IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12837 of 2008 Between: Botchu Anjamma, W./o. Venkateswara Rao, R/o.N.G.O. Colony, Baktavatchala Nagar, A.K. Nagar, Nellore. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. byits Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Nellore, Nellore District. 3 The Revenue Divisional Officer, Kandukur, Nellore District. 4 The Special Deputy Collector, Land Acquisition, NH-5, Prakasam Bhavan, Ongole. .....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 to issue an appropriate Writ, Order or direction, more particularly one in the natureof Writ of Mandamus, declaring the action of the respondents in acquiring petitioner house site admeasuring 152 Sq. Yards, in Sy.No. 52 in K . Rajupalem Village of Ulavapadu Mandal, Prakasam District, without issuing any notice and without following the procedure laid down by the law and by just paying a paltry amount of Rs. 2,573/- as compensation, as illgal, arbitrary, unjust, contrary to the provisions of Land Acquisition Act and NH Act and besides violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the pay the compensatino of Rs. 2,50,000/- towards the value of the house site, and to grant such other relief or reliefs Counsel for the Petitioner:MR.M.PITCHAIAH Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12837 of 2008 ORDER: The petitioner claims to be the owner of a plot, admeasuring 152 square yards, in Survey No.52 of Rajupalem Village, Ulavapadu Mandal, Prakasam District. She states that the plot abuts National Highway No.5 and in the recent past, it was utilized in widening of the National Highway. It is also stated that a sum of Rs.2,753/- was paid as compensation and though a legal notice, dated 22.10.2007 was got issued for enhancement of the compensation, no steps have been taken thereon. The petitioner seeks directions in this regard. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. The petitioner admits that a sum of Rs.2,753/- was paid as compensation. However, she is not clear as to whether the said amount was paid under an award and if so, the provision of law, under which the award was passed. From a perusal of the reply, dated 14.12.2007, issued by the Special Deputy Collector (Land Acquisition), National Highway No.5, Ongole, it is evident that a suggestion was given to the petitioner to seek for arbitration under Section 3G(5) of the National Highways Act, 1956. In the representation, dated 22.10.2007, made by the petitioner, no reference, either to the notiﬁcations or the award, is made. In this scenario, this Court ﬁnds it diﬃcult to grant any speciﬁc relief to the petitioner. If the petitioner is so advised, she has to know the relevant notiﬁcations, under which the land was acquired, and take further steps. Therefore, the writ petition is disposed of, leaving it open to the petitioner to ascertain the particulars of the notiﬁcations issued in relation to her land and thereafter, to pursue her remedies before the concerned authority. There shall be no order as to costs. _________ 16.10.2008 Note: Issue C.C. in one week. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12837 of 2008 Date: 16.10.2008 JSU