ORDER:-

1. This writ petition is filed claiming the following relief: “…To issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent authorities in not passing the award for payment of compensation in respect of the land of the petitioner being an extent of Ac.0.56 cents out of Ac.2.40 cents in Sy.no.610-A5, 6 and 7 respectively situated at Peddapalle revenue Village, Siddavat Mandal, YSR Kadapa District and existing trees, shed, bore wells and pipelines and further action of the Respondents in trying to dispossess the petitioner from the above land is as illegal, arbitrary and violations of Article 14, 21 and 300-A of the Constitution of India and also contrary to the provisions of National Highway Authorities Act, 1956 and consequently direct the Respondent authorities not to dispossess the petitioner from the above subject land without passing the award and pass such other order or orders...”

2. The case of the petitioner is as follows:

3. The petitioner herein is an absolute owner and possessor of agricultural land to the extent of Ac.2.40 cents situated in Survey No.610-A5, 6 and 7 respectively at Peddapalle Revenue Village, Sidavatal Mandal, Y.S.R. Kadapa District.

4. While so, Respondent No.4 issued a notification for the acquisition of the various extents of the land including the petitioner land being an extent of Ac.0.56 cents out of the Ac.2.40 cents in respect of the subject Survey number under Section 3G(3) of the National Highway Authorities Act, 1956 vide ref.No.NHAI-716/4091.IIAct/2022, dated 05.07.2023 for laying the six way roads from Kadapa to Renigunta. Pursuant to the notice issued by Respondent No.4 Authorities, the petitioner appeared before them and submitted his detailed representation with a request to pass an Award under the provisions of the National Highways Authorities Act, 1956 for payment of compensation in respect of his acquired land, bore wells, pipelines, existing structures and also eucalyptus trees. After receiving the same from the petitioner, Respondent No.4 orally informed to the petitioner that they would consider and pass an award for payment of compensation as per the procedure as contemplated under the law. Thereafter, Respondent No.4 came to the subject land on 05.01.2024 and directed the petitioner to remove the existing trees, shed, bore wells and pipelines and hand over the subject property for laying the road and threatened the petitioner with dire consequences to remove all the existing usufruct in the subject land, otherwise they will evict him by using police force.

5. Learned counsel for the petitioner submits that the Respondents proceed further without passing any award and without initiating acquisition proceedings as contemplated under the provisions of the National Highways Act, 1956 read with the National Highways (Amendment) Act, 1997. He further submits that even after submission of many representations by the petitioner, the Respondent Authorities neither furnished a copy of the award nor made any payment of compensation to the petitioner. Hence the writ petition.

6. On the other hand, the learned Standing Counsel for National Highways Authority of India (NHAI) filed a counter affidavit on behalf of Respondent No.6, wherein it is stated that the Respondent Authority followed due procedure and initiated acquisition proceedings in compliance with the NHAI Act, 1956. Pursuant to the acquisition proceedings, on 31.07.2023 an award was passed by the competent authority of land acquisition i.e. Respondent No.7 herein. It is further stated that Respondent Nos.2 and 6 had already deposited the amount with the Respondent No.7 in compliance with the award passed by Respondent No.7.

7. It is further stated that Competent Authority for Land Acquisition (CALA)pursuant to the Award with respect to the extent of acquired land (i.e., 2266.320 Sq. Mtrs in Sy. No. 610/1) awarded Rs.42,79,094/- which includes a tree value o