Gandreti Krishna Kannayya v. The District Collector Cum Arbitrator,

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.43845 of 2017 ORDER :

This writ petition is filed with the following prayer: " ...to issue a Writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 1st respondent in not determining the compensation being the Arbitrator appointed Sec.3G(5) of National Highways Act, 1956 in respect of the land acquired of an extent of Hc.0-3504 cts in S.No.89/1B of Gollaprolu Village and Mandal, East Godavari District is illegal, arbitrary, violative of Sec.3G(5) of National Highways Act, 1956 and Constitution of India and consequently direct the 1st respondent to determine the compensation in respect of Hc.0-3504 cts in Sy.No.89/1B of Gollaprolu Village and pass such other order or orders as are deemed fit and proper."

The grievance of the petitioner is that the petitioner made an application under Section 3G(5) of the National Highways Act, 1956 on 05.12.2016 for enhancement of compensation in pursuance of the Award No.09/2015/NH-216, dated 31.12.2015 and as the same is not being disposed of, the present writ petition is filed. Heard the learned counsel for the petitioner, learned Government Pleader for Revenue for 1st and 3rd respondents and learned standing counsel for Central Government for 2nd respondent.

Considering the grievance of the petitioner, the 1st respondent is directed to consider the representation of the petitioner dated 05.12.2016 in terms of Section 3G(5) of the National Highways Act,

and pass appropriate orders for enhancement of compensation.

Accordingly, the Writ Petition is disposed of. No costs. Consequently, Miscellaneous Petitions pending, if any, shall stand closed.

__________________________ A. RAJASHEKER REDDY, J 22nd December, 2017 Tsr