IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9400 of 2003 Between: 1 Goluguri Chandra Reddy, S/o.Late Sri Ammi Reddy, Hindu, R/o. Vedireswaram Village, Ravulapalem Mandal, East Godavari District. 2 G. Ammi Reddy S/o. Late Chandra Reddy Vedireswaram Village, Ravulapalem Mandal, E.G.District. 3 G. Suryanarayana aReddy S/o. Late Chandra Reddy Vedireswaram Village, Ravulapalem Mandal, E.G.District. 4 G. Rama Reddy S/o. Late Chandra Reddy Vedireswaram Village, Ravulapalem Mandal,E.G.District. PP-2 to 4 are brought on record as LRs of the deceased petitioner as per C.O.Dt. 2.9.04 in WPMP.14513/04) ..... PETITIONER(S) AND 1 Union of India, Rep.by its Addl.Secretary/Director General (Road Development), Ministry of Road Transport and Highways, New Delhi. 2 The Project Director, NH 5 Authority of India Ltd., Syamalanagar, Rajahmundry, E.G.Dist. 3 The Competent Authority & Revenue Divisional Officer, Amalapuram, E.G.Dist. 4 The Mandal Revenue officer, Ravulapalem, E.G.Dist. .....RESPONDENT(S) 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 of direction more particularly one in the nature of Writ of Mandamus, or any other appropriate writ, declaring the inaction of the 1st and 2 respondents in giving clearance for issuing withdrawal nofification for deletion from acquisition relating to the petitioner's land of an extent of Ac. 0.18 cts in S.No. 8/6B and an extent of Ac. 0.08 cts. in S.No. 8/7A of Ethakota Village, Ravulapalem Mandal, East Godavari District Pursuant to the proposal submitted by the 4th respondent in Ref. A/ 309/2001 dt. 20-09-2002, as illegal, arbitrary and unjust and consequently direct the respondents to issue the withdrawal notification forthwith in respect of the petitioner's land from the acquisition in favour of the 1st respondent Counsel for the Petitioner:MR.N.SIVA REDDY Counsel for the Respondents: NONE APPEARED The Court made the following : ORDER: The petitioners seek to issue a writ of mandamus declaring the inaction of the respondents 1 and 2 in giving clearance for issuing withdrawal notification for deletion from acquisition relating to their land of an extent of Ac.0.18 cents in Sy.No.8/6B and an extent of Ac.0.08 cents in Sy.No.8/7A of Ethakota village, Ravulapalem mandal, East Godavari District pursuant to the proposal submitted by the 4th respondent in Ref.No.A/309/2001 dated 20.09.2002, as illegal and arbitrary and consequently to direct the respondents to issue the withdrawal notification. None appears for the respondents. Heard the learned counsel for the petitioners. It is the case of the case of the petitioners that they are the owners of an extent of Ac.0.97 cents in Sy.Nos.7 and 8 in Ethakota village, Ravulapalem mandal, East Godavari District and the said land is situated abutting the National Highway No.5 leading from Chennai to Kolkatta. The Central Government have proposed to widen the said road as 4/6 lane way and accordingly the Director General (Road Development) and Additional Secretary, Department of Road Transport and Surface Transport, New Delhi appointed the Revenue Divisional Officer, Amalapuram as Competent Authority for land acquisition from Km.152.00 to K.M.164.400 pertaining to Amalapuram Division and it was published in the gazette of extraordinary issue Part-II dated 28.06.2001. It is stated that an extent of 75 cents was acquired from the petitioner and an award was also passed on 12.07.2002. It is the case of the petitioner that 75 cents of land was not at all required for widening of the road and they have acquired an excess land of 26 cents. Similarly the respondents have acquired total extent of 55 cents of land in Sy.Nos.6/1B, 8/5A, 8/6B, 7A, 54/2B, 54/4A2, 54/5A2 and out of which an extent of excess land of 26 cents in Sy.Nos.8/6B and 8/7A belongs to the petitioner. For the acquired land of an extent of 75 cents, an award was passed paying compensation of Rs.1,75,725/-. It is stated that the petitioners made a representation to denotify the excess land acquired subject to condition that the petitioners pay back the compensation amount received by them. On the said representation, the Competent Authority and Revenue Divisional Officer, Amalapuram, Project Director, NHAI, Rajahmundry and Mandal Revenue Officer, Ravulapalem have conducted joint inspection on 01.09.2002 and found that an extent of 55 cents land was acquired as excess out of which 26 cents belongs to the petitioner. Accordingly, the Mandal Revenue Officer, Ravulapalem addressed a letter to the Project Director, National Highway Authority of India, Rajahmundry requesting to give clearance for deletion of excess land from 3-D notification. The Project Director, NHAI, Rajahmundry vide his letter dated 27.09.2002 has informed that they have no objection for withdrawal of excess land if the compensation paid to the land owners could be fully recovered from them. It is stated that the petitioners made a representation returning Rs.60,918/- towards compensation paid for the excess land of 26 cents in the form of cheque, but the cheque has been erroneously returned on the ground that no proposals for deletion of excess land has been received from the National Highway authorities. I am of the opinion that the action of the 3rd respondent in returning the application of the petitioner is illegal and erroneous as the national highway authorities vide their letter dated 27.09.2002 have already informed that they have no objection for withdrawal of the excess land if the compensation paid to the land owners could be fully recovered from them. Having regard to the facts of the case, the writ petition is disposed of directing the second respondent-Project Director, NH-5 Authority of India Limited, Rajahmundry to pass appropriate orders on the proposals received from the 4th respondent-Mandal Revenue Officer, Ravulapalem vide Ref.A/309/2001, dated 20.09.2002 with regard to withdrawal notification of the excess land acquired relating to petitioner’s land situated in Ethakota village and intimate the same to the Revenue Divisional Officer, Amalapuram so as to enable him to publish the withdrawal notification from 3D notification. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:26.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{GMS}