THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.6531 of 2024

ORDER:

This Writ Petition is filed seeking to issue an order, direction or Writ more particularly in the nature of a writ of Mandamus declaring award passed by the respondent No.3 vide proceedings No.B/2716/2020 dated 23/05/2022 without determining value of things attached to the land of the petitioner as illegal, arbitrary, highhanded apart from being violative of section 28 and 29 of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and Article 14 and 300 A of Constitution of India and with a consequent prayer to set aside the award passed by respondent No.3 vide Proc No B/2716/2020 dated 23.05.2022 and further direct the respondent No.3 to pass a fresh award by considering the parameters as set out in section 28 and 29 of the Act 2013 in respect of land in Sy. No. 97/A admeasuring to an extent of Ac.0.10 guntas of Kothagahat Village.

2. Heard Mr.T.Bala Mohan Reddy, learned counsel for petitioner, Sri Madishetty Ramu, learned Standing Counsel for respondent No.1 and 4 and learned Government Pleader for Land Acquisition, for respondent Nos.2 and 3. Perused the record.

3. Learned counsel for the petitioner submitted that he filed a protest petition under section 3G(5 to 7) of National highways Act, 1956 read with Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 before the Arbitrator-cum-District Collector, Karimnagar District and requested to fix a time to dispose of the proceedings No.B/2716/2020 dated 23/05/2022.

4. Learned Standing Counsel for NHAI-respondent No.4 submits that the Highway ROW is affecting the existing Retail Outlet of IOCL Kothagattu village, Shankarapatnam Mandal of Karimnagar District pertaining to Kotha Vandana, W/o Bhaskar Reddy which is to be shifted. As per NH Act, the LA award was passed for an extent of 758.756 sq. mtrs in the Sy.No.97 in the name of Kotha Vandana, W/o Bhaskar Reddy vide lr.No.B/2716/2020 dated 14.03.2022 and the supplementary award towards missing structures was passed vide lr.No.B/2716/2020 dated 27.10.2023 for only compound wall of Retail outlet (i.e. IOCL Petrol Pump). It is further submitted that NHAI vide NHAI/RO-HYD/11024/K-W/Structure Award/Kothagattu (V)/2025/1066, dated 21.07.2025 has awarded an amount of Rs.30,25,176/- as compensation. In view of the above, the PD, Warangal is requested to take necessary action for payment of above compensation duly complying with the guidelines communicated vide NHAI, HQ Circular No.NHAI/F&A/Old Cala/2016-17/119, Dt.08.03.2018 by complying the conditions as laid down in the said proceedings.

5. It is further submitted that the respondents have already passed appropriate orders and so far as to modify the Award passed by the respondent No.1 and enhance the compensation, award is pending with the Arbitrator-cum-District Collector, Karimnagar District.

6. Upon hearing both sides and perusing the record, this Court is inclined to direct the District Collector-respondent No.2 to dispose of the protest petition filed by the petitioner vide File No.B/2716/2020 within a period of six (06) months.

7. With the above direction, the Writ Petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________________ NAGESH BHEEMAPAKA, J Dated 24.11.2025 BV