Mohd.Yousuf v. The Union Of India

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17725 OF 2019 Date:20.08.2019 Between:

Mohd. Yousuf, S/o. Mohd. Moulana, Aged about 68 years, Occ: Business, R/o.5-4-425, Kamalanagar, Vanasthalipuram, Hyderabad .. Petitioner And The Union of India, Ministry of Roads Transport and Highways, Transport Bhavan, I, Parliament Street, New Delhi, rep., by its Secretary and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17725 OF 2019 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Land Acquisition, Sri A. Laxminarayana, learned standing counsel for NHAI and learned Government Pleader for Revenue. With the consent of all the learned counsel, the writ petition is disposed of.

2.

Land acquisition proceedings were initiated to acquire the land on the requisition made by the National Highways Authority of India. On 19.04.2018, award was passed covering the land of the petitioner also in Survey Nos.80/B and 330/A of Raghunathpalli Village and Mandal, Jangaon District. The land of the petitioner is included in category - B and compensation determined is Rs.24,00,000/-. Petitioner contends that his land was already converted from agriculture to non-agriculture purpose and developed the same and therefore, the land is not more treated as agricultural land and it should be included in category - A (commercial lands). Petitioner therefore claims that appropriate compensation is not determined. However, aggrieved by the award passed, the petitioner filed Arbitration Application and it is referred to the District Collector. All these contentions now urged in the Writ Petition were already urged and are pending consideration by the Arbitrator.

3.

Having regard to the same, the Writ Petition is disposed of directing the District Collector-cum-Arbitration Officer, Jangaon District, the 3rd respondent, to pass orders on the Arbitration

Application filed by the petitioner for enhancement of the compensation expeditiously, at any rate within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that if the petitioner is not satisfied with the award passed by the Arbitrator, it is always open to him to avail appropriate remedies as available in law. Miscellaneous petitions, if any, shall stand closed.

_____________________ P. NAVEEN RAO, J Date:20.08.2019 KH