HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 19497 OF 2006. DATED 7th December, 2010 BETWEEN B.Venkatesham …Petitioner and The Project Director, National Highway Authority, Plot No. 25, 1st Floor, Castle Hills, Road No.2, Masabtank, Hyderbad and anr ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 19497 OF 2006. ORDER: The petitioner has prayed for a direction that first and second respondents be restrained from taking possession of his lands, which are not notified in the notification issued under the provisions of the National Highways Act, 1956. It is the case of the petitioner that he is the absolute owner of the lands to the extents of Ac.1.00 guntas in Sy.No. 96/4, Ac. 0.18 guntas in Sy.No. 95/1 and Ac.3.06 guntas in Sy.No. 103/1 of Padmajiwadi village, Badasivanagar Mandal in Nizamabad District. The second respondent issued notification on 10.2.2006 for acquiring the lands mentioned therein for widening of National Highway No.7 in Niazambad District. The grievance of the petitioner is that as per the notification dated 10.2.2006, the land of the petitioner sought to be acquired is to the extent of Ac.0.06 gts in Sy.No. 95/4 only, but the land in Sy.No. 96/4 belongs to him is also effected in road widening and the same has not been mentioned in the said notification. A Counter affidavit has been filed on behalf of the first respondent denying the averments made in the affidavit filed in support of the Writ Petition. It is stated that in case the respondents require any further land for the purpose of widening the national highway, then appropriate notification will be issued. The claim of the petitioner that the respondents intend to take possession of his lands than what was notified, has been firmly denied by the first respondent. In view of the fact that the first respondent has taken possession of the land as mentioned in the notification dated 5.4.2005 and not taken possession of any other land beyond what was notified, nothing survives in the Writ Petition. The Writ Petition is, therefore, liable to be dismissed and accordingly the same is dismissed. However, it is made clear that if the respondents require any further land of the petitioner, then appropriate notification shall be issued. At this stage, the learned Counsel for the petitioner submits that an award was passed on 21.8.2007 wherein the compensation awarded to the petitioner for the lands acquired is inadequate and hence, he filed a claim petition, but the same is still pending consideration with the respondents. If any such claim petition is filed as is contended by the petitioner, the competent authority is directed to consider and dispose of the same, in accordance with law, as expeditiously as possible. There shall be no order as to costs. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 07.12.2010. Msnro