High Court · 2025

14.Baiari Shankaramma. Wo- Venkataiah, Aged 48 years, Occ Ao'ricutture. RJo. H. No. 5- 149, Yenmanbetla Village, Kollapur Mindal, Nagarkurnool District. r s OJnanjra Girineora, S/o. Papaiah, Aged 36 years, Occ Agriculture, - Ry;.- H. No- z- aa, I\,1att'eswaram Village, Kollapur Mandal, Naoarkurnool District. ro. piiuta niiu, S/o. Sailu, Aqed 43 years, Occ Agriculture, R/o. H No - i --08, Mail'es*aram Villag6, Kollapur Mandal, Nagarkurnool District' tz.Bekiim Srinivas Reddy:S/o. Krishna Reddy, Aged 3Q yeqrp, Qc9 Aoriculture, R/o H. Nij. 1- 64, Yetham Village, Kodalr Mandal, N6oarkurnool District. 18 Suli-;iri Yellaswamv, S/o. Balaswamy, Aged 35 years, Occ ' - Aoriiulture. RJo. ti. No. 3- 18, Chintalapally Village, Kollapur Mindal, Naqarkurnool District. r 9. CJetim Alivelamma, Wo. Agraswamy, Aged 48 year,sr Oc,c - Household, RJo. H. No. 5- 82, Narsaipalle Village, Kodair Mandal, Naoarkurnool District. zo. Miisoalli Jvothi, W/o. Naravana, Aged 43 years, Occ Agriculture, -- R6. i1. Nol +- la. Bollaram Village-, Pangal Mandal, Wanaparthy District. zt.Oninoiu Aparna, W/o. Ramesh Chary, Aged 31 years, Occ Household, Rl/o. H. No. 1- 9- 105, B C Colony' Kollapur Iown and Mandal, Nagarkurnool District. ZZ Menuqondi Ramulu, S/o. Bakkanna, Aged 50 years, Occ Aqricu'iture, Rl/o. H. No. 3- 21- 11311, Raja Veedhi, Kollapur Town arid Mandal, Naoarkurnool District. ZO.eeeram Karthik"Reddy, S/o. Dharma Reddy, Aged-31 years, Occ -- Agriculture, Rl/o. H. No. 1- 75, Yetham Village, Kodair Mandal, - H. N; 3- 24- 13e, Kollapur rown -and lvlahdal, Nasa.rkuE|1?l3liEf;! Zq.Aiiigeta Balaiah, S/o. Yellaiah, Aged 65 years,. Occ Agriculture, R/o' Naoarkurnool District. AND Highways Act, Nagarkurnool District. 1 , State of Telangana, Rep. by its Principal lecretary Revenue (Land Acouisition) Deioartmeni, Se-cretariat, Tank Bund Road, Hyderabad. 2. Th€; Districi Coilector and Magistrate, Cum Arbitrator under National 3. Th"e Coinpetent Aithority for Land Acquisition (CALA) and Revenue Engirieer (R and Q), Roads . and . Buildings 4. ihe Executive S. ihb Union of lndia, Rep. by its Secretary, Ministry of Road Transport - Bhawan, Pa'rliament Street, New Delhi- Deoartment. NH Dividion, Kalivakurthy, Nagarkurnool District. Divisional Officer, Kollapur, Nagarkurnool District. . - and Highways, Tr'ansport 1 10001 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to is'sue an appropriate writ, order or direction more particulariy one in the nature of Writ of Mandamus declaring the action of the Respondents herein more particularly Respondent No. 2 to 4 herien in not initiating the- arbitration proceedings U/Sec. 3G(5) of the National Highways Act, 1956 pursuant to the passing of the land acquisition award by the Respondent No. 3 herein vide Proceedings No N25O12022, dated 11- 03- 2024 and also pursuant to the applications -7 /representalions dated 23- 0S- 2024 submitted by the petitioners herein for en hancement/proper det ermination of compensation amount for the acquired extent of lands situated at Choutabe a Villa ge, Kollapur [4andal, Nagarkumool Distri ct as illegal, arbitrary, unfair, discriminatory and in violation of Articles 1 4 21 and 300- A of the Constitution of lndia and contrary to the provisions of Act 48 of '1956 r/w Act, 26 of i996 and consequently d irect the Respondent No. 2 to 4 herein to initiate & conclude the arbitration proceedings by referrin g the land acquisition Award vide proce edings No. N250/2022, dated 1 1- 03- 2024, pursuant to the application s/ representations dated 23- 0g- 2024 submitted by the petitioners herein to the Respondent No.2 to 4 herein seeking enhancement/ proper determination of com pensation amount for the acquired extent of lands belonging to the petitioners herein situated at Choutabetla Village, Kollapur Mandal, Nagarkurnool District IA NO: 10F 2025 Petition under Section 151 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 2 to 4 herein to initiate and Conclude the arbitration proceedings by referring the land acquisition Award vide proceedings No. N2SOliO22, Aated t t"_Og_2024, pursuant to the. applications/ representations, . dated Z3-O}_2O24 submitied by the petitioners herein to the Respondent No.2 to 4 herein ,""king enhancement of compensation amount for the acquired extent of lands belonging to the petitioners herein situated at Village, Kollapur Mandal, Nagarkurnool District pending disposal of the Writ Petition 'Choutabefla Counsel for the Petitioner: SRl. B. ARJUN RAO Counsel for the Respondent Nos. .lto3: SRI LAXMI NARAYANA, AGP FOR LAND ACQUISITION Counsel for the Respondent No.4: AGp FOR ROADS AND BUILDINGS Counsel for the Respondent No.5: SRI K. ARAVIND KUMAR, SC The Court made the following: ORDER E THE HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITI ONN0.541 OF 2025 ORDER: The grievance o[ the petitioners is that the petitioners . submitted an application/representation dated 23.09.2024 under Section 3G(5) of rhe National Highways Act, 1956 (hereinafter referred to as "the Act, 1956") requesting respondent No.3 to refer the same to respondent No.2 on the ground that respondent No.3 passed an award No.A/250/22, dated I1.03.2024, by granting meager compensation, and the petitioners are entitled to seek enhancement of cornpensation in respect of the subject property acquired by the respondent authorities. In spite of repeated requests rnade by the petitioners, the respondents have not taken any steps. The same is contrary to the provisions of the Act.

2. Heard Mr. B.Arjun Rao, learned counsel for the petitioners, Mr. Laxmi Narayana, leamed Assistant Government pleader for Land Acquisition appearing for respondent Nos. I to 3, and learned Assistant Governmenl Pleader for Roads and Buildings appearing for respondent No.4 and Mr. K.Aravind Kumar, learned Standing Counsel appearing for respondent No.5. 2

3. With the consent of the learned counsel, for the parties, the present writ petition is disposed of at the stage of admission.

4. Leamed counsel for the petitioners submits that the petitioners have submitted an application/representation dated 23.09.2024 invoking the provisions of Section 3G (5) of rhe Acr, 1956, not satisfied with the compensation determined by respondent No.3 in rhe award dated I L03.2024, seeking a reference to respondent Nos.2 and 3 and the sa id application/representation is pending before respondent No.3.

5. Learned Assistant Government pleader for Revenue, basing upon the oral instructions given by respondent No.3, namely the Revenue Divisional Officer, Kollapur, Nagarkurnool District, submits that the respondents have already referred the application/representation dated

23.09.2024 submitted bv the petitioner to respondent No.2 and respondent No.2 will pass appropriate orders in accordance with law after issuing notice to the petitioners and an1l other affected parties as per the provisions of the Act, and requested this Court to grant reasonable time. l l 6- The above said submissions have not been disputed by leamed counsel for the petitioners

7. Having considered the rival submissions of the respective parties and taking into considerations the submissions made by the learned Government Pleader for Land Acquisition, it reveals that respondent No.3 has already ref'erred the application/representation dated 23.09.2024 submitted by the petitioners under section.3G(5) of the Act to respondent No.2 . In view of the same, respondent No.2 is directed to consider the application/representation dated, 23.09.2024 submitted try the petitioners invoking the provisions under Section 3G(5) of the Act and pass appropriate orclers in accordance with law, within a period of four (4) months from the date of receipt of copy of this order, after issuing of notice to the petifioners and any other affected parties. 4

8. With the above directions, the Writ petition is disposed of . No order as to costs". Pending miscellaneous petitions, if any, shall stand closed. SDI A. SRINIVASA REDDY ASSISTANT REGISTRAR Note: That the 7th paragaraph of the order dated '17.O2.2025 in WP No. 54112025 is substituted and adding the paragraph No.8 as per the orders of the Hon'ble Court order dated 13.08.2025 in lA No. 2t2025 This amended order shall substitute the earlier order which has already been dispatched on 2810512025 //TRUE COPY// SD/- A. SRINIVASA REDDY ASSISTANT REGISTRAR /) SECSW6FFICER To, '1 . The Principal Secretary Revenue (Land Acquisition) Department, 2. The District Collector and Magistrate, Cum Arbitrator under National Secretariat, Tank Bund Road, Hyderabad. Highways Act, Nagarkurnool District.

3. Thb Competent Authority for Land Acquisition (CALA) and Revenue 4. The Executive Engineer (R and B), Roads and Buildings Divisional Officer, Kollapur, Nagarkurnool District. Department, NH Division, Kalwakurthy, Nagarkurnool District. 5. Thi: Secretary, Union of lndia, Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi- 110001

6. One CC to SRl. B. ARJUN RAO, Advocate [OPUC] 7. Two CCs to GP FOR LAND ACQUISITION ,High Court for the State of Telangana. [OUT]

8. Two CCs to GP FOR ROADS AND BUILDINGS, High Court for the State of Telangana, at Hyderabad [OUT]

9. One CC to SRl. K. ARAVIND KUIVAR, SC IOPUC] 10. Two CD Copies BM GJP ?{r HIGH COURT DATED: 1 7 10212025 1310812025 AMENDED ORDER WP.No.541 of 2025 CC TODAY i Y\E J ;..\l t 3 ?1 [$s 1tJ15 ,. :,/ .j',i L ,"i, ' )l: . -.i- :.. - DISPOSING OF THE WRIT PETITION WITHOUT COSTS TI o)3 I