Point of Law: when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

To issue writ of mandamus declaring the action of Respondent No.6 refusing to pay the compensation awarded through the Award Nos.LA/NH4-4 Gangavaram/Gangavaram/1/2017 dated 19.09.2017 for the lands in an extent of 445-170 sq.mts in Sy.No.702/1, 526.110 mts in Sy.No.703/1, 364.230 sq.mts in Sy.No.204/1, 1011.750 sq.mts in Sy.No.704/2A, 809 sq.mts in Sy.No.705, 607.050 sq.mts in Sy.No.706, 364.230 sq.mts in Sy.No.707/2, 80.940 sq.mts in Sy.No.708/2, 566.580 sq.mts in Sy.No.709/2, 971.280 sq.mts in Sy.No.709/3, 323.760 sq.mts in Sy.No.709/4B, 1861.620 sq.mts in Sy.No.714/2, 1011.750 sq.mts in Sy.No.711/4 and Supplementary Award No.NH-4-4/Gangavaram/Gangavaram/01/2017 dated 15.12.2017 in Voucher Nos.18, 19, 20, 21, 22, 23 & 25 forthwith for formation of Bangalore-Chennai Express Way at the instance of Respondent Nos. 7 to 9 as arbitrary, illegal, quite contrary to the procedure envisaged under the provisions of the National Highways Act, 1956 and well established legal position apart from being violative of fundamental and Constitutional Rights guaranteed under Articles 14, 19, 21 & 300-A of the Constitution of India and consequently direct Respondent No.6 to pay the compensation awarded through the Award Nos.LA/NH4-4 Gangavaram/Gangavaram/1/2017 dated 19.09.2017 and Supplementary Award No.NH-4-4/Gangavaram/Gangavaram/01/2017 dated 15.12.2017 in Voucher Nos.18, 19, 20, 21, 22, 23 & 25 forthwith.”

2. The allegations made in the affidavit in brief are that, the first petitioner’s husband late K. Krishnaiah succeeded land admeasuring an extent of 445-170 sq.mts in Sy.No.702/1, 526.110 mts in Sy.No.703/1, 364.230 sq.mts in Sy.No.204/1, 1011.750 sq.mts in Sy.No.704/2A, 809 sq.mts in Sy.No.705, 607.050 sq.mts in Sy.No.706, 364.230 sq.mts in Sy.No.707/2, 80.940 sq.mts in Sy.No.708/2, 566.580 sq.mts in Sy.No.709/2, 971.280 sq.mts in Sy.No.709/3, 323.760 sq.mts in Sy.No.709/4B, 1861.620 sq.mts in Sy.No.714/2, 1011.750 sq.mts in Sy.No.711/4, hereafter referred as “the subject land” by way of inherence and through self acquisition, executed an unregistered “Will” dated 06.12.1992 in favour of the first petitioner. Thus, the first petitioner succeeded the property either under “Will” or under general rules of succession and she was in possession and enjoyment of the same. Having recognizing the first petitioner’s possession and enjoyment of the subject property based on the “Will” executed in her favour, mutated her name in revenue records, pattadar pass books, title deeds, Form 1-B Adangals were issued in her favour.

3. While so, the daughters of the first petitioner who were married much prior to execution of the “Will” filed O.S.No.56 of 2008 on the file of Additional Senior Civil Judge, Chittoor against the petitioners for partition of the suit schedule property and prayed for preliminary decree claiming 1/6th share each in the subject land, obtained exparte decree initially and later, it was setaside and the same is pending for adjudication.

4. While so, Respondent No.6 issued notification under Section 3A of the National Highways Act, 1956, (hereinafter referred to as “the Act, 1956”) for acquisition of the subject land for formation of Bangalore-Chennai Express Way through Notification dated 17.04.2015 and published the same on 16.07.2015 and declaration under Section 3D of the Act, 1956 on 12.04.2016. Thereafter, Respondent No.6 published a Public Notice dated 09.05.2016 in the local daily newspapers dated 20.05.2016 as contemplated under Section 3G(3) of the Act, 1956 and fixing the dates of hearing as contemplated under Section 3G(4) of the Act, 1956. As there were no objections for passing Awards in favour of the first petitioner payment of compensation for the subject land either from Respondent Nos. 7 to 9 or any third parties, Respondent No.6 passed Awards dated 19.09.2017 in favour of the first petitioner for determ