing Counsel for NHAI, learned Standing Counsel for
    CALA,and Mr. B. Narasimha Sarma, learned Additional Solicitor General
    of India. Perused the record.

    6. Learned counsel for the petitioner contends that the petitioner is the
    absolute owner of agricultural land admeasuring Ac.08-35 guntas situated
    in Nawabpet Village, Chityal Mandal, Jayashankar Bhupalapally District,
    comprising Ac.06-07 guntas and Ac.02-28 guntas in Survey No.497, and
    that he was kept completely in the dark regarding the acquisition
    proceedings initiated for the proposed highway. It is submitted that
    although a notification under Section 3A dated 02.03.2021 and another
    dated 19.04.2022 were issued, only a vague part extent in Survey No.497
    was notified without mentioning the names of pattadars or sub-division
    details, thereby leaving the petitioner uncertain as to whether his land was
    affected and to what extent. Counsel argues that this fundamental defect
    deprived the petitioner of his valuable right to file objections under Section
    3C
    within the prescribed time. It is further contended that the subsequent
    Section 3D declarations issued in 2022, including those dated 22.02.2022
    and 07.10.2022, were neither communicated to the petitioner nor did they
    contain his name against Survey No.497, while erroneously reflecting his
    name against Survey No.473, a land in which he has no interest, thereby
    causing confusion and preventing him from asserting his rights.

    16

    wp_30596_2025
    NBK, J

    6.1. Learned counsel submits that no notice was ever served upon
    the petitioner in respect of Survey No.497, including the award enquiry
    notice dated 08.03.2023, and that the awards dated 16.01.2024 and
    09.03.2024 were passed in the names of third parties without reference to
    the petitioner’s ownership. It is argued that the first time the petitioner’s
    name appeared in relation to the subject land was only in the survey report
    dated 01.06.2024 and thereafter in the impugned modification orders dated
    04.09.2024 and 05.09.2024, whereby his name was substituted in place of
    three other pattadars for an extent of 11,481 sq. meters and additionally
    inserted for 574.38 sq. meters, all without any fresh notification, notice, or
    enquiry. Learned counsel emphasizes that such post facto inclusion is
    wholly illegal and cannot cure the foundational defects in the acquisition
    process.

    6.2. It is further contended that the authorities acted in a negligent
    and arbitrary manner by issuing multiple and overlapping notifications for
    the same survey number in 2022, without ever properly identifying the
    petitioner’s land in accordance with revenue records, and by conducting
    surveys in 2024 without prior notice to the petitioner. Learned counsel
    submits that no compensation was ever determined or awarded for the
    structures, trees, and other assets on the petitioner’s land, and that even
    award notices were issued in the names of third parties, thereby denying
    the petitioner his statutory right to participate in the acquisition
    proceedings and claim compensation. It is contended that the impugned
    modification order dated 05.09.2024has been issued in complete violation
    of statutory procedure and guidelines issued by the Ministry of Road
    Transport and Highways, and without affording any opportunity of
    hearing.

    17

    wp_30596_2025
    NBK, J

    6.3. Learned counsel further submits that the respondent
    authorities are now attempting to take possession of the land and deposit
    compensation in Court, while simultaneously interfering with the
    petitioner’s agricultural activities, despite there being standing crops on the
    land. It is thus contended that the entire acquisition process, insofar as it
    relates to the petitioner’s land, is vitiated by lack of notice, incorrect
    identification, denial of opportunity, and absence of lawful compensation
    determination, and therefore the impugned proceedings are liable to be set
    aside.

    7. Learned counsel for the petitioners relies on:

    1) Akkala Chandrakala v. The State of Telangana 1;

    2) Kolkata Municipal Corporation v. Bimal Kumar Shah 2;

    3) B.K. Ravichandra v. Union of India 3;

    4) Hindustan Petroleum Corpn. Ltd. v. Darius Shapur
    Chenai
    4;

    5) K. Ramachandram v. State of Telangana 5;

    6) Madi Satyavati v. State of Telangana 6;

    7) Manorama Devi v. National Highways Authority of India 7;

    8) Nagpur Improvement Trust v. Vithal Rao 8;

    9) National Highways Authority of India v. P. Nagaraju alias
    Cheluvaiah 9;

    10)Ranivr Singh v. National Highways Authority of India 10;

    1

    W.P. No. 11486 of 2024 (Telangana High Court)
    2
    (2024) 10 SCC 533
    3
    (2021) 14 SCC 703
    4
    (2005) 7 SCC 627
    5
    W.P. No. 23939 of 2013 (Telangana High Court)
    6
    W.A. No. 676 of 2023 (Telangana High Court)
    7
    Neutral Citation No. 2023:AHC:240588 – DB (Allahabad High Court)
    8
    (1973) 1 SCC 500
    9
    (2022) 15 SCC 1
    18
    wp_30596_2025
    NBK, J

    11) Union of India v. Shiv Raj 11;

    12) State of Uttar Pradesh v. Singhara Singh 12

    7.1. In Akkala Chandrakala (supra), this Courtconsidered a
    dispute over land acquisition for the development of National Highway
    765DG. The petitioners, whose homes were being acquired, sought
    Rehabilitation and Resettlement (R&R) benefits under the Right to Fair
    Compensation and Transparency in Land Acquisition, Rehabilitation and
    Resettlement Act, 2013
    , while government authorities argued that such
    benefits were not applicable to the road-widening project under the
    National Highways Act, 1956. This Court, by interim order dated
    12.11.2024, rejected the authorities’ prayer to vacate an earlier stay order
    and indicated that highway acquisitions remain subject to modern R&R
    protections, and granted status quo until final hearing, while allowing
    authorities to begin the formal process of determining and awarding R&R
    compensation.

    7.2. In Bimal Kumar Shah (supra), the Hon’ble Supreme Court
    broadened the understanding of the constitutional right to property under
    Article 300-A of the Constitution of India by stating that lawful land
    acquisition requires more than just public purpose and compensation. The
    Hon’ble Supreme Court identified seven essential procedural sub-rights–
    including the right to notice, the right to be heard, and the right to a
    reasoned decision–along with requirements for an efficient process and
    fair rehabilitation. Ruling against the Kolkata Municipal Corporation, the

    10
    2023 SCC OnLine All 5276
    11
    (2014) 6 SCC 564
    12
    1963 SCC OnLine SC 23
    19
    wp_30596_2025
    NBK, J

    Supreme Court held that any State action that ignores these safeguards is
    invalid.

    7.3. In B.K. Ravichandra (supra), the Hon’ble Supreme Court
    clarified the limits of Government power over private property. The
    Supreme Court held that although the right to property is no longer a
    fundamental right, it remains a constitutional safeguard under Article 300-
    A
    of the Constitution of India, protecting both physical land and intangible
    assets, and the government cannot occupy private land indefinitely without
    proper legal authority, as prolonged possession amounts to unlawful
    deprivation of property. Emphasizing the rule of law, the Court rejected
    any notion that the State can act with “royal prerogative” and insisted that
    all State actions must be backed by clear statutory authority. As a result,
    the Court ordered the return of land that had been held by the government
    for over thirty years and directed that fair compensation be paid to the
    rightful owners.

    7.4. In Darius Shapur Chenai (supra), the Hon’ble Supreme
    Court examined the procedural safeguards required under the Land
    Acquisition Act, 1894
    during the acquisition of private property. The
    Supreme Court focused on whether the State had genuinely considered the
    landowner’s objections as required under Section 5-A of the Land
    Acquisition Act, 1894. It held that the right to object and be heard under
    Section 5-A is a significant safeguard–comparable in importance to a
    fundamental right–and must involve a real and careful consideration by
    the government rather than a mere formality. The Court further ruled that
    when such decisions are challenged, the government must produce its
    records to demonstrate that a fair decision-making process was followed.
    Since the State failed to provide adequate evidence or a proper counter-

    20

    wp_30596_2025
    NBK, J

    affidavit, the Court upheld the quashing of the acquisition, reinforcing that
    laws allowing the taking of private property must be strictly interpreted to
    prevent arbitrary state action.

    7.5. In K. Ramachandram (supra), this Courtexamined whether
    the government had followed the required statutory procedures while
    attempting to acquire the petitioner’s land; and held that although the
    preliminary notification remained valid because it had been properly
    extended, the later declaration was unlawful due to the authorities’ failure
    to prepare and publish mandatory rehabilitation and resettlement schemes
    under the Right to Fair Compensation and Transparency in Land
    Acquisition, Rehabilitation and Resettlement Act, 2013
    . Finding that these
    procedural safeguards are essential to protect the landowner’s rights, the
    declaration was quashed with a direction to the government to strictly
    comply with the Act if it wishes to proceed with the acquisition, while also
    encouraging both parties to pursue an amicable settlement through land
    exchange or fair monetary compensation.

    7.6. In Madi Satyavati v. State of Telangana 13, the Division
    Bench of this Court dealt with a matter pertaining to land acquisition for a
    railway project; and held that not only the mother, but also her three
    daughters, qualify as an affected family under Right to Fair Compensation
    and Transparency in Land Acquisition, Rehabilitation and Resettlement
    Act, 2013
    ; and modified a prior order to ensure that rehabilitation benefits
    are determined for the daughters in addition to the mother’s solatium and
    allowed the appellants to seek a formal reference if they are dissatisfied
    with the final monetary compensation, reinforcing that the rights of all
    affected family members must be recognized in land acquisition cases.

    13

    W.A. No. 676 of 2023 (Telangana High Court)
    21
    wp_30596_2025
    NBK, J

    7.7. In Manorama Devi (supra), the Allahabad High Court
    adjudicated a petition filed by Manorma Devi against the National
    Highway Authority of India. The Allahabad High Court addressed her
    claim for rehabilitation and resettlement benefits, which she had not
    received despite being compensated for her land. The Court observed that
    her grievance aligned with previous cases under the Right to Fair
    Compensation and Transparency in Land Acquisition, Rehabilitation and
    Resettlement Act, 2013
    , where affected landowners were entitled to
    additional support. It directed the authorities to prepare a formal proposal
    within six months to provide the petitioner with entitlements for housing,
    employment, and relocation as outlined in the Second Schedule of the Act,
    and granted legal relief consistent with earlier, similar judgments.

    7.8. In Nagpur Improvement Trust (supra), the Hon’ble
    Supreme Court examined whether the Nagpur Improvement Trust Act
    violated Article 14 of the Constitution of India by allowing the State to
    acquire property at lower compensation rates than standard national laws.
    The Supreme Court held that the Government cannot justify paying
    different amounts for similar lands based solely on which authority
    conducts the acquisition or the stated public purpose. Emphasizing the
    principle of equal protection, the judgment affirmed that landowners are
    entitled to consistent, market-value compensation regardless of the
    acquiring body, and dismissed the appeal, ruling that discriminatory
    treatment in compensation or statutory bonuses is unconstitutional.

    7.9. In P. Nagaraju alias Cheluvaiah (supra), the Hon’ble
    Supreme Court addressed the determination of fair compensation and
    clarified the role of Courts in reviewing arbitral awards under Section 34
    of the Arbitration and Conciliation Act, 1996. The Supreme Court held that
    22
    wp_30596_2025
    NBK, J

    an arbitrator’s failure to provide adequate and intelligible reasoning for
    compensation constitutes a ground of “patent illegality,” justifying judicial
    intervention. Emphasizing equitable treatment for landowners, including
    solatium and interest, the ruling aligned compensation practices with
    constitutional protections and remanded the matter for recalculation of the
    property’s market value using proper evidence and updated guideline rates.

    7.10. In Ranivr Singh (supra), the Allahabad High Court
    addressed petitions by displaced families who claimed that the National
    Highway Authority of India had failed to provide mandatory rehabilitation
    and resettlement benefits under the Right to Fair Compensation and
    Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
    2013
    . The Court held that the status of affected families must be properly
    assessed, rejecting the authorities’ contention that linear road projects
    cause minimal disruption. It directed the competent authority to conduct a
    thorough inquiry and submit a resettlement proposal to the District
    Collector, ensuring that eligible landowners receive entitlements such as
    housing units, employment opportunities, or relocation allowances as part
    of their compensation.

    7.11. In Shiv Raj (supra), the Hon’ble Supreme Court considered
    the validity of land acquisition proceedings under the Land Acquisition
    Act, 1894
    . The Supreme Court highlighted procedural lapses, including
    violations of natural justice where objections were heard by one official
    but the final report was issued by another without a fresh hearing. It also
    examined the impact of the Right to Fair Compensation and Transparency
    in Land Acquisition, Rehabilitation and Resettlement Act, 2013
    on older
    cases where the government delayed possession or failed to provide
    compensation for over five years.

    23

    wp_30596_2025
    NBK, J

    7.12. InSinghara Singh (supra), the Hon’ble Supreme Court
    addressed the admissibility of oral testimony regarding a defendant’s
    confession, arising from a Second-Class Magistrate’s failure to follow
    procedures under Section 164 of the Code of Criminal Procedure, 1973.

    8. Per contra, learned counsel for the NHAI contends that the
    acquisition proceedings have been carried out strictly in accordance with
    law and that the petitioner has already been awarded adequate and lawful
    compensation. It is submitted that a total extent of 11,989.237 square
    meters belonging to the petitioner was duly notified through two Section
    3A notifications, namely S.O. No. 1016(E) dated 02.03.2021 covering
    11,481.00 square meters and S.O. No. 1869(E) covering the balance extent
    of 508.237 square meters in Survey No. 497 of Nawabpet Village, and the
    same was followed by valid Section 3D declarations. Learned counsel
    contends that, based on survey records, the land was initially reflected in
    the name of Nerella Padma, and since certain landowners failed to produce
    title documents during the award enquiry, apportionment was finalized on
    the basis of enjoyment as reported by the survey team. Upon verification,
    the petitioner’s name was rightly substituted in place of the original
    awardee through a modified apportionment order dated 05.09.2024, and
    compensation as determined by the competent authority is ready to be
    deposited. It is further contended that if the petitioner has any grievance
    regarding the quantum of compensation, an efficacious alternative
    statutory remedy is available under Section 3G(5) of the National
    Highways Act, 1956 before the Arbitrator-cum-District Collector, with
    further recourse under Section 34 of the Arbitration and Conciliation Act,
    1996, and therefore the writ petition is not maintainable.

    24

    wp_30596_2025
    NBK, J

    8.1. Learned counsel also submits that the petitioner is not entitled
    to any benefits under the Rehabilitation and Resettlement provisions of the
    RFCTLARR Act, 2013, as he does not fall within the definition of a
    “displaced family” under Section 3(k), having neither been relocated nor
    resettled, and only a portion of his land has been acquired. It is contended
    that the petitioner has failed to produce any evidence of loss of livelihood
    or displacement so as to qualify as an “affected family” under Section 3(c),
    and in any event, partial acquisition does not deprive him of his means of
    sustenance, especially when he retains the remaining land. Learned counsel
    further submits that the compensation awarded, being substantial and in
    accordance with Sections 26 to 30 of the Act, is sufficient to enable the
    petitioner to secure alternative arrangements if required, and that claims for
    resettlement and rehabilitation must be supported by cogent evidence
    demonstrating inadequacy of compensation, which is absent in the present
    case. It is also contended that the provisions of the RFCTLARR Act, 2013
    relating to social impact assessment and rehabilitation are not
    automatically applicable to acquisitions under the National Highways Act
    unless specifically extended, and no such requirement arises in the present
    case.

    8.2. Learned counsel contends that the project in question is a
    public infrastructure project of national importance and that any injunction
    against such a project is barred under Section 20-A of the Specific Relief
    Act, 1963, as it would cause undue delay and adversely affect public
    interest, and that issues relating to compensation, even if assumed, cannot
    be a ground to challenge the acquisition proceedings themselves, and
    therefore the writ petition be dismissed as devoid of merit.

    25

    wp_30596_2025
    NBK, J

    9. Learned counsel for the Competent Authority for Land Acquisition
    (CALA) contends that the entire acquisition process was carried out
    strictly in accordance with the provisions of law, beginning with the
    issuance of the Section 3A notification dated 02.03.2021 for an extent of
    11,481 sq. mtrs in Survey No.497, while the total extent under acquisition
    as per sub-division records was Ac.02-38½ guntas (11,989.237 sq. mtrs),
    for which subsequent 3D declaration covered 11,481 sq. mtrs and the
    balance 508.237 sq. mtrs was notified through additional 3A and 3D
    notifications. It is submitted that although the petitioner’s name was not
    initially reflected in Survey No.497 due to a bona fide error in the survey
    report, the same was duly rectified through a re-survey, and awards dated
    10.01.2024 and 09.03.2024 were passed determining compensation in
    accordance with Sections 26 to 30 of the RFCTLARR Act, 2013. Learned
    counsel contends that despite issuance of Section 3G notices and conduct
    of award enquiry, the petitioner neither filed objections to the 3A
    notification nor participated in the enquiry nor submitted documentary
    evidence, and even after issuance of Section 3E notices calling upon him to
    receive compensation, he failed to do so. It is further submitted that upon
    requests from certain land losers, a re-enjoyment survey was conducted,
    which revealed that the petitioner’s land measuring Ac.03-12 guntas was
    actually situated in Survey No.497 instead of Survey No.473, leading to
    issuance of modified orders dated 05.09.2024, wherein Ac.02-38½ guntas
    was finalized and the remaining Ac.0-13½ guntas was covered under an
    additional 3A notification dated 09.12.2024. Learned counsel also contends
    that earlier 3D declarations dated 22.02.2022 and 07.10.2022 had
    mistakenly recorded three other pattadars, which were later corrected
    pursuant to re-survey. It is argued that all statutory requirements of
    publication were complied with by issuing notifications in two local
    26
    wp_30596_2025
    NBK, J

    newspapers, including one vernacular, and by serving individual notices
    dated 08.03.2023 under Section 3G to the petitioner’s address, which were
    duly received by his tenant as certified by the Tahsildar vide letter dated
    28.11.2025. It is further submitted that out of 84 identified land losers in
    Nawabpet village, 69 have already received compensation as per modified
    orders, while compensation in respect of 12 persons is under dispute and
    referred to the District Court. Additionally, a supplementary award dated
    10.09.2025 determined Rs.15,07,096/- towards structures and trees in
    Survey No.497. Learned counsel contends that out of 615 affected persons,
    only the present petitioner has approached this Court with an intention to
    stall the acquisition process, despite environmental clearance having been
    granted on 05.07.2023. It is contended that the writ petition is devoid of
    merit and liable to be dismissed.

    10. Learned Additional Solicitor General relies on several judgments in
    support of his contention that a writ remedy is not maintainable in the
    instant case; particularly on Ramniklal N. Bhutta v. State of
    Maharashtra
    14 and contends that the Courts have to weigh the public
    interest vis-à-vis the private interest while exercising the power and there
    are many ways of affording appropriate relief and redressing a wrong, and
    that quashing of acquisition proceedings is not the only mode of redress.

    10.1. He also relies on Nerajala Nageswara Rao v. Union of
    India
    15, to contend that alternative remedy harsh one should not be
    resorted in public purpose projects and larger public purpose prevails over
    individual interest.
    He also relies on N.G. Projects Ltd. v. Vinod Kumar

    14
    1997 (1) SCC 134
    15
    2017 SCC Online Hyd 250
    27
    wp_30596_2025
    NBK, J

    Jain16, to contend that construction of road is an infrastructure project and
    keeping in view the intent of the legislature that infrastructure projects
    should not be stayed, the High Court would have been well advised to hold
    its hand to stay the construction of the infrastructure project.

    10.2. He also relies on Bluepark Seafoods (P) Ltd v. District
    Collector17 and contends that in case of acquisition for benefit of general
    public, the landowner can stake claim for reasonable compensation and
    nothing beyond that. Relying on NHAI v. Sayedabad Tea Company
    Ltd 18, it is contended that National Highways Act is a special enactment
    and a comprehensive code which provides an inbuilt mechanism for
    initiating acquisition until culmination of the proceedings in determining
    the compensation and its adjudication by arbitrator under Section 3-G(5) of
    the NH Act.

    10.3. He also relies on the judgment of the High Court of
    Karnataka, at Bengaluru, in W.P.No.10103 of 2020 (LA-RES) and
    batch, dated 19.07.2022, and contends that in the said case, the High
    Court of Karnataka has set aside the awards passed by the CALA and
    directed the authority to redetermine the compensation afresh, and if the
    parties are aggrieved by the fresh awards passed by the CALA, the parties
    can approach the arbitrator.

    10.4. He also relies on the judgment of Hon’ble Supreme Court in
    M/s Tirupati Developers v. The Union Territory of Dadra and Nagar
    Haveli
    19, and contends that the Hon’ble Supreme Court directed the
    Collector to give one opportunity to the appellant therein to submit its

    16
    2022 (6) SCC 127
    17
    2011 SCC OnLine AP 267
    18
    (2020) 15 SCC 161
    19
    Civil Appeal No.4952 of 2023, dated August 7, 2023
    28
    wp_30596_2025
    NBK, J

    objections, followed by personal hearing and thereafter pass appropriate
    award after holding inquiry under Section 23 of the RTCTLARR Act, and
    therefore similar dispensation may be shown in the present writ petition as
    well in view of similarity of facts.

    11. Having considered the respective contentions and perused the
    record, it may be noted that the grievance of the petitioners essentially is
    that multiple notifications under Sections 3A and 3D of the National
    Highways Act were issued with incomplete information, inadequate
    publication, and without providing proper landowner-wise details, maps, or
    an effective opportunity to file objections with regard to the acquisition of
    their agricultural lands for the proposed four-lane National Highway-163G,
    and that their objections were not properly considered. It is also contended
    that the authorities proceeded with the declaration and award process even
    before obtaining environmental clearance, issued additional notifications
    without informing the affected landowners, and passed incomplete
    compensation awards without determining compensation for structures and
    trees, and without granting rehabilitation and resettlement benefits as
    required under the RFCTLARR Act, 2013 and the Removal of Difficulties
    Order, 2015. They also allege denial of statutory entitlements, and attempts
    by the authorities to forcibly take possession of their lands without paying
    lawful compensation, thereby threatening their livelihood as small and
    marginal farmers. It is also their grievance that the compensation cannot be
    confined only to the land on the mere ground that the land is an
    agricultural extent, and that compensation should also be granted for the
    structures existing on the land, and rehabilitation and resettlement benefits
    should be extended to the petitioners.

    29

    wp_30596_2025
    NBK, J

    11.1. On the contrary, the essential contention of the respondents
    (NHAI and CALA authorities) is that the acquisition of the petitioners’
    land for the construction of the four-lane National Highway-163G
    (Mancherial-Warangal Greenfield Corridor) has been carried out strictly in
    accordance with the procedure prescribed under the National Highways
    Act, 1956
    and the applicable provisions of the RFCTLARR Act, 2013, and
    that all statutory steps–issuance of notifications under Sections 3A and
    3D, consideration of objections under Section 3C, conduct of enquiry, and
    passing of compensation awards under Section 3G–were duly followed.
    According to them, adequate opportunity was given to the landowners, and
    compensation has been determined and deposited as per law. It is also their
    contention that the entire village or villages have not been acquired,
    requiring the villagers, along with their houses, cattle, and livelihood, to be
    shifted/relocated to an alternative location, or re-establish the village at
    some other place entirely; but only such extent of land(s) that is under
    alignment would go into the highway project, and only such limited
    extents of land(s) were acquired, and therefore there cannot be any
    contentions of displacement of persons requiring rehabilitation and
    resettlement under the RFCTLARR Act because they are not “displaced
    families”. It is contended that any grievance regarding compensation must
    be pursued through the statutory remedy of arbitration under Section 3G(5)
    of the National Highways Act rather than through a writ petition, and the
    petitioners’ allegations are unfounded. They further contend that the
    interim order restraining the project may be vacated since it delays a
    project of national importance and public interest.

    12. At this juncture, it is to be noted that the project concerns the laying
    of a four-lane National Highway (Mancherial-Warangal Greenfield
    30
    wp_30596_2025
    NBK, J

    Corridor), and that land acquisition has been undertaken for the said
    highway. In land acquisition for a National Highway of this nature,
    connecting highways across States, the acquisition process or the laying of
    the highway per se cannot be stalled indefinitely by taking recourse to the
    extraordinary jurisdiction of this Court. Ultimately, the sole grievance that
    can be agitated by the aggrieved persons is confined to the compensatory
    benefits in lieu of the lands acquired, which is pecuniary in nature.

    12.1 Further, the petitioners’ grievance with regard to entitlement
    to compensation for structures, trees, standing crops, or even alternative
    rehabilitation/resettlement benefits is also justiciable, provided such
    structures are legally permitted, and the CALA has certified that the
    structures/crops, etc., have been affected in the land acquisition process, in
    a way that resettlement and rehabilitation is necessary.

    12.2 Be that as it may, in land acquisition for a public purpose,
    unless there are proven malafides, neither is the acquisition liable to be set
    aside, nor can the opinion of experts–either with regard to the alignment
    of the highway or with regard to the determination of factual aspects such
    as the extent of land acquired and the monetary compensation payable–be
    substituted by exercising extraordinary jurisdiction under Article 226.

    13. At this juncture, it would be relevant to refer to the judgment of the
    Hon’ble Supreme Court in Union of India v. Kushala Shetty20, wherein it
    was held as follows:

    “24. Here, it will be apposite to mention that NHAI is a
    professionally managed statutory body having expertise in the
    field of development and maintenance of National Highways. The

    20
    (2011) 12 SCC 69
    31
    wp_30596_2025
    NBK, J

    projects involving construction of new highways and widening
    and development of the existing highways, which are vital for
    development of infrastructure in the country, are entrusted to
    experts in the field of highways. It comprises of persons having
    vast knowledge and expertise in the field of highway development
    and maintenance. NHAI prepares and implements projects relating
    to development and maintenance of National Highways after
    thorough study by experts in different fields. Detailed project
    reports are prepared keeping in view the relevant factors including
    intensity of heavy vehicular traffic and larger public interest. The
    Courts are not at all equipped to decide upon the viability and
    feasibility of the particular project and whether the particular
    alignment would subserve the larger public interest. In such
    matters, the scope of judicial review is very limited. The Court can
    nullify the acquisition of land and, in rarest of rare cases, the
    particular project, if it is found to be ex facie contrary to the
    mandate of law or tainted due to mala fides.”

    14. Further, it would be relevant to refer to the judgment of the Hon’ble
    Division Bench of this Court in Writ Appeal No.774 of 2024, dated
    07.08.2024, which is an appeal filed challenging a Notification for laying a
    national highway. The Hon’ble Division Bench, by referring to various
    precedent judgments of the Hon’ble Supreme Court, more particularly
    Kushala Shetty (supra), held as follows:

    “12. In view of aforesaid enunciation of law, it is evident that the
    projects involving construction of new highways and widening
    and development of existing highways are vital for development of
    infrastructure of the country. The projects have been entrusted to
    the experts in the field of highways and it comprises of persons
    having vast knowledge and expertise in the field of highway
    development and maintenance. The NHAI is implementing the
    32
    wp_30596_2025
    NBK, J

    project relating to development and maintenance after thorough
    study by experts.

    13. It is pertinent to note that in pursuance of the notification
    issued under the Act, award has already been passed on
    10.05.2022 and petitioners No.8 and 11 in W.P.No.24150 of 2021
    have even received the compensation. The project is virtually
    complete except for a small stretch.”

    15. In this connection, it is to be noted that under Section 3G of the
    National Highways Act, determination of compensation is entrusted to the
    Competent Authority for Land Acquisition (CALA). Significantly, Section
    3G(5) expressly provides that where the amount determined by the
    Competent Authority is not acceptable to either of the parties, the matter
    shall, on application, be referred to the Arbitrator appointed by the Central
    Government–ordinarily the District Collector. Thus, the statute itself
    creates a complete adjudicatory mechanism for redressal of disputes
    relating to compensation.

    16. Further, once the Arbitrator renders an award under Section 3G(5) of
    the National Highways Act, 1956, such award is governed by the
    provisions of the Arbitration and Conciliation Act, 1996; and the persons
    aggrieved by the arbitral award has a further statutory remedy under
    Section 34 of the Arbitration and Conciliation Act before the competent
    Civil Court.

    17. Though the existence of an alternative remedy is not a bar to
    invoking the writ jurisdiction of this Court under Article 226, its invocation
    comes with the rider that there should be exceptional circumstances,
    33
    wp_30596_2025
    NBK, J

    warranting invocation under Article 226 bypassing the statutory remedy. In
    this context, it is relevant to refer to the judgment of the Hon’ble Supreme
    Court in Whirlpool Corporation v. Registrar of Trademarks 21, wherein
    the Supreme Court held as follows:

    “15. Under Article 226 of the Constitution, the High Court, having
    regard to the facts of the case, has a discretion to entertain or not
    to entertain a writ petition. But the High Court has imposed upon
    itself certain restrictions one of which is that if an effective and
    efficacious remedy is available, the High Court would not normally
    exercise its jurisdiction. But the alternative remedy has been
    consistently held by this Court not to operate as a bar in at least
    three contingencies, namely, where the writ petition has been filed
    for the enforcement of any of the Fundamental Rights or where
    there has been a violation of the principle of natural justice or
    where the order or proceedings are wholly without jurisdiction or
    the vires of an Act is challenged.”

    18. In the instant writ petition, this Court does not find any violation of
    fundamental rights per se, or any violation of the principles of natural
    justice, or any jurisdictional error on the part of the respondent authorities;
    nor does the writ petition challenge the vires of the Act passed by the
    competent authority. Further, it is the specific unrebutted contention of the
    respondents, borne out by the record, that out of 615 affected persons, only
    the present petitioners are challenging the acquisition with the claim of
    compensation for structures, trees, etc., and also rehabilitation and
    resettlement benefits. Further, despite there being certain delay in
    obtaining environmental clearance, the very acquisition notifications
    cannot be set aside, as the issuance of notifications and their publication in

    21
    1998 (8) SCC 1
    34
    wp_30596_2025
    NBK, J

    Mana Telangana (Telugu) and The Hindu (English) newspapers, and
    considering of objections are prima facie not in dispute. The contention of
    the petitioners that the newspapers have little circulation and the
    petitioners were not aware cannot be countenanced, as primarily they
    submitted their objections.

    19. Though the petitioners contend that they are entitled to certain
    rehabilitation and resettlement benefits, it cannot be disputed that the
    competent authority should have certified that the affected landowner has
    been displaced. Furthermore, the petitioners have a two-step statutory
    remedy, one under the National Highways Act, 1956 and, if still aggrieved,
    the second under the Arbitration and Conciliation Act, 1996, and therefore
    the petitioners are not remediless.

    20. In light of the judgment of Hon’ble Supreme Court in Kushala
    Shetty
    (supra), and Whirlpool Corporation (supra), and also the
    judgment of the Hon’ble Division Bench in W.A. No.774 of 2024, dated
    07.08.2024, this Court does not find any exceptional circumstances to
    entertain the writ petition bypassing the statutory mechanism provided
    under the National Highways Act, 1956, followed by Arbitration and
    Conciliation Act, 1996
    .

    21. Accordingly, the writ petition is disposed of, relegating the
    petitioners to avail the statutory remedy under Section 3G(5) of the
    National Highways Act, 1956 and thereafter, if necessary, under Section 34
    of the Arbitration and Conciliation Act, 1996. No costs. Interim order dated
    35
    wp_30596_2025
    NBK, J

    13.10.2025 stands vacated. Miscellaneous petitions pending, if any, shall
    stand closed.

    ________________________________
    JUSTICE NAGESH BHEEMAPAKA
    07thApril, 2026

    ksm

    [ad_1]

    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here