Smt. Chennupati Sridevi, v. National Highways Authority Of India,

THE HON'BLE SRI JUSTICE P.NAVEEN RAO W.P. No.41695 of 2018 ORDER:

The petitioner claims to be the owner and in possession of the land to an extent of 1133.44 sq.meters and 7325.07 sq.meters in Survey Nos. 169/ 1/ B, 169/ 2C and 169/ 4A of Ramannapalem village, Tiruvuru Mandal, Krishna district. This land was abutting the national highway No.221. For the purpose of widening/ extension, management and operation of national highway on the stretch from 0/ 0 kms to 70/ 200 kms between Vijayawada and Bhadrachalam Section, the above extent of land was acquired.

2.

The petitioner is not satisfied with the compensation determined and seeks enhancement of the same. The request for enhancement of compensation was made to the Joint Collector, who is a land acquisition authority, whereas under Section 3(g) of the National Highways Act, the claim for enhancement of compensation should be made to the District Collector, who has to decided the issue of validity of such claim. Apparently, no such application was made by the petitioner to the District Collector.

3.

Therefore, the relief sought for by the petitioner cannot be granted straightaway. However, liberty is granted to the petitioner to make an application to the District Collector, with supporting documents, requesting for enhancement of compensation. As and when such application is made, the same should be considered by the District Collector and appropriate orders be passed within a period of three months from the date of receipt of such application.

4.

Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

______________ P.NAVEEN RAO, J Date: 28.11.2018 DMG