THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.26060 of 2009 ORDER: The petitioners are the owners of houses abutting Palakonda Road, Parvatipuram Mandal, Vizianagaram District. It is stated that a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was issued by the District Collector, Vizianagaram, the 1st respondent, on 14.03.2008, proposing to acquire 0.1741 hectares in various survey numbers, for formation of a railway over bridge from Calingapatnam-Srikakulam. The grievance of the petitioners is that though their properties were not included in the notification, the respondents are trying to take possession of them. They contend that their properties cannot be taken over, without initiating proceedings under the Act. On behalf of the respondents, a detailed counter-affidavit is filed. It is stated that in the changed re-alignment of the road over bridge, it became necessary to acquire the properties of the petitioners also, and accordingly, survey was conducted. It is stated that the properties would be taken over, only after following the procedure prescribed by law. The respondents appear to have conducted a survey, in the context of re-alignment of the road over bridge. From that, the petitioners gathered an impression that the properties are going to be taken over. The respondents made it clear that the properties would be acquired strictly in accordance with the prescribed procedure by law. Recording the same, it is directed that the respondents shall not dispossess the petitioners, or otherwise proceeded against their properties, except by publishing notifications under the relevant provisions of law and after following the prescribed procedure. The Writ Petition is accordingly disposed of. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.28.04.2010. Note: Furnish C.C. in three days. (B/o) GJ