Vemula Srinivas Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

Vemula Srinivas Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without costs: respondent authorities directed to dispose of the petitioner's representation dated 10-01-2025 and pass appropriate orders strictly in accordance with law by following Section 64 of Act 30 of 2013, as expeditiously as possible, preferably within three months from receipt of a copy of the order, after affording a fair opportunity of hearing to all concerned parties and communicating the decision to the petitioner; miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the action of respondent No.2 (NHAI) in not passing any orders determining the just compensation payable to the petitioner in pursuance of his acquired land and the award notice dated 25-04-2024, and in not considering his representation dated 10-01-2025, is arbitrary and illegal so as to warrant a writ of mandamus. +1 more

Court's answer

Without going into the merits of the case, and in view of the submissions of learned counsel on either side, the writ petition is disposed of directing the respondent authorities to dispose of the petitioner's representation dated 10-01-2025 and pass appropriate orders strictly in accordance with law.

Ratio / Principle

The disposal is to be by following Section 64 of Act 30 of 2013, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of the order, after giving a fair opportunity of hearing to all the concerned parties, and communicating the decision to the petitioner.

Detailed headnote1 paragraphs

Writ Petition No.8061 of 2025, High Court for the State of Telangana at Hyderabad (N.V. Shravan Kumar J.), order dated 18-03-2025: The petitioner, owner of agricultural land in Sy.No.985 (extents 1922.3199 sq.mtrs and 1214.1 sq.mtrs) at Peddacur Village, Atmakur Mandal, Hanumakonda District, challenged the inaction of NHAI (respondent No.2) in not determining just compensation pursuant to award notice in Rc.No.B/133/2021-04-NH-163G dated 25-04-2024 and in not considering his representation dated 10-01-2025, alleging wrong calculation and undervaluation of dwelling area and structure value; he had been awarded Rs.4,41,745/- and Rs.2,78,998/- by the Land Acquisition Officer (respondent No.4) under the acquisition proceedings of 28-04-2023. Without going into the merits, and on the submission of counsel on either side, the Court disposed of the writ petition directing the respondent authorities to dispose of the representation dated 10-01-2025 and pass appropriate orders strictly in accordance with law by following Section 64 of Act 30 of 2013, expeditiously and preferably within three months from receipt of a copy of the order, after giving a fair opportunity of hearing to all concerned parties and communicating the decision to the petitioner. Miscellaneous petitions closed; no costs.

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HIGH COURT FOR^{THE STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

TUESDAY,THE EIGHTEENTH^{DAYOF MARCH} TWO THOUSAND AND^TWENTYFIVE

PRESENT

THE HONOURABLE SRI^{JUSTICE N.V.SHRAVAN KUMAR}

WRIT PETITIO N^{NO:80610F 2025}

Between:

Vemula Srinivas, S/o.^{Vemula Narsaiah,Age.48} -Years,^{Occ Agriculture' Rl/o '} i. N". e-za,^{p"iidifurvillage, Atmakur Mandal, Hanumakonda District'}

AND

Union of India,^{represented by its Principal Selretary,Ministry of Road} Transport and Highways,^{Central Secretariat, New uelnl'}

N;i;,fi^'' Htiiluii'n,jfioritv^{oi lndla, represen-ted.} .bv- -its^{chief General} ffrfinioer G-5 and'6, Sector-i^{0, Dwaraka,New Delhi-l.10075'}

J. iiiir'nYuitrItJr Cr.'oi.tr"i^{Cottector, Under National Highway Authorities Act,} . Hanumakonda District,^Hanumakonda,

t#l;d A;qrisition' otric"r_crm-^{ieuenu"Divisionat officer, Greenfields,} rrtaiional Hiohwav Parakala,^{Hanumakonda District'}

5 i[e tafrsirO"ar, Aimakuru^{Mandal' Hanumakonda District'}

...RESPONDENTS

Petition under Article^{226 of lhe constitution of lndia prayingthat in the} circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an order^{or direction more particularlyone in the nature of writ} ofmandamusoranyotherappropriatewritdeclaringtheactionoftherespondent No.2 authority in^{not passingany ordersdeterminingthe just compensation} payable to the^{petitionerin pursuance of his land acquiredi'e} '^{in Sy' No 9B5 an} extentoflg2}.3lggSq.Mtrsandl214.l000Sq.Mtrs,andawardnoticeissuedin Rc.No.Bt133l2o21.o4-NH.163G,dated25-04.2024,consideringthe representation^{submittedby the petitioner dated 1O-O1-2O25for passingthe} awardtakingintoconsiderationoftheclaimofthepetitioner,isnothingbut arbitrary,illegal,nullandvoidandvio|ativeofprinciplesofnaturaljusticeand violative of the^{provisionsof National Highways Act and also violativeof Articles}

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14' 19,21 and 30cr-A of the constitution of lndia. consequ.ntty direct the respondent No. I authority to consider the representation cf the lretitioner dated 1010112025, anc delermine the award for paying just compensation to the petitioner

lA NO: 1 OF 202ti

Petition ur der liection 151 cpc praying that in the circumstances stated in the affidavit filed in s upport of the petition, the High court may be pleased to direct the resporderrt No.2 authority to consider the represe:ntation of the petitioner dated 1O-O1-2025, and determine the award for paying just compensation to ihe petitioner in pursuance of the award notice isr;ued in Rc. No. B I 1 3312021 -O4-N l-1 63G, dated 25-04-2024

Counsel for the F,etitioner: SRl. K. VENUMADHAV

Counsel for the Flespondents No.1: SRI K. ARVIND KUMAR, SC

Counsel for the l?espondent No.4: SRI K. RAHDA SANDEEPTI REDY, AGP FOR LAND ACQUISITION

Counsel for the Respondent Nos. 2&3: SRI A. RAMU, SC FOR NHAI

The Court made the following: ORDER

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HONOURABLE SRI JUSTICE^{N.V.SHRAVANKUMAR} Writ Petition No.8O61 of2O25

ORDER:

This writ petition has been^{filed to declare the action of} respondent No.2 in not^{passing any orders determining the just} compensation^payable to^{the petitionerin pursuanceof his land} acquired i.e., Sy.No.985 to an^{extent of 1922.3199 sq'mtrsand} 1214.1 sq.mtrs ald award^{notice issued in Rc'No.B/l33l2O2I-} O4-NH-163G, dated 25.04.2024^{consideringthe representation} of the petitioner dated^{1O.O1.2025 for passingthe award taking} into consideration of the^{claim of the petitioner as illegaland} arbitrary ard consequently^{direct respondent No.2 to consider} the representation of^{the petitioner dated lO.Ol.2025'}

Heard learned^{counsel for thepetitionerand} Mr.K.Arvind Kumar,^{learned Standing Counselfor respondent} No.1 and K.Radha^{Sandeepti Reddy,learned Assistant} Government Pleader^{for LandAcquisition appearingon behalf of} respondent No.4.

The facts in brief^{are that petitioner claims to be} absolute owner and^{possessorof agricultural land admeasuring}

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Ac.l-2O gts., 1n Sy.No.9B5/A/4 arld Ac.O-l B gts., 1n Sy.No.98 5/fll2 totally Ac.1-38 gts., at Peddacur Village, Atmakur mandal, Hanumakonda District. While r-hings stood thus, resoon,lent No.4 issued land acquisition proceedings uide Rc.No.B/13:ll2O2l dated 28.O4.2023 for acquiring the subject lald alo rg with others lands. According to th e award of respond.e-rt l,lo.4, petitioner was awarded with R::.4,41,745/and 2,78,998i / - for both the lands. The main grie,rance of the petitioner is that respondent authorities have wrongty calculated the dwell ng ;rea and structure value of the petitionr:r's property and untle rva.lued the same. In that regard, petitioncr has made a repres(^.ntation on 70 .OI .2025. As there \vas rlo response forthcomi ng, the petitioner is before this Court b), way of this writ pettticn.

Though various grounds are raised in the r,rrit petition, learned c,runs;el for the petitioner restricts his pral'.:1 seeking a direction -o respondent authorities to dispose of the petitioner,s representrrtron dated IO.Ol.2025 in a time bound per.iod.

.earned Assistant Government pleader for Land Acquisitio r s ubmits that if the said representat ion is still

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pending for consideration, the respondent^{authorities rnay be} directed to dispose of the^{petitioner'srepresentation,dated} lO.Ol.2025 and pass appropriate^{orders in accordancewith law.}

In view of the submission^{made by the learned counsel} on either side and without^{going into the merits of the case, this} writ petition is disposed of^{directing the respondent authorities} to dispose of the^{petitioner's representation,dated10.01'2025} and pass appropriate orders^{strictly in accordarcewith law by} following Section 64^{of Act 30 of 201 3, as expeditiouslyas} possible,^preferably within^{a period of three (3) monthsfrom the} date of receipt of a^{copy of this order after giving a fair} opportunity of hearing to^{all the concernedpartiesand} communicate the same^{to the petitioner.}

Accordingly this writ^{petitionis disposedof.}

Miscellaneous petitions, if^{any, pending in thiswrit}

petition sha-Il stand closed.^{No costs}

SD/.4.V.S. PRASAD PUTY REGISTRAR //TRUE GOPY//

SECTION OFFICER

To,

The Principal Secretary, Union of lndia, Ministry of Road Transport and Highways, Central Secretariat, New Delhi.

The Chief General Mangager, National Highway Authority of lndia, represented by its Chief General Manager G-5 and 6, Sector-10, Dwaraka, New Delhi-1 10075.

The Arbitrator Cum District Collector, Under National HighWay Authorities Aci, Hanumakonda District, Hanumakonda,

The Land Acquisition Officer-Cum- Revenue Divisional Officer, Greenfields, National Highway Parakala, Hanumakonda District.

The Tahsildar. Atmakuru ManqgL H,anumgkonda District.

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One CC b SRl. K. VENUMADHAV, Advocate [OPUC] 7. OneCCto iRl K. SANDEEPTHI REDDY, SC [OPUC] B. One CC to lRl A. RAMU, SC FOR NHAI [OPUC] 9. Two CD Co cies

BM 6 BS

HIGH COURT

DATED:1 810312025

ORDER

WP.No.8061 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,..&

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