IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO :23369 of 2006 Between: Karamarlapudi Subbarao s/o Chenchaiah, H.No:76-5-2, Balaji Home street, Bajibaba mandiram road, Bhavanipuram, Vijayawada-12. .....PETITIONER AND 1.District Collector, Prakasam District, Ongone, & Arbitrator. .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO :23369 of 2006 ORDER: This writ petition is filed by the petitioners seeking a writ of mandamus to declare the inaction on thepart of the respondents in not taking steps to pay the additional land value, value of trees, 30% of the solatium and the interest at 18% on the delayed payments etc., to the petitioner and unconstitutional and consequently, to direct the 1st respondent to pass appropriate orders on the arbitration application, dated 20.9.2004 filed by the petitioner under section 3 G(5) of the National Highways Act, 1956 and to pay the compensation as sought for along with penal interest. Heard the learned counsel and perused the entire material available on record. The case of the petitioner that he is the owner of the land admeasuring Ac.1.85 cents, Ac.0.36 cents and Ac.1.66 cents in R.S.No:130/4, 130/4A and 1230/3 respectively situated in Renangivaram village, J.Pangulur mandal, Prakasam District by virtue of registered sale deeds bearing Nos.1153, dated 27.7.1969, 30 dated 18.1.1980 and 2447, dated 26.12.1994 respectively. During theyear 1997 he purchased tamarind seeds of bybrid variety from Karnataka State and sown them in his lands abutting N.H.5 road and within three years, the tamarind treeds grew upto the stage of fruit yielding and during the years 200 and 2004, he derived the income from the said tamarind fruits. After acquisition of certain parts of his land, he appeared before the 2nd respondent and filed his objections and the 2nd respondent passed award on 8.7.2002 for the payment of compensation of Rs.32,802/- towards the value of the land. But, no compensation was paid for the tamarind trees. Then, he made a representation on 18.3.2003 requesting for payment of the compensation and thereafter, he was paid the compensation of Rs.11,650/- only towards 20 tamarind trees on 16.8.2004. Therefore, he submitted a petition dated 20.9.2004 to the 1st respondent for arbitration under section 3-5(5) of the National Highways Act, 1956 for consideration with regard to the value of the land as well as the 30 tamarind trees and with regard to the payment of solatium and interest. But, the said petition has not yet been considered. Hence, the present writ petition is filed. When the matter is taken up for hearing, it is brought to the notice of this Court by the learned counsel appearing on behalf of the petitioner that having not satisfied with the award, the petitioner has submitted a petition dated 20.9.2004 to the 1st respondent-Arbitrator with regard to the value of the land as well as the 30 tamarind trees and also with regard to the payment of solatium and interest and the said petition has not yet been considered so far. Having regard to the facts and circumstances of the case and having regard to the fact that the petition dated 20.9.2004 filed by the petitioner, is kept pending with the 1st respondent-arbitrator, without expressing any opinion on the merits of the case, I feel it just and proper to direct the 1st respondent-arbitrator to dispose of the petition, dated 20.9.2004 filed by the petitioner under section 3-G(5) of the National Highways Act, in accordance with law after giving an opportunity to the petitioner, within a period of two (2) months from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. _________________ Justice G.Chandraiah Date:29.12.2009 gurc THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO :23369 of 2006 29th December, 2009