Telangana High Court
WP/23369/2006 of Kanamarlapudi Subba Rao Vs The District Collector, Prakasam District, Ongole on 29 December 2009
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
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)MONDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND NINE
PRESENTTHE HON'BLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION NO :23369 of 2006
Between:Karamarlapudi Subbarao s/o Chenchaiah, H.No:76-5-2, Balaji Homestreet, 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
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ORDER:
This writ petition is filed by the petitioners seeking a writ ofmandamus to declare the inaction on thepart of the respondents in nottaking steps to pay the additional land value, value of trees, 30% of thesolatium and the interest at 18% on the delayed payments etc., to thepetitioner and unconstitutional and consequently, to direct the 1[st]respondent to pass appropriate orders on the arbitration application,dated 20.9.2004 filed by the petitioner under section 3 G(5) of theNational Highways Act, 1956 and to pay the compensation as sought for along with penal interest.
Heard the learned counsel and perused the entire materialavailable on record.
The case of the petitioner that he is the owner of the landadmeasuring Ac.1.85 cents, Ac.0.36 cents and Ac.1.66 cents inR.S.No:130/4, 130/4A and 1230/3 respectively situated inRenangivaram village, J.Pangulur mandal, Prakasam District by virtueof registered sale deeds bearing Nos.1153, dated 27.7.1969, 30 dated18.1.1980 and 2447, dated 26.12.1994 respectively. During theyear1997 he purchased tamarind seeds of bybrid variety from KarnatakaState and sown them in his lands abutting N.H.5 road and within threeyears, the tamarind treeds grew upto the stage of fruit yielding andduring the years 200 and 2004, he derived the income from the saidtamarind fruits. After acquisition of certain parts of his land, heappeared before the 2[nd] respondent and filed his objections and the2[nd] respondent passed award on 8.7.2002 for the payment ofcompensation of Rs.32,802/- towards the value of the land. But, nocompensation was paid for the tamarind trees. Then, he made arepresentation on 18.3.2003 requesting for payment of thecompensation and thereafter, he was paid the compensation ofRs.11,650/- only towards 20 tamarind trees on 16.8.2004. Therefore,he submitted a petition dated 20.9.2004 to the 1[st] respondent forarbitration under section 3-5(5) of the National Highways Act, 1956 forconsideration with regard to the value of the land as well as the 30tamarind trees and with regard to the payment of solatium andinterest. 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 thepetitioner that having not satisfied with the award, the petitioner hassubmitted a petition dated 20.9.2004 to the 1[st] respondent-Arbitratorwith regard to the value of the land as well as the 30 tamarind treesand also with regard to the payment of solatium and interest and thesaid petition has not yet been considered so far.
Having regard to the facts and circumstances of the case andhaving regard to the fact that the petition dated 20.9.2004 filed by thepetitioner, is kept pending with the 1[st] respondent-arbitrator, withoutexpressing any opinion on the merits of the case, I feel it just andproper to direct the 1[st] respondent-arbitrator to dispose of the petition,dated 20.9.2004 filed by the petitioner under section 3-G(5) of theNational Highways Act, in accordance with law after giving anopportunity to the petitioner, within a period of two (2) months from thedate 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
gurcTHE HON'BLE SRI JUSTICE G.CHANDRAIAH
29th December, 2009