HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27691 of 2010 Date: 13.12.2011 Between: Thota Damodar Rao ..... Petitioner And: The National Highways Authority of India, Hyderabad and four others. .....Respondents Counsel for the Petitioner: Sri G.Venkat Reddy, For Sri K.Rathanga Pani Reddy Counsel for Respondent No.1: Sri S.S.Varma Standing Counsel for National Highways Authority of India Counsel for Respondent Nos.2 to 5: AGP for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in notifying the land to an extent of Ac.1-06 cents in Sy.No.139/2 of Rythunagaram Village of Noonepalli majra, Nandyal Mandal, Kurnool District, under Sections 3-A, 3-D and 3-G of National Highways Authority Act, 1956, as illegal and arbitrary. Even though several pleas have been raised by the petitioner in the Writ Petition, Sri G.Venkat Reddy, learned counsel appearing for the petitioner, has confined his submission to the issue of non-payment of compensation to his client in respect of Ac.1-06 cents of land in Sy.No.139/2. According to the learned counsel, the land of the petitioner falls in Sy.No.139/4 and that, insistence on the petitioner to produce documents of title in respect of Sy.No.139/2 is unreasonable and impermissible. The apprehension of the petitioner is completely allayed by respondent No.5 in his counter-affidavit, wherein he has explained the variation in the sub-division numbers of Sy.No.139 and stated that the entries in the adangal showing sub-division Nos.1 to 4 for Sy.No.139 have no basis and that the survey conducted after notifying the lands with the aid of Master Field Measurement Book and the RSR revealed that an extent of Ac.1-06 cents belonging to the petitioner falling in Sy.No.139/2 is coming under acquisition, and that the balance extent of Ac.1-94 cents belonging to the petitioner falls in Sy.No.139/3 and that the same is intact on ground. It is further stated that an award was passed vide Award No.2/2011, dated 21.01.2011 and that the petitioner will be paid compensation in respect of Ac.1-06 cents as and when he approaches with the documents of title. Learned counsel for the petitioner expresses his apprehension that since his client has no document of title in respect of Sy.No.139/2, he may not be paid compensation. In my opinion, this apprehension is without any basis because respondent No.5 himself has explained in the counter-affidavit that reference to Sy.No.139/4 is a misnomer. Since respondent No.5 has admitted the title of the petitioner in respect of Ac.1-06 cents of land, which is acquired for widening of the existing National Highway, there can be no difficulty for payment of compensation to the petitioner in respect of the said land. Accordingly, the Writ Petition is disposed of with the direction to respondent Nos.3 to 5 to pay compensation to the petitioner in respect of Ac.1-06 cents of land in terms of Award No.2/2011, dated 21.01.2011, within a period of one month from the date of receipt of a copy of this order. As a sequel to disposal of the Writ Petition, interim order, dated 15.12.2010 is vacated, W.V.M.P.No.4176 of 2011 is dismissed and W.P.M.P.No.35343 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 13th December 2011 DR