THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.21286 of 2010 ORDER: This writ petition is filed for the following substantive relief: “…to issue a writ, order or direction, one more particularly in the nature of a writ of Mandamus declaring the action of the respondent in interfering with the petitioner’s fundamental and constitutional rights in respect of petitioner’s property admeasuring 2500 square yards situated in Sy.No.21 of Durajpalli Village and Mandal, Suryapet, Nalgonda District, without issuing any notice, as being illegal, arbitrary, unconstitutional and consequently direct the respondent not to interfere with the rights and possession of the petitioner in the said property without following due process of law.” The 2nd respondent filed detailed counter-affidavit, indicating publication of notifications under Sections 3(A), 3(D) and 3(G) of National Highways Act, 1956 (for short ‘the Act’), in the Gazette of India as well as in newspapers, as regards acquisition of subject land for public purpose, and that award was also passed in respect of the lands acquired including the subject land. Today, at the hearing, learned Standing Counsel for NHAI also produced before this Court copy of the notification dated 26.05.2009 issued under Section 3D of the Act, published in the Gazette of India, wherein the subject land along with other lands indicated therein was declared to be vested absolutely in the Central Government, free from all encumbrances, on publication of the said notification in the Official Gazette. He submits that this Court, having considered the issuance and publication of notifications as required under the Act and passing of award, dismissed the similar writ petition in W.P. No. 22410 of 2010 filed by similarly situated person whose land has also been acquired along with the subject land of the petitioner in the same acquisition proceedings, on 21.09.2010, granting liberty to the petitioner therein to approach the Arbitrator- District Collector, Nalgonda, for enhancement of compensation, and following the said order, batch of writ petitions filed by other claimants were also dismissed. In view of the above, since the subject land was acquired after initiating due proceedings under N.H. Act, as is evident from the counter-affidavit of the 2nd respondent and the 3D notification published in the Gazette produced before this Court by the learned Standing Counsel for NHAI, and award was also said to have been passed, this writ petition is also liable to be dismissed, following the order dated 21.09.2010 passed in W.P. No. 22410 of 2010 referred above. Accordingly, the writ petition is dismissed, granting liberty to the petitioner to approach the Arbitrator- District Collector, Nalgonda, for enhancement of compensation. There shall be no order as to costs. __________________ JUSTICE N.V. RAMANA 8th November, 2010 IBL