IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 11639 of 2008 Between: 1 J. Pulla Reddy, S/o. Venkataramappa, R/o. Podarala Village, Vadiyampet, Anantapur District. 2 V. Ramanjaneyulu, S/o. V. Subbaiah, R/o. Podarala Village, Vadiyampet, Anantapur District. ..... PETITIONERS AND 1 The Project Director, National Highway Activity of India, 3rd Road, Maruti Nagar, Anantapur. 2 The Project Consultant, National Highway Activity of India, Ram Nagar, Behind Petrol Bunk, Anantapur. 3 The District Collector, Anantapur. 4 The Mandal Revenue Officer, Bukkarayasamudram 5 Office of the Shipping Ministry Road Transport & Highways, New Delhi. .....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 a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents interfering the petitioners lands in Sy.No. 281-7 to an extent of Ac 1.40 cents and in Sy.No. 297 to an extent of 42 cents situated at Podarala Village, Bukkarayasamdram Mandal, Anantapur District for laying of National Highway Road-7 Hyderabad- Bangalore without following the procedure and without initiated proceedings under Land Acquisition Act 1894 is illegal arbitrary, violation of principles of natural justice and violation of Article 14 and 19 of the constitution of India and consequently direct the respondents not to interfere petitioners land in Sy.No. 281-7 to an extent of Ac 1.40 cents and in Sy.No. 297 to an extent of 42 cents situated at Podarala Village, Bukkarayasamdram Mandal, Anantapur District without initiating proceedings under Land Acquisition Act 1894. Counsel for the Petitioner: MR.N.ASWARTHA NARAYANA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: The petitioners claim to be the owners of land in survey Nos.281-7 and 297 admeasuring Ac.1.40 cents and Ac.0.42 cents respectively of Podarala Village of Bukkarayasamudram Mandal, Anantapur District. The said lands are abutting the N.H.7. The grievance of the petitioners is that the respondents are widening the road by utilizing the lands of the petitioners, without acquiring them and without paying any compensation. On behalf of respondents 1 and 5, a counter-aﬃdavit is ﬁled by the General Manager & Project Director, National Highway Authority of India. It is stated that the lands of the petitioners were notiﬁed for acquisition under Section 3A of the National Highways Act, 1956 (for short ‘the Act’) on 08.11.2005 and this was followed by a notiﬁcation under Section 3D of the Act published on 16.03.2006. It is also stated that the award was passed on 10.07.2007. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents. The petitioners reeled under the impression that the respondents are laying road across their land, without acquiring it. In view of the speciﬁc averments in the counter-aﬃdavit, it emerges that the notiﬁcations under the relevant provisions of the Act were issued in respect of the lands of the petitioners, so much so, an award was also passed. The learned Standing Counsel has furnished the copies of notiﬁcations as well as the award to the petitioners. Therefore, the only remedy available to the petitioners is to seek enhancement of the compensation, in accordance with law. Hence, the writ petition is disposed of, leaving it open to the petitioners to work out their remedies vis-à- vis the award, dated 10.07.2007. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:24.09.2008. Note: Issue cc in three days. (B/o) kdl