IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8537 of 2008 Between: Madasu Ramesh Naidu S/o.late Pullaiah Naidu Legend Apartments, Tahqur Mansion Road, Behind Khajana Jewellers, Somajiguda. ..... PETITIONER AND 1 The Competent Authority and Special Deputy Collector - cum- Land Acquisition Officer, N.H.5 Authority of India, Visakhapatnam. 2 The Arbitrator and Collector and District Magistrate, Visakhapatnam. 3 The Project Director, P.I.U. N.H.A.I. Marripalem, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the inaction of the Arbitrator and Collector and District Magistrate Visakhapatnam, the 2nd respondent herein, in not disposing the appeal filed by the petitioner herein under Sub Section (5) of Section 3(G) of N.H. Act 1956, as illegal, arbitrary and contrary to the provisions of N.H. Act, 1956, and further direct the respondents herein to dispose of the appeal filed by the petitioner herein in terms of Sub Section (5) Section 3(G) of N.H.Act, and pass such other order or orders. Counsel for the Petitioner: MR.RAMA RAO MAVIDI Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 8537 of 2008 ORDER: According to the petitioner, he is the absolute owner of an extent of 2525 sq. yards of land abutting N.H.5 covering 7 plots bearing Nos.2 to 8 in S.Nos.180 and 181/4 of Ghambheeram village, Anandapuram Mandal, Visakhapatnam District. As the National High Way Authority required the said land, initiated proceedings under the provisions of the National Highways Act, 1956 and thus acquired an extent of 2470 sq. yards from out of the said land. The competent authority, i.e. the first respondent fixed the compensation at Rs.75/- per square yard. As the said amount of compensation is so meager, the petitioner gave an application requesting the authority to refer the matter to an arbitrator to be appointed by the Central Government and accordingly, the matter was referred to an arbitrator and the arbitrator/District Collector addressed a letter by his proceedings in R.C.No.6/2001/R1/dated 23-07- 2003 to the Project Director, PIU, NHAI, Marripalem, Visakhapatnam to inspect the land and if it is un-useful for widening of NH-5 road make necessary arrangement to reconvey the land to the petitioner duly recovering the compensation paid to him for the said land and report compliance. The grievance of the petitioner is that despite the said letter, the authority has neither reconveyed the land to him duly recovering the compensation amount already paid, nor enhanced the amount of compensation. Hence, he approached this court by filing the present writ petition. Section 3(G) of the National Highways Act, 1956(for short ‘the Act’) deals with determination of amount payable as compensation. When once the amount of compensation is determined by the competent authority and if the claimant is not in agreement, he can request the authority to refer the matter to an arbitrator as provided for under Sub Section (5) of Sec.3(G). When an application is filed and the District Collector has addressed a letter to the Project Director, keeping the petitioner in dark for all these years is nothing but negligence. Either the said amount of compensation fixed by the second respondent be enhanced or the land be reconveyed to the petitioner, if it is not required. As the reference was of the year 2002, the first respondent is hereby directed to pass appropriate orders as provided under Sec.3(G) (5) of the Act, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is allowed at the stage of admission. No order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J Dt: 18-04-2008 Rns. To 1. The Competent Authority and Special Deputy Collector - cum- Land Acquisition Officer, N.H.5 Authority of India, Visakhapatnam. 2. The Arbitrator and Collector and District Magistrate, Visakhapatnam. 3. The Project Director, P.I.U. N.H.A.I. Marripalem, Visakhapatnam. 4. Two CCs. 5. Two CD copies.