WP/41807/2022 of NAMALA RAMA RAO Vs The State of Andhra Pradesh, on 30 December 2022

ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Land Acquisition appearing for the respondents. With their consent, the Writ Petition is disposed of at the stage of admission.

2. The Writ Petition is filed seeking to declare the action of respondent No.3 in not disposing of the claim petition dated 21.07.2017 filed under Section 3(G) (5) of the National Highways Act, 1956(for short ‘the Act’), as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and for a consequential direction to respondent No.3 to dispose of the claim petition of the petitioner forthwith.

3. The learned counsel for the petitioner while reiterating the contentions raised in the Writ Petition, inter alia, submits that in pursuance of the direction to the petitioner in Order dated 04.07.2017 in W.P.No.21305 of 2017, he filed an Arbitration Petition under the Act before the 3[rd] respondent on 21.07.2017 for enhancing the compensation @ Rs.5,000/- per sq.yards for the land acquired to an extent of Ac.0.16.05 and Ac.0.15.05 cents in Survey No.405 situated at Pithapuram Town, East Godavari District. He submits that though more than five years had elapsed, no orders have been passed in the said claim petition and under the above said circumstances, having no other alternative remedy, the petitioner is constrained to approach this Court seeking appropriate directions.

4. Learned Assistant Government Pleader for Land Acquisition submits that as per the written instructions dated 28.12.2022 received by her, the claim petition is still pending consideration before respondent No.3.

5. Though, no reasons are forthcoming as to why the claim petition filed as long back as in the year 2017 has not been disposed of so far, this Court instead of further probing into the petition filed as long back as in the year 2017 has not been disposed of so far, this Court instead of further probing into the matter, deems it appropriate to dispose of the Writ Petition with a direction to the respondent No.3, who is the competent authority to decide the claim petition dated 21.07.2017 filed by the petitioner and pass appropriate orders, in accordance with Law, after giving due opportunity to the petitioner, within a period of six(6) weeks from the date of receipt of a copy of this Order.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_____________________

NINALA JAYASURYA, J

Date: 30.12.2022 BLV

BLV

THE HON’BLE SRI JUSTICE NINALA JAYASURYA

W.P.No.41807 of 2022

Date: 30.12.2022