THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 9665 OF 2011 Dated: 21.09.2011 Between : 1. Maruthi Stone Crusher, Marripalem Village, Yedlapadu Mandal, Guntur District, rep. By its Proprietor Smt.Unnam Punyavathi And 13 others. … Petitioners And 1. The Ministry of Road, Transport and Highways, Government of India, rep. By its Secretary, Central Secretariat, New Delhi-1 and 6 others. … Respondents The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 9665 OF 2011 ORDER: The petitioners herein claim to be owners of industrial units, business establishments abutting the National Highway No.5 from Chilakaluripet to Vijaywada in Guntur District. By notification dated 15.12.2009 published under Section 3A of the National Highways Act, 1956 a part of the lands of the petitioners were acquired for the purpose of widening of NH-5 from 4-lane to 6-lane. Pursuant thereto, the respondent No.3 passed an award determining the compensation payable to the petitioners and award notices dated 7.3.2011 and 3.3.2011 under Section 3H(2) of National Highways Act, 1956 (for short, ‘the Act’) were served on the petitioners. The petitioners were also served notices under Section 3E(1) of the Act dated 7.3.2011 and 3.3.2011 calling upon the petitioners to hand over possession of the land acquired within 60 days from the date of notice. The petitioners made a representation dated 26.3.2011 requesting the respondents to assess and determine the loss and damage caused to the structures standing on the land as well as the industries of the petitioners. They also requested the respondents to take into consideration the developments and improvements made by them to the lands and to award compensation for the same. There was no response and in the meanwhile the respondents are proceeding to take possession of the acquired land. Hence the present writ petition seeking a declaration that the action of the respondents is arbitrary and illegal and seeking a further direction to the respondents to constitute the committee of experts to note down the improvements and developments made by the petitioners on the land acquired. I have heard the learned counsel for both the parties. As could be seen, the whole grievance of the petitioners is with regard to the alleged failure of the respondents in awarding compensation for the developments made by the petitioner on the land acquired as well as towards loss caused by severance of the existing buildings and etc. As per sub-section (5) of Section 3G of the Act, if the amount determined by the competent authority is not acceptable to either of the parties, it is open to the aggrieved party to make an application before the District Collector, who is the designated arbitrator under the Act. Hence, if aggrieved it is for the petitioner to avail the remedy provided under Section 3G (5) of the Act. However, the learned counsel for the petitioners contended that if the structures existing on the land in question are removed without assessing their value, it may not be possible for the petitioners to substantiate their claim for compensation for the structures as well as the development made by them even if they propose to initiate proceedings under Section 3G (5) of the Act. I find force in the said submission and therefore, I deem it appropriate to permit the petitioners to get the improvements and developments made to the land in question as well as the structures standing thereon assessed by an approved valuer before the buildings/structures are demolished so that the same can be taken into consideration if any proceedings are initiated as provided under the Act for enhancement of compensation. Accordingly, the petitioners are hereby permitted to get the improvements and developments made to the land in question as well as structures standing thereon assessed by an approved valuer and submit the report to the 2nd respondent within a period of four (4) weeks from today. Till such time, the respondents shall not dispossess the petitioners. The Writ Petition is accordingly disposed of. No costs. ____________ G. ROHINI, J Date: 21.09.2011 Note: Issue C.C. by 23.09.2011. B/o Pn/gbs