Burle Subba Rao v. The Competent Authority

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12178 OF 2018 ORDER :

An award passed by the respondent No.1 vide proceedings Rc.No.5443/2012, dated 31.07.2017, under Section 3-G (1) of the National Highways Act, 1956, is under challenge in the present writ petition.

When the matter is taken up, it is brought to the notice of this Court that, in fact, questioning the quantum of compensation awarded by the first respondent, the petitioners herein already approached the District Collector/Arbitrator under Section 3-G (5) of the National Highways Act, 1956. It is submitted by the learned Counsel appearing for the petitioners that the award passed by the first respondent is in contravention of Section 26 of Act 30 of 2013. Since the applications, according to the learned Counsel for the petitioners, are pending consideration before the 4th respondent/District Collector, this Court deems it appropriate to dispose of the Writ Petition, directing the 4th respondent/Arbitrator/District Collector to consider the said applications for re-determination of the compensation amount awarded by the first respondent, strictly as per the provisions of Section 26 of Act 30 of 2013, as expeditiously as possible. No order as to costs.

Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.

__________________ A.V.SESHA SAI,J 11th April, 2018 smr