High Court · 2025

5. Kompelli Sravan Kumar, s/o K Ramesh Kumar Aged 3'l years, Occ. advocate r/o Fiat no. 312, 3rd floor, Raksha homes near Srinivasa gardens Mancherrial district

6. Davanpally Srinivas Rao, s/o Rama rao Aged 37 years, Occ. business, Rl/o Tandur village and mandal .Mancherial District 7, Davanpally Anj an Rao, s/o Rama Rao Aged 41 years, Occ. business' R/o Tandur village and mandal .Mancherial District ANO 1 The State of Telangana, Rep. by its Principal Secrelary, Land acquisition, Secretariat Building, Hyderabad. 2 3 Competent authority for land acquisition and addl., Collector, Mancherial . The District Collector cum Arbitrator under, National high way act, Mancherial ...PETITIONERS ...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 issue a writ or writs, order or Direction more particularly in the nature of writ of Mandamus declaring the action of the Respondents No.2 and 3 in not following the due process of law while considering the arbitration application dt 1510312025' 3011212024 and 9t112025 with in time limit under Sec 29 A, of THE ARBITRATION AND CONCILIATION ACT, 1996 is illegal, arbitrary, violative principles of natuful justice and also violative of Article 14, 21, 3OO-A of the Constitution of lndia and .r-:--:E--7 ' './ consequently direct the respondents to conduct the enquiry crn lhe r;laim petition dt 1510312025,3O11212024 and 91112025 filed under Section 3G of National Highways Act, 1956 in enhancing award within the stipulated time as co rtemplated in the Act lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court mery be pleased to direct the respondent No. 3 to dispose of the claim petition dt 1l'.10312025, 3011212024 and91112025 filed underSec3G of the National Highways A:;t, I956 while passing the enhanced award within the stipulated time as contemplated in the Act pending disposal of the write petition Counsel for the Petitioner: SRl. POCHAIAH DORISHETTI Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER w THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.12424 of 2025 ORDER: Heard learncd counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos-1 to

3. With their consent, this q,rit petition is being takcn up for disposaI at the stage of admission itself.

2. This writ petition has bccn filecl sceking the following prayer:- "to declare the sction of thc l?.espondLtrls t\ro.2 and 3 in not folloioing the due process of lau while cottsitlering tfu arbitration applicltion dt 15.03.2025, 30.12.2024 and 09.0.1.2025 rortlr itt tinrc linit under Sec 29 A, of THE ARts|'IIIATION AND COI'/C1LlA1,-lON AC"t', 1996, is illegal, arbitrary, oiolatioc principlcs of notural justice and also aiolatioe of Article 14, 21, 300-A of the Constitution of lndia and consequently direct the respondents lo concluct the enquiry on the claim petition dt 15.03.2025, 30.12.2024 and 09.01.2025 fled under Section 3C of Nationol I lighutnys Act, 7956 in enhancing auard uithin the stipulatcd tune as conlemplated tn the Act."

3. Brief facts in this writ petition arc that petitioners claims that their lands situated at Andugulapet, 'l'andur, Mancherial District were acquired under National High Autl-rority lndra-NFI 363, Mancherial District to Chandrapur, Krn.0.00 to 44.200, undcr an award No.C2/16/Garimilla-II dated

05.08.2019, by the respondents authorities. Irurtlier case is that the respondent authorities had awarded meager compcnsation, herrcc, thc pctitioncr under Section 73 of the Land Acquisition, Rchabilitatron and Ilesettlement Act,2013 (hereinafter referred as'the Act') and the National High Wav Act read with Section 3 C of the'llational Fligh Way Act, 1956, macie applications on .. 2

30.12.2024, 09.01 .2025 and 15.03.2025 anci requested respc)ndent authoritics to re-detc,rnine thc market valuc of the subject lands. Iro.r,re'er, the same are still pcnding for consideration. Aggrieved by the same, this rvrit petition is filed. 1- lhough va'ious g'ounds are raisecl irr thc writ petit o^, leaLrned counser for the pctit oncrs restricts his praver seeking a dircc Lio. t. rcspondent authoritics to dispose the pctitioners, applicatio.s dated 30.12.20124, Og.OL.ZOZ5 and 15.03.202,i, in a time bound period.

5. I-earned Assistant Government Pir:acler appcarilg for r-espondcnts submits that Lf the petitioncrs' applicatio,s claLeil 30.12.2(124, 09.01.2025 a^c1

75.03.2025 are still pending fo, consideration; the respo,c{r:.t authoritics may be dirccted to clispose of the said applications a.d pu* a1,1i.op.iate orders in accorda ttcc witlr larr, 6' In viert'of the submission made by rearned counser o. eitr.rcr srde and without expressi'rg any opinion on trre rneiits of the case, rris wr.it petition is disposeci of directing tl.re respondent authorities to disp.sc thc petitioncrs, applicaticrns clated 30.12.2024, 09.01..202b ancl 15.03.2025 ard pass appropriare orders strictly in accordance with law, as cxpeditiously as l)ossiblo, prcferablv withir-r a perio,l of six (06) weeks frorn ihe date of rcceipt ot copy of this order ancl communicatc lhc same to the petitioners. J

7. Accordingly this writ pctition ts clisposed of. Miscellaneous applications, if any pending, shall stand closed. No orcler as to costs To, //TRUE COPY// SD/.V.KAVITHA EPUTY REGISTRAR SECTION OFFICER 1

2. .)

4. The Principal Secretary, Land acquisition, Secretaiiat Building, Hyderabad. Competent authority for land acquisition and addl., Collector, Mancherial . The District Collector cum Arbitrator under, National high way act, [Vlancherial One CC to SRl. POCHAIAH DORTSHETTT Advocate tOpUCI Two CCs to GP FOR LAND ACQUISIT|ON ,High Court foi the State of Telangana. [OUT] Two CD Copies t,. KKS TKS n HIGH COURT DATED:2310612025 (>( ."'j:_:1'::-::\- .1t\5 ::' f 4 r-->->\ ,.,^\ /:'i' \'- . '! 6 SEP 20fr ,;-:,.: ,;r, r . ,, _ -i:.i:; -.:-,--.- 1l

2. ORDER WP.No.12424 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS /z /f/ZAJ ._ s