Telangana High Court
Dasari Kamala Devi vs The State Of Telangana on 27 February, 2025
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.4167 OF 2025
ORDER:
This writ petition is filed by the petitioner seeking the
following relief:
“….To issue an appropriate Writ, order or direction more particularly in
the nature of Writ of Mandamus declaring the action of the respondent
Nos.2 and 3 in not following the due process of law while considering the
arbitration applications within time limit of 12 months under Section 29A
of the Arbitration and Conciliation Act, 1996 is illegal, arbitrary, and
violative of principals of natural justice and also violative of Article 14, 21
300-A of the Constitution of India and consequently direct the respondents
to conduct the enquiry on the claim petitions filed under Section 3G of
National Highways Act, 1956 in enhancing award within the stipulated
time as contemplated in the Act and pass such other order or orders…”
2. Heard Mr. D.Pochaiah, learned counsel for the petitioner and
learned Assistant Government Pleader for Land Acquisition
appearing for respondent Nos.1 to 3 and perused the record.
3. The grievance of the petitioner is that the petitioner’s
property was acquired by the respondent authorities for the
purpose of widening under the National Highway Authority India-
NH 363, Mancherial District to Chandapur, Km.0.00 to 44.200,
under an award No.C2/16/Garimilla-II, dated 05.08.2019 and
determined meager compensation in respect of the petitioner’s
property. It is further submitted that aggrieved by the orders for
not paying proper compensation, the petitioner filed an arbitration
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application dated 25.09.2024 invoking the provisions of Section
3G (5) of the Act, 1956, seeking enhancement of compensation.
In spite of repeated requests made by the petitioner, respondent
No.3 has not taken any steps and the same is contrary to the
provisions of the National Highways Act, 1956 as well as
Arbitration and Conciliation Act, 1956.
4. Learned Assistant Government Pleader for Land Acquisition,
basing upon the written instructions furnished by respondent No.2,
submits that the petitioner did not submit an application within a
prescribed time, and the petitioner is not entitled to seek reference
to the authority. He further submits that as on today, respondent
No.3 has not passed any order pursuant to the application
submitted by the petitioner and respondent No.3 will pass
appropriate orders in accordance with law after issuing notice to
the petitioner and any other affected parties as per the provisions
of the Act, and requested this Court to grant reasonable time.
5. Having considered the submissions made by learned counsel,
for the parties, the present writ petition is disposed of directing
respondent Nos.2 and 3 to consider the application dated
25.09.2024 submitted by the petitioner and pass appropriate order
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in accordance with law within a period of four (04) weeks from the
date of receipt of a copy of this order, if not already disposed of.
No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
____________________________
JUSTICE J. SREENIVAS RAO
Date:27.02.2025
NSP
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