HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25994 OF 2010 ORDER: The National Highways Authority has undertaken widening of National Highway - 202 at Kondamadugu Village, Bibinagar Mandal, Nalgonda District. A notification, under Section 3A of the National Highways Act, 1956 (for short ‘the Act’) was published on 27-1-2009 proposing to acquire the property held by the petitioners in Survey No.560 and 561 of Kondamadugu Village. The grievance of the petitioners is that the respondents have not followed the prescribed procedure in the matter of determination of compensation and according to them the notification is silent as to the structures that are existing upon the land. Therefore, they challenged the notification, dated 27-11-2009. 2. The petitioner filed WPMP No.34179 of 2010 seeking permission of the Court to amend the prayer in the writ petition. That is in relation to the particulars of the extent of land and structures existing on the land etc. 3. The learned counsel for the petitioners submits that hardly any survey was conducted upon the land to notify the exact extent of the land, structures thereon etc. He contends that the land is held by the petitioners, and it was obligatory on the part of the respondents to indicate the part of the property owned by each of the petitioners. 4. Learned Government Pleader for Land Acquisition, on the other hand, submits that not only notification was published in accordance with law, but also enquiry, as contemplated under the Act and Rules, was conducted an that an Award was passed on 20-09- 2010. 5. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. 6. The Act prescribes detailed procedure to be followed, whenever the land is needed for formation of National Highway or for expansion of the same. It is not in dispute that a notification was issued covering various properties that are needed in the area. While the petitioners assert that no survey or verification was conducted, on behalf of the respondents it is stated that it is only after preliminary survey that the affected property was mentioned in the notification and that award was passed after considering various objections. 7. It is not in dispute that an award was passed on 20-09-2010. The petitioners themselves have placed before this Court the notice, dated 29-09-2010, through which the competent Authority i.e. the 3rd respondent has informed the petitioners that a sum of Rs.78,30,393/- was awarded as compensation towards market value of the land, structures and trees, and after deducting income tax; and it is also brought to the notice of this Court that the matter was referred to Civil Court, since there was some uncertainty as to the individual shares payable to the petitioners herein. In case, petitioners are of the view that the compensation is not adequate, they have to make applications under the relevant provisions of law for referring the matter to arbitration under Section 3H(5) of the Act. 8. Hence, the Writ Petition is disposed of leaving it open to the petitioners to pursue the remedies vis-à-vis the award, dated 20-09-2010, in accordance with law. The requests / claims made by the petitioners shall be determined on their own merits. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J January 29, 2011. KTL