fyrp^r.l'lerg)rqqs/o Balaiah v. State of relangana

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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein more particularly Respondent No.2 to 4 herein- 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. A125012022, dated 11-03-2024 and also pursuant to the applications / representations vide dated 22-10-2024, O4-11-2024 and 30-05 -2025 submitted by the Petitioner herein for enhancement/proper determination of compensation amount for the acquired extent of lands and well situated at Choutabetla Village, Kollapur Mandal, Nagarkurnool District as illegal, arbitrary, unfair, discriminatory and in violation of Articles 14, 21 and 300-A of the Constitution of lndia and contrary to the Provisions of Act, 48 of 1956 r/w Act, 26 of 1996 and cc,nsequently direct the Respondent No. 2 to 4 herein to initiate and conclude the arbitration proceedings by referring the land acquisition Award vide prcceedings: No. Al25Ol2O22, dated 11-03-2024, pursuant to the applications / representation!; vide dated 22-10-2024,04-11-2024 and 30-05-2025 submifted by the Petitioner herein to the Respondent No. 2 to 4 herein seeking enhancemenu proper determination of compensation amount for the acquired extent of lands and well belonging to the Petitioner situated at Choutabetla Village, Kollapur Mandal, Nagarkurnool l)istrict. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No. 2 to 4 herein to initiate and conclude the arbitration proceedings ry referring the land acquisition Awad vide proceedings No. N25O12022, dated 1 1-03-2024, pursuant to the applications / representations vide dated 22-10-2024,04-11-2024 and 30-05-2025 submitted by the Petitioner herein to the Respondent No. 2 to 4 herein seeking enhancemenU proper determination of compensation amount for the acquired extent of lands and well belonging to the Petitioner situated at Choutabetla Village, Kollapur Mandal, Nagarkurnool District, pending dispc,sal of the Writ Petition. Counsel for the Petitioner: SRI B. ARJUN RAO Counsel for the Respondents No.1 to 3: AGP FOR LAND ACQUISITION Gounsel for the Respondent No.4: AGP FOR ROADS & BUILDINGS Counsel for l:he Respondent No.S: DEPUW SOLICITOR GENERAL OF INDIA The Court made the following: ORDER THE HON'BLE SRI JUSTICE ORDER: This Writ Petition is fiIed declg$ng the inaction of Respondents 2 to 4 in initiating arbitration proceedings under Section 3G(5) of the National Highway"'A"t, 1956, despite the land acquisition award passed in Proceedings No.A/2SO12022, dated L1.O3.2O24, and the Petitioner's representations dated

22. 1o.2024, 04. | | .2024, and 3O.0 5.2025.

2. Heard Sri B.Arjun Rao, learned counsel for petitioner. Learned Assistant Government Pleader for Land Acquisition for respondent Nos.l to 3 and iearned Assistant Government Pleader for Roads and Building for respondent No.4. Perused the record..

3. When the matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised in this Writ Petition is squarely covered by the order passed by this Court in W.P.No.S41 of 2025, dated 17.O2.2O25 and therefore, the same order may be passed in this writ petition as well. The operative \ portion oFthe said order reads as under: -.,9 2 it8tc, W.P. ilo.266:16 of 2O2S "7 ' Having considered the rival submissions of the respective parties and taking into considerations the submissions made by th; learned Corr"***i Pleader rfor Land Acquisition, it reveals that respondent No.3 has already referred tJ:e application/representation dated 23.Og.2;;; submitted by the petitioners under Section ,C6;; the Act to respondent No.2. [n view of the #;; respondent No.2 is directed to ";"";;;."*L. application/representation dated 25.O9.2,024 submitted by the petitioners invoking th. ;;;;i"1;"" under Section 3G(5) of the Acr and p"""" "Or..U"i. orders in accordance with law, within a period 9f four (o4) months from the date of .";;;il;;; ; this order, after issuing of notice to the petitioners and any other affected parties. ' ---:-: , ',, disposed of." i. 4 1 ,, ,, :In terms of the order passed by this court in w.p.No.s4r of 2025, dated rz -o2.2o25, and for the reasons arike, this writ petition is disposed of in same terms directing respondent No.2 to consider the applications/representations dated z,z.to.zoz+, 04'71.2o24, and 3o.os.2o2s submitted by tl,e petitioner invoking the provisions under section 3G(s) of the Act and pass appropriate orders in accordance with law, within a period of four (04) months from the date of receipt of copy of this order, after issuing of notice to the petitioner and any other alfected parties. There shall be no order as to costs. i 3 il8rJ W.P. It1o.26636 of 2025 Miscellaneous applications, if any pending, shall stand closed. I sD/- L. ASSISTANT / //TRUE COPY// To

1. The Principal Secretary, Revenue (Land State of Telangana, Tank Bund Road, 2. The District Collector and Magistrate cum SECTION OFFICER Depa ftment, Secretariat, National Highways

3. The Competent Authority for Land Acquisition (CALA) and Revenue Divisional Officer, Kollapur, Nagarkurnool District

4. The Executive Engineer (R&B), Roads and Buildings Department, NH Division,Kalwakurthy,Nagarkurnoo!District. Highways, Transport Bhawan, Parliament Street, l\.lew Delhi-110001

5. The Union of lndia, Rep- by its Secretary, Ministry of Road Transport and 6. One CC to SRI B. ARJUN RAO, Advocate [OPUC] 7. Two CCs to GP for Land Acquisition, High Court for the State of Telangana at Hyderabad.IOUI at Hyderabad. [OUT]

8. Two CCs to GP for Roads & Buildings, High Court for the State of Telangana 9. One'Cc io o"rirtv Sbticltor Generalof India IOPUCI 10.Two CD Copies Along with a copy of the order dated 17.O2.2O25 in W.P.No .541 of 2025 MP GJP * e HIGH COURT D ED:09/0912A25 r \ t'.E S (_) 11 [tB ?026 * *- ORDER WP.No.26636 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,,1 @ ^J{ .l\rlx THE HON'BLE SRI JUSTICE J. SREENTVAS RAO NN ORDER: The grievance of, the petitioners is that the petitioners ; submitted an application/representation dated 23--OI-2ODA under Section 3G(5) of the 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 responden! No.3 passed an award No.Al25Ol22, dated 1I.03.2024, by. granting meager compensation, and the petitioners are eltiqed to s( enhancement of compensation in respect of the subject property acquired by the respondent authorities. tn spite of repeated requests made 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, learned Assistant Government Pleader for Land Acquisition aPPearing for respondent Nos.l to 3, and learned Assistant Government Pteader for Roads and BuildingS appearing for respondent No.4 and Mr. K.Aravind Kumar, lea1ned Standing Counsel appearing for respondent No-5- 2

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

4. Le'arned counsel for the petitioners submits that the petitioners have submitted an application/representation dated

23.o9.2024 invoking the provisions of Section 3G (5) of the Act, 1956, rrot satisfied with the compensation determined by respondent No.3 in the award dated 11.03.2024, seeking a referenc,e to respondent Nos.2 and 3, and the said application/representation is pending before respondent No. 3 .

5. . Lr:arned Assistant Government Pleader ftlr Revenue, basing upon the oral instructions given by respondent No.3, namely the Revenue Divisional officer, Ko[[apur. NagarkurnooI District, submits that the respondents have already referred the application/representation dated 23.09.2024 sr-rbrnitred by the petitioner to respondent No.2 and respondenr No.2 wiil pass appropr:iate orders in aqcordance with law after issuing notice to the pet:rtioners and any other affected parties as per the provisions of the z\ct, and requested this Court to grant reasonable time. 3

6. The above said submissions have not been disputed by learned counsel for the petitioners-

7. Having considdred the submissions made by learned coun3e! for the parties, the present writ petition is disposed of. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed, Date: 17.02.2025 NSP JUSTTCB J. SREENIVAS RAo