IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23058 of 2008 Between: 1 Goluguri Subbareddy, S/o. Gopala Reddy, R/o. Ravulapalem Village, East Godavari District. 2 Karri Murlai Gangadhara Reddy, S/o. Rama Krishna Reddy, R/o. Ravulapalem Village, East Godavari District. 3 Karri Venkatareddy, S/o. Ramakrishna Reddy, R/o. Ravulapalem Village, East Godavari District. 4 Kovvuri Nagireddy, S/o. Ramakrishna Reddy, R/o. Ravulapalem Village, East Godavari District. 5 Kovvuri Satyanarayana Reddy, S/o. Satyanarayana Reddy, R/o. Ravulapalem Village, East Godavari District. 6 Kovvuri Sreerama Reddy, S/o. Ramakrishna Reddy, R/o. Ravulapalem Village, East Godavari District. 7 Mallidi Veer Reddy, S/o. Bhupathi Reddy, R/o. Ravulapalem Village, East Godavari District. 8 Tadi Venkata Laxmi, s/o. Satyanarayana Reddy, R/o. Ravulapalem Village, East Godavari District. 9 Tetali Narayana Reddy, S/o. Sundara Rami Reddy, R/o. Ravulapalem Village, East Godavari District. 10 Sabbella Satyanarayana Reddy, S/o. Rami Reddy, R/o. Ravulapalem Village, East Godavari District. ..... PETITIONERS AND 1 National Highway Authority of India, Rep by its Project Director, Rajahmundry, East Godavari District. 2 The District Collector, East Godavari, at Kakinada. 3 Competent Authority and Revenue Divisional Officer, Amalapuram, East Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an order or writ one in the nature of Writ of Mandamus, declaring the action of the respondents in not granting the diﬀerential compensation amount as awarded by the Arbitrator-cum-Collector, East Godavari, Kakinada in referenced G6/6215/2004 dated 30-3-2008 to the petitioners for their lands which were acquired for widening of National Highway No. 5 as arbitrary, illegal unjust and unconstitutional and consequently to direct the respondents to pay the diﬀerential compensation amount ordered by the Arbitrator-cum-District Collector in the Proceedings dated 30-3-2008. Counsel for the Petitioners:SMT.N.SHOBA Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: Diﬀerent extents of the land, belonging to the petitioners, were acquired by the National Highway Authority of India, the ﬁrst respondent herein, for the purpose of widening National Highway No.5 at Ravulapalem Village, East Godavari District. An award was passed under Section 3G(1) of the National Highways Act, 1956 (for short ‘the Act’), on 10.06.2004. Not being satisﬁed with that amount, the petitioners sought for reference of the matter to an Arbitrator under Section 3G(5) of the Act, to the District Collector, East Godavari, the second respondent. Through his order, dated 30.03.2008, the second respondent enhanced the compensation. The grievance of the petitioners is that the ﬁrst respondent is not paying the enhanced compensation and they seek appropriate directions, in this regard. Heard learned counsel for the petitioners, learned Standing Counsel for the ﬁrst respondent and learned Government Pleader for Land Acquisition. Had the award, dated 30.03.2008, passed by the second respondent, become ﬁnal, there would not have been any diﬃculty for this Court in directing the ﬁrst respondent to comply with the same. However, it is brought to the notice of this Court that the ﬁrst respondent had availed the remedy under the Arbitration and Conciliation Act 1996, against the award, dated 30.03.2008, before the Court of Principal District Judge, Rajahmundry. It is stated that the case was numbered as A.A.O.P.No.4 of 2008. Therefore, the petitioners have to enter appearance in that O.P., and work out their remedies. The Writ Petition is accordingly disposed of, leaving it open to the petitioners to work out their remedies in the pending A.A.O.P.No.4 of 2008 on the ﬁle of the Principal District Judge, Rajahmundry. There shall be no order as to costs. ____________________ Dt.03.11.2008 L.NARASIMHA REDDY, J GJ