HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28703 of 2011 Date: 28.11.2011 Between: Undadi Swamy ..... Petitioner AND The Special Deputy Collector (LA Officer) And Revenue Divisional Officer, Ranga Reddy East Division. .....Respondent Counsel for the Petitioner: Sri B.Yadaiah For Sri Pasham Krishna Reddy Counsel for Respondent: AGP for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in not initiating land acquisition proceedings to the extent of 46 square yards along with the structure in plot No.13 bearing premises No.4-113/3 in Survey No.28 of Annojiguda Village, Ghatkesar Mandal, Ranga Reddy District, as illegal and arbitrary. The property of the petitioner to the extent of 51 square yards is notified for acquisition for widening of the Hyderabad to Warangal National Highway No.202 from 100 feet to 200 feet. The award was passed on 10.01.2011 and a sum of Rs.5,72,023/- towards the value of 51 square yards of land and the structure existing thereon has been paid to the petitioner. The grievance of the petitioner is that in addition to the said acquired property, 46 square yards of land with part of structure situated therein, according to him, is being utilised without acquiring the same and that, there is an immediate threat of demolition. In support of his plea, the petitioner has relied upon the letter addressed by the Mandal Surveyor, Ghatkesar to the Tahsildar, Ghatkesar Mandal. A perusal of this letter shows that in the first survey, an extent of 51 square yards was found to be coming under acquisition, while in the resurvey it is found that 97 square yards are being utilized for road widening and that balance of 46 square yards is not notified for acquisition. Learned Assistant Government Pleader for Land Acquisition, representing the respondent, on instructions, fairly conceded that while only 51 square yards were acquired, the balance 46 square yards require to be acquired and that, she placed a copy of the brief note attested by the Special Deputy Collector and Revenue Divisional Officer, Ranga Reddy East Division, in which it is clearly stated that the total valuation of the structure i.e., house existing on 51 square yards, was already paid to the petitioner and as such, he is not entitled for any further amount of compensation towards the value of the house; and that the compensation for balance extent of 46 square yards is payable after completion of the land acquisition process. From the above submission of the learned Assistant Government Pleader, it appears that while the petitioner was paid the compensation for the extent of 51 square yards of land and the value of the structure, the extent of 46 square yards of land is not covered by the notification. Even the survey report does not indicate that any structure is in existence in the un-acquired part of 46 square yards. In the light of the above facts, the Writ Petition is disposed of with the direction to the respondents not to dispossess the petitioner from 46 square yards of land in Survey No.28 of Annojiguda Village, Ghatkesar Mandal, Ranga Reddy District, till such time as the same is acquired through due process of law. As a sequel to disposal of the Writ Petition, W.P.M.P.No.35480 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V.NAGARJUNA REDDY, J 28th November 2011 DR