THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 21802 OF 2011 Dated: 16.08.2011 Between : Dhanimkula Padma … Petitioner And The National Highways Authority of India and 4 others … Respondents The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 21802 OF 2011 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in not evaluating the structures in Plot Nos.5, 6, 7 and 8 situated in Revenue Survey No.452-1G1B2A of Potturu Village, Guntur Mandal, Guntur District is arbitrary and illegal. The petitioner also seeks a further direction to the 2nd respondent to pay the awarded compensation amount of Rs.5,46,626/- to the petitioner being the land cost. I have heard the learned counsel for both the parties and perused the material available on record. It is not in dispute that the land in question was acquired by initiating proceedings under the National Highways Act, 1956 (for short ‘the Act’) for the purpose of widening of National Highway No.5 from four-lane to six-lane. Pursuant thereto the amount payable as compensation was determined and award notice dated 07.03.2011 was issued under Section 3H (2) of the Act. By separate notice dated 07.03.2011 by the 4th respondent issued under Section 3E (1) the Act the petitioner was requested to handover possession of the land in question on or before 60 days from the date of receipt of the said notice. In pursuance thereof the petitioner appeared before the 2nd respondent and submitted a representation requesting to take steps for assessing the value of the structures existing on the land. However, the petitioner’s request was not considered and she was not even paid the compensation awarded to the land. On the other hand the respondents are proceeding to take the possession of the land. Aggrieved by the said action, the present writ petition is filed. In the counter affidavit filed on behalf of the respondents, it is stated that the award dated 15.11.2010 included the value of the structures and therefore, there was no need for further evaluation of the structures. As could be seen, whereas the petitioner claimed that the compensation for the structures existing on the land acquired is yet to be determined, it is contended by the respondents that the Award, dated 15.11.2010, included the value of the structures. Such a disputed question of fact cannot be decided by this Court on the basis of the affidavits filed by the parties. Moreover, 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 petitioner contended that if the structures existing on the land in question are removed without assessing their value, it may not be possible for the petitioner to substantiate her claim for compensation for the structures even if she proposes 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 petitioner to get the buildings in question 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 petitioner is hereby permitted to get the buildings/structures in question assessed by an approved valuer and submit the same to the 2nd respondent within a period of three (3) weeks from today. Till such time, the respondents shall not demolish the structures in question. The Writ Petition is accordingly disposed of. No costs. ____________ G. ROHINI, J Date: 16.08.2011 Note: Issue C.C. by tomorrow. B/o Ivd