G. Srinivasulu v. Union Of India

THE HON'BLE SRI JUSTI CE CHALLA KODANDA RAM W.P. No.3448 of 2018 JUDGMENT:

This Writ Petition is filed with allegations that though preliminary notification was issued invoking the provisions of the National Highways Act, 1956 for acquisition of the petitioners' property, thereafter, neither Award is made nor compensation is paid to the petitioners. However, the respondents are threatening to demolish the house property of the 1st and 2nd petitioners to an extent of 208.8 sq.yds. and 3rd petitioner to an extent of 1266.66 sq.yds. in Survey No. 273/3 of Animiganipalle Village of 154.Ekarlapalle revenue village of Kuppam Mandal, Chittoor district.

2.

The learned Government Pleader as well as the learned Standing Counsel appearing for the Respondent Nos. 2 and 3 would submit that the respondents would not interfere with or dispossess the petitioners without following due process, more particularly, without there being an Award and without paying the compensation as required under the provisions of the National Highways Act. 3.

Placing on record the specific submissions made by the learned Government Pleader and the learned Standing Counsel appearing on behalf of the National Highways Authority, the Writ Petition is disposed of in line with the said submissions, directing the respondents not to interfere with the petitioners' possession and enjoyment of the property, in the case of the 1st and 2nd petitioners to an extent of 208.8 sq.yds. and 3rd petitioner to an extent of 1266.66 sq.yds. in Survey No. 273/3 of Animiganipalle Village of 154.Ekarlapalle revenue village of Kuppam Mandal, Chittoor district without passing an Award and without depositing the compensation amount, as required under the

provisions of the National Highways Act, 1956. No costs. Miscellaneous applications pending, if any, shall stand closed. ______________________ CHALLA KODANDA RAM, J Date: 07.03.2018 Issue cc today (B.O) DMG