IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 14979 of 2002 Between: 1 T.Indira, W/o. Dasaradham, R/o. Mahaboobabad, Warangal District. 2 B.Kamala, W/o. Ramulu, R/o. Mahaboobabad, Warangal District. ..... PETITIONERS AND 1 District Collector, Warangal, Warangal District. 2 Superintendent Engineer, Roads & Buildings, Warangal, Warangal District. 3 Deputy Executive Engineer, Roads & Buildings, Mahaboobabad, Warangal District. .....RESPONDENTS 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, preferably one in the nature of Writ of Mandamus declaring the action of the respondents in proceeding with the construction of Fly Over Bridge over the Railway Gate in Mahaboobabad Town, Warangal District, without acquiring the lands of the Petitioners by way of paying compensation as per law under the provisions of Land Acquisition Act, as illegal, arbitrary and contrary to law and consequently direct hte respondents herein to initiate Land Acquisition Proceedings and pay the compensation as per law in respect of the Petitioner's open Plots to an extent of 283 Sq.Yards; 480 Sq.Yards respectively in S.No.199/2 situated at Mahaboobabad Town, Warangal District, Counsel for the Petitioners:MR.J.KANAKAIAH Counsel for the Respondents: GP FOR ROADS & BUILDINGS The Court made the following Order: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.14979 of 2002 ORDER: The only grievance of the petitioners seems to be that a flyover bridge is being constructed over the railway gate of Mahaboobabad town affecting their land without acquiring the same by invoking the provisions of the Land Acquisition Act, 1894 (the Act, for brevity) and without paying compensation. There is no necessity to go into all the details. The counter- affidavit filed by the third respondent reveals that by iinvoking the provisions of the Act, notification under Section 4(1) of the Act was issued on 22.11.2002 for the purpose of acquiring the land for construction of flyover. However, since the land of the petitioners was not included in the said notification, another notification under Section 4(1) of the Act was published in the Gazette adding the land of the petitioners by way of addendum on 20.04.2005, and declaration under Section 6 of the Act was published, award enquiry was conducted, award was passed and consequently the entire compensation amount payable to the petitioners was paid on 13.05.2005. In view of the above, nothing survives for adjudication in the writ petition and the same is liable to be dismissed. Accordingly the writ petition is dismissed as infructuous. No costs. ________________ (C.V. RAMULU, J) 12th June, 2009` GHN To 1 District Collector, Warangal, Warangal District. 2 Superintendent Engineer, Roads & Buildings, Warangal, Warangal District. 3 Deputy Executive Engineer, Roads & Buildings, Mahaboobabad, Warangal District. 4 One CC to Government Pleader for Roads and Builidngs. 5 Two CD copies Form-NIC-OGS/WP{ANURADHA}