Writ Petition No. 18887 of 2010 · Andhra Pradesh High Court

This writ petition is filed questioning the notification issued by the 1st respondent- Government of India, Road Transport and Highways Ministry, New Delhi, under Sections 3A (1) and 3C (1) of the National Highways Act, 1956, which was published in Saakshi Telugu Daily Newspaper on 24.06.2010, proposing to acquire the lands of the petitioners including other lands, for public purpose. It is the grievance of the petitioners that pursuant to the impugned notification, they have submitted their objections to the proposed acquisition of their properties to the competent authority, the Revenue Divisional Officer concerned, but without considering the same and without paying compensation to them for the properties being acquired, the respondents are proceeding with laying of road on their lands. While admitting the writ petition on 03.08.2010, this Court passed interim orders in W.P.M.P. No. 23897 of 2010, directing the respondents not to dispossess the petitioners from the land in question without following due process of law. When the matter is taken up for consideration today, the learned Standing Counsel for NHAI submitted that the lands of the petitioners are being acquired for the public purpose of widening national highway and the acquisition is being taken place in accordance with law. He further submits that the matter is still at the stage of award enquiry and thus the petitioners can very well participate in the enquiry and submit their objections. He further submits that in batch of writ petitions, where the lands in Nalgonda District were proposed for acquisition for the public purpose for which the present acquisition is also taken up, this Court, having found that the acquisition is in accordance with law and award

has also been passed, dismissed the writ petitions, granting liberty to the petitioners therein to approach the Arbitrator- District Collector, Nalgonda, for enhancement of compensation. In view of the above submissions of the learned Standing Counsel for NHAI and in the facts and circumstances of the case, as the matter is stated to be still at the state of award enquiry, I deem it appropriate to dispose of the writ petition, granting liberty to the petitioners to participate in the award enquiry and submit their objections. The competent authority shall consider such objections, if any raised by the petitioners, while passing the award. The petitioners, if aggrieved by the award that may be passed by the competent authority after considering their objections, are at liberty to approach the Arbitrator- District Collector, Nalgonda, for enhancement of compensation. The writ petition is accordingly disposed of as above. No order as to costs. 10th December, 2010 IBL __________________ JUSTICE N.V. RAMANA