THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.24763 OF 2011 DATED: 09.09.2011 Between : 1. Mohd. Khasim and 2 others. … Petitioners And 1. The District Collector, Hyderabad District At Hyderabad and 2 others. .. Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.24763 OF 2011 ORDER: The petitioners herein claim to be the absolute owners and possessors of the property bearing Municipal Nos.5-2-72 to 76 admeasuring 171 sq. yards situated at Janbagh, Hyderabad. This writ petition is filed seeking a declaration that the action of the respondents in seeking to dispossess the petitioners for the purpose of the proposed road widening from Putlibowli junction to M.J. Market junction as arbitrary and illegal. Admittedly the petitioners had given their consent in the year 2009 for acquisition of the land required for the purpose of road widening on payment of compensation. It is stated that while submitting their consent letters, they also made a representation dated 8.6.2009 requesting to grant permission for construction of ground + upper floors on the House bearing Nos.5-2-90 and 5-2-91 located adjacent to the property required for road widening. Alleging that without giving any response to their request and without making payment of compensation as contemplated under the Land Acquisition Act, 1894 (for short, ‘the Act’), the respondents are attempting to dispossess the petitioner from the premises bearing Nos.5-2-72 to 5-2- 76, the present writ petition is filed seeking a declaration that the said action of the respondents is arbitrary and illegal. The learned Government Pleader for Land Acquisition appearing for the respondents 1 and 2 on instructions submitted that the allegations of the petitioners were incorrect and without any basis and in fact an award was passed by the 2nd respondent on 31.01.2011 fixing the compensation for the land acquired for the purpose of road widening from Putlibowli junction to M.J. Market junction. The learned Government Pleader has placed before this Court a copy of the said award as well as Form-9 Notice dated 23.04.2011 issued to the writ petitioners under Section 12 (2) of the Land Acquisition Act. In the said notice, dated 23.04.2011, the petitioners were informed that a sum of Rs.42,94,649/- had been awarded towards compensation for the land acquired out of the premises bearing Nos.5-2-72 to 5-2-76. They were also informed that the matter had been referred to the Civil Court under Section 30 of the Act and the amount had been deposited in the Court under Section 31 of the Act. It is also clear from a perusal of the award dated 31.01.2011 that the petitioner No.3 herein appeared before the Land Acquisition Officer and submitted the documents to substantiate their claim. However as the Legal Heir Certificate/Family Member Certificate was not produced, it was decided by the Land Acquisition Officer to refer the matter to the Civil Court under Section 30 of the Act for adjudication and disbursement of compensation to the rightful owners. Having regard to the admitted fact that the petitioners have given consent for acquisition and that an award has been passed by the 2nd respondent following due process of law determining the compensation to which the petitioners are entitled to, the allegation of the petitioners that the respondents are attempting to dispossess them high-handedly is unfounded. Even assuming that the plea of the petitioners that the respondents failed to consider their representation dated 8.6.2009 for permission to make constructions in the adjacent premises is correct, the same cannot be a valid ground to restrain the respondents from taking possession of the land in question in view of the fact that the respondent No.2 has already passed an Award following due process of law. Accordingly, the Writ Petition, which is devoid of merit, is hereby dismissed. No costs. ______________ G. ROHINI, J. Dt. 09.09.2011 gbs