HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No .19975 of 2025

ORDER:

Heard learned counsel for the petitioner and Learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal at the stage of admission itself.

2. This Writ petition is filed seeking the following prayer:-

“to declare the action of the respondents in non disbursing/releasing the enhanced compensation of Rs.55,34,014/- for the acquisition of the land to the extent of Ac.0.10 gts, in survey No.109/1 situated at Kannala village, Bellampally mandal, Mancherial District, for the last more than 6 months even though the petitioner made a representation dated 12.06.2025 in pursuance of the proceedings issued by the respondent No.2 and 3 vide Rc No.C2/192/20215 dated 16.01.2025 and further in pursuance of the notice issued by the respondent No.3 vide Rc No.C2/16/Kannala-Arb-IV/2018 dated 16.05.2025 as arbitrary and illegal and consequently to direct the respondents to disburse the compensation to the petitioner while considering the representation dated 12.06.2025.”

3. Brief facts stated in this writ Petition are that the petitioner claims to be the owner and possessor of land admeasuring Ac.0.10 gts in Sy.No.109 (old Sy.No.18/27), situated at Kannala Village, Bellampally Mandal, Mancherial District. The case of the petitioner is that petitioner’s subject land was acquired for the purpose of laying National Highway No.363 and respondent No.3, under Section 3(A) of National Highways Act, 1956, initiated land acquisition proceedings and issued notification dated 09.08.2017 and subsequently vide award in Rc.No.C2/16/NH-363/Kannala/2018 dated 24.01.2020, determined meagre compensation i.e., Rs.4,10,279/- to the petitioner. Thereafter, petitioner under Section 3G (5) of National Highway Act, 1956 read with Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, made an application on 24.03.2024 and requested respondent No.2 to enhance the compensation and when the same was kept pending, petitioner filed W.P.No.14177 of 2024 and this Court vide order dated 07.06.2024 passed the following order:-

“4. In view of the submissions made by the both sides. without going into the merits of the case, the writ petition is disposed of by directing the respondent No.2 to dispose of the application filed by the petitioner on 24.03.2024 and pass appropriate orders in accordance with law within three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs..”

4. Learned counsel for the petitioner submits that pursuant to the order dated 07.06.2024 in W.P.No.14177 of 2024, petitioner’s application was considered and respondent No.2 vide award in Appeal No.C2/192/2021-5 dated 16.01.2025, enhanced the compensation and directed respondent No.3 to work out differential compensation amount and pay the same to the petitioner. Thereafter, respondent No.3 issued notice bearing RC.No.C2/16/Kannala-Arb-IV/2016 dated 16.05.2025, directing the petitioner to produce the bank details and other documents, within 7 days. However, when the enhanced compensation was not paid, petitioner made a representation dated 12.06.2025 and requested respondent No.2 to release the enhanced compensation and the same is still pending for consideration.

Aggrieved by the same, petitioner filed this writ petition.

5. The main grievance of the petitioner is that inspite of enhancement order in Appeal No.C2/192/2021-5 dated 16.01.2025 and petitioner’s representation dated 12.06.2025 for releasing of enhanced compensation amount, the respondent authorities are not releasing the same and pray this Court to direct the respondent authorities to consider the petitioner’s representation dated 12.06.2025 and pass orders in a time bound period.

6. Learned Assistant Government Pleader for Land Acquisition appearing for respondents