THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 10929 OF 2011 Dated: 21.09.2011 Between : 1. Bhavirisetty Yaswant Kumar and 2 others. … Petitioners And 1. The Ministry of Road, Transport and Highways, Government of India, rep. By its Secretary, Central Secretariat, New Delhi-1 and 3 others. … Respondents The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 10929 OF 2011 ORDER: The petitioners 1 and 2 herein claim title to an extent of Ac.1-01 cent in D.No.136/1B and Ac.2-49 cents in D.No.134/1 respectively of Chowdavaram Village, Guntur Rural Mandal and District, which are stated to be continuous and contiguous. The 3rd petitioner claims to be the absolute owner of Ac.6-40 cents in D.No.134/1 and D.No.135/1 of the same village. Out of the said property, an extent of 1416 sq. meters belonging to the petitioners 1 & 2 and an extent of 3,764 sq. mts belonging to the petitioner No.3 were acquired under the provisions of the National Highways Act, 1956 (for short, ‘the Act’) for the purpose of widening of NH-5 from 4- lane to 6-lane in between Chilakaluripet and Vijayawada. Pursuant thereto, the 3rd respondent passed an award determining the compensation payable and the notice of award under Section 3H(2) of the Act was served on the petitioners. Consequently notice under Section 3E(1) of the Act dated 7.3.2011 was also issued calling upon the petitioners to hand over possession of the land acquired within 60 days from the date of notice. Aggrieved by the same, the present writ petition is filed contending that no compensation was awarded towards the loss or damage that was caused to the structures existing on the land acquired. It is also contended that the petitioners are entitled to receive compensation for the damage caused to the remaining building by severance as well as for developments and improvements made, the loss of earning and amounts spent for reconstruction and repair. According to the petitioners, the respondents 2 to 4 had not expertised to assess and determine the above said loss and damage being caused to the petitioners by virtue of the impugned acquisition and therefore they got issued legal notice dated 31.03.2011 calling upon the respondents 2 and 3 to cause survey and take measurements of the properties acquired duly noting the developments made to the land acquired and etc. They also made a further representation dated 2.4.2011 seeking survey of the land acquired. However the request of the petitioners was not considered and on the other hand 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 said to have 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