High Court · 2025

Judgment

2. J.

4. 5 ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an order or direction more particularly one in the nature of writ ofmandamusoranyotherappropriatewritdeclaringtheactionoftherespondent No.2 authority in not passing any orders determining the just compensation payable to the petitioner in pursuance of his land acquired i'e ' in Sy' No 9B5 an extentoflg2}.3lggSq.Mtrsandl214.l000Sq.Mtrs,andawardnoticeissuedin Rc.No.Bt133l2o21.o4-NH.163G,dated25-04.2024,consideringthe representation submitted by the petitioner dated 1O-O1-2O25 for passing the awardtakingintoconsiderationoftheclaimofthepetitioner,isnothingbut arbitrary,illegal,nullandvoidandvio|ativeofprinciplesofnaturaljusticeand violative of the provisions of National Highways Act and also violative of Articles . €.,:,!*r ,1ia 14' 19,21 and 30cr-A of the constitution of lndia. consequ.ntty direct the respondent No. I authority to consider the representation cf the lretitioner dated 1010112025, anc delermine the award for paying just compensation to the petitioner lA NO: 1 OF 202ti

Petition ur der liection 151 cpc praying that in the circumstances stated in the affidavit filed in s upport of the petition, the High court may be pleased to direct the resporderrt No.2 authority to consider the represe:ntation of the petitioner dated 1O-O1-2025, and determine the award for paying just compensation to ihe petitioner in pursuance of the award notice isr;ued in Rc. No. B I 1 3312021 -O4-N l-1 63G, dated 25-04-2024 Counsel for the F,etitioner: SRl. K. VENUMADHAV Counsel for the Flespondents No.1: SRI K. ARVIND KUMAR, SC Counsel for the l?espondent No.4: SRI K. RAHDA SANDEEPTI REDY, AGP FOR LAND ACQUISITION Counsel for the Respondent Nos. 2&3: SRI A. RAMU, SC FOR NHAI The Court made the following: ORDER .t HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.8O61 of2O25 ORDER: This writ petition has been filed to declare the action of respondent No.2 in not passing any orders determining the just compensation payable to the petitioner in pursuance of his land acquired i.e., Sy.No.985 to an extent of 1922.3199 sq'mtrs and

1214.1 sq.mtrs ald award notice issued in Rc'No.B/l33l2O2I- O4-NH-163G, dated 25.04.2024 considering the representation of the petitioner dated 1O.O1.2025 for passing the award taking into consideration of the claim of the petitioner as illegal and arbitrary ard consequently direct respondent No.2 to consider the representation of the petitioner dated lO.Ol.2025'

2. Heard learned counsel for the petitioner and Mr.K.Arvind Kumar, learned Standing Counsel for respondent No.1 and K.Radha Sandeepti Reddy, learned Assistant Government Pleader for Land Acquisition appearing on behalf of respondent No.4.

3. The facts in brief are that petitioner claims to be absolute owner and possessor of agricultural land admeasuring Ac.l-2O gts., 1n Sy.No.9B5/A/4 arld Ac.O-l B gts., 1n Sy.No.98 5/fll2 totally Ac.1-38 gts., at Peddacur Village, Atmakur mandal, Hanumakonda District. While r-hings stood thus, resoon,lent No.4 issued land acquisition proceedings uide Rc.No.B/13:ll2O2l dated 28.O4.2023 for acquiring the subject lald alo rg with others lands. According to th e award of respond.e-rt l,lo.4, petitioner was awarded with R::.4,41,745/- and 2,78,998i / - for both the lands. The main grie,rance of the petitioner is that respondent authorities have wrongty calculated the dwell ng ;rea and structure value of the petitionr:r's property and untle rva.lued the same. In that regard, petitioncr has made a repres( .ntation on 70 .OI .2025. As there \vas rlo response forthcomi ng, the petitioner is before this Court b), way of this writ pettticn.

4. Though various grounds are raised in the r,rrit petition, learned c,runs;el for the petitioner restricts his pral'.:1 seeking a direction -o respondent authorities to dispose of the petitioner,s representrrtron dated IO.Ol.2025 in a time bound per.iod.

5. .earned Assistant Government pleader for Land Acquisitio r s ubmits that if the said representat ion is still I I ,.:.4 ::3:: pending for consideration, the respondent authorities rnay be directed to dispose of the petitioner's representation, dated lO.Ol.2025 and pass appropriate orders in accordance with law.

6. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioner's representation, dated 10.01'2025 and pass appropriate orders strictly in accordarce with law by following Section 64 of Act 30 of 20 1 3, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order after giving a fair opportunity of hearing to all the concerned parties and communicate the same to the petitioner.

7. Accordingly this writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition sha-Il stand closed. No costs To, //TRUE GOPY// SD/.4.V.S. PRASAD PUTY REGISTRAR SECTION OFFICER

1. The Principal Secretary, Union of lndia, Ministry of Road Transport and 2. The Chief General Mangager, National Highway Authority of lndia, Highways, Central Secretariat, New Delhi. represented by its Chief General Manager G-5 and 6, Sector-10, Dwaraka, New Delhi-1 10075.

3. The Arbitrator Cum District Collector, Under National HighWay Authorities Aci, Hanumakonda District, Hanumakonda,

4. The Land Acquisition Officer-Cum- Revenue Divisional Officer, Greenfields, National Highway Parakala, Hanumakonda District. 5. The Tahsildar. Atmakuru ManqgL H,anumgkonda District. '-':::3gf-':ge!I:*.@ =F"--z 7..

6. One CC b SRl. K. VENUMADHAV, Advocate [OPUC] 7. OneCCto iRl K. SANDEEPTHI REDDY, SC [OPUC] B. One CC to lRl A. RAMU, SC FOR NHAI [OPUC] 9. Two CD Co cies BM BS 6 HIGH COURT DATED:1 810312025 ORDER WP.No.8061 of 2025 -it c /6. 'r- oB \' o o I ? [Air ?0n .* Dc SD ,,,.F.'; \) (, t' ?- o DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,..& tgtof''