THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.12731 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to 4. With their consent, this writ petition is being taken up for disposal at the stage of admission itself.

2. This writ petition has been filed seeking the following prayer:-

“to declare the action of the respondents in not paying compensation to the petitioner for acquiring the land for the development of NH- 161B in respect of Ac.2.00 gts in Sy No.28/TA1, situated at Jukal Village, Naranyankhed Mandal, Sangareddy District, as illegal, arbitrary and against to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) and violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to pay compensation to the petitioner for acquiring the land or development of NH-161B on the above subject property.”

3. Brief facts in this writ petition are that petitioner claims that earlier her husband Sri.Kethavath Ambrya Naik, was assigned land to an extent of Ac.2.00 gts in Sy.No.28/TA, situated at Jukal Village, Naranyankhed Mandal, Sangareddy District and thereafter, the petitioner’s husband started cultivating the above said land. After, demise of petitioner’s husband, petitioner being the legal heir claims to be the owner of the subject property and the petitioner was issued pattadar passbook bearing No.T09160230756 and vide Khata No.60155 petitioner’s name was recorded in the revenue records, thereafter, the petitioner was in peaceful possession of the subject property. Further case is that the respondent authorities, for the purpose of stretching of land from Km.0.000 to Km.29.580 NH161B near Nizampet village and Mandal of Narayankhed Division, Sangareddy District, proposed to acquire the lands in the Sangareddy District and the respondent authorities under Section 3(A) of the National Highway Act (hereinafter referred as ‘the Act’), issued draft notification dated 28.01.2021, wherein the petitioner’s subject lands was also mentioned. Thereafter, the Central Government vide Gazette No.S.O.2635(E) and Gazette No.2444, dated 30.06.2021 had approved the draft notification dated 28.01.2021. Subsequently, respondent No.3 issued notice dated 20.05.2023, wherein the petitioner was directed to appear in person before the respondent No.3 and submit relevant documents. Hence, the petitioner had approached the respondent No.3 and submitted relevant documents. Thereafter, respondent No.3 passed award dated 13.02.2024 for an amount of Rs.3,92,538/- for acquiring the petitioner’s land.

4. Learned counsel for the petitioner submits that subsequently the petitioner approached the respondent No.3 for payment of compensation, however, respondent No.3 refused to pay the same on the ground of complaint/objections raised by respondent No.5. Thereafter, petitioner made a detailed representation on 23.01.2025 and requested respondent No.3 to pay the compensation to the petitioner for the acquired subject land. However, the same is still pending for consideration. Aggrieved by the same, this writ petition is filed.

5. Learned counsel for the petitioner submits that the petitioner’s name is reflected in the ROR proceeding in respect of the subject property and inspite of detailed dated 23.01.2025, the respondent authorities are not paying the compensation to the petitioner, hence, pray this Court to direction the respondent No.3 to dispose the petitioner’s representations dated 23.01.2025, in a time bound period.

6. Learned Assistant Government Pleader appearing for respondents submits that if the petitioner representations dated 23.01.2025 is still pending for consideration; the respondent authorities may be directed to dispose of the said representation and pass appropriate orders in accordance with law.

7. In v