THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15761 OF 2011 Dated: 24.06.2011 Between : 1. G.V.S. Raju and 9 others. … Petitioners And 1. The Collector and District Magistrate, Visakhapatnam District and another. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15761 OF 2011 ORDER : This writ petition is filed seeking a declaration that the action of the 1st respondent in not disposing of the applications filed by the petitioners under Section 3G (5) of the National Highways Act, 1956 against the Award No.31/2002 for enhancement of land value for the lands acquired for the purpose of road-widening NH-5 at Madhurawada Village, Visakhapatnam District is arbitrary and illegal. I have heard Sri Subbarao Korrapati, the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition appearing for the respondents. It is pleaded by the petitioners that the lands belonging to them in various survey numbers abutting National Highway No.5 near Madhurawada Village, Visakhapatnam were acquired under the provisions of the National Highways Act, 1956 for the purpose of widening NH-5 and thereafter award was passed on 23.08.2002 fixing the compensation. It is further stated that the petitioners had received the compensation under protest and thereafter they made an application before the 1st respondent under Section 3G (5) of the National Highways Act, 1956 seeking enhancement of compensation within the time prescribed under the statute. Pursuant thereto, by notice dated 15.5.2010 issued by the 1st respondent, the petitioners were directed to appear along with proofs for enquiry for enhancement of compensation. Though the petitioners appeared before the 1st respondent and submitted the relevant material to substantiate their claim for enhancement of compensation, the proceedings have not been concluded so far. The petitioners made a further representation dated 18.9.2010 requesting the 1st respondent to pass orders enhancing the compensation on the basis of the documents already produced by them. Alleging that the 1st respondent failed to take any action, the present writ petition is filed. As per Section 3G(5) of the National Highways Act, 1956, if the amounts determined by the competent authority is not acceptable, either of the parties can make an application for determination by the Arbitrator. Admittedly the respondent No.1 is the Arbitrator appointed by the Central Government and the applications made by the petitioners under Section 3G(5) are pending before him. Hence he is bound to pass appropriate orders in accordance with law. Since the award was passed long back in the year 2002 and the petitioners made application under Section 3G(5) immediately thereafter, it is also necessary for the 1st respondent to pass the necessary orders without any further delay. Accordingly, the Writ Petition is disposed of with a direction to the 1st respondent to conclude the proceedings taken up on the applications of the petitioners made under Section 3G(5) of the National Highways Act for enhancement of compensation and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of six weeks from the date of receipt of this order. ______________ G. ROHINI, J. Dt. 24.06.2011 Note:- CC in 4 days. (B/O) gbs