HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.23084 OF 2014 DATE: 27.08.2014 Between :
Mr. P. Narsing Rao s/o.late P.Venkaiah, Aged 50 years, r/o.3-6-98, Boosareddy Guda, West Marredpally, Secunderabad.
…. Petitioner and The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad and others.
…. Respondents This Court made the following :
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.23084 OF 2014 ORDER:
The case of the petitioner is that land to an extent of Ac.0.25 guntas of Aushapur village along with structures was acquired by the National Highways Authority of India for formation of National Highway from Hyderabad to Warnagal. Award was passed on 15.07.2010. However, copy of the award was not communicated to the petitioner. Petitioner obtained certified copy of the award and filed arbitration application before the 1st respondent–arbitrator on 23.08.2013. A reminder was also given to the Arbitrator on 17.02.2014 for early finalization of the arbitration proceedings. This writ petition is instituted aggrieved by the inaction on the part of the first respondent-arbitrator in finalizing the arbitration proceedings even though one year has lapsed.
2. Learned senior counsel represents that meagre compensation was paid to the petitioner, whereas it being urban property has higher marketable value and, therefore, petitioner initiated arbitration proceedings seeking enhancement of compensation. It is illegal to keep arbitration proceedings pending for a long time, causing undue hardship and suffering to the petitioner. There is no justification to keep the arbitration proceedings for such a long time and such action amounts to abdication of power by 1st respondent-Arbitrator.
3. Learned Government Pleader submits that due to administrative reasons, arbitration proceedings could not be finalized and if sufficient time is granted, proceedings would be finalized.
4. Having regard to the submissions made, this writ petition is disposed of directing the District Collector, Ranga Reddy District, (1st respondent) to finalize the arbitration proceedings after affording due opportunity to the petitioner through his counsel by giving advance notice and pass appropriate orders as warranted by law within a period of eight weeks from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 27.08.2014 kkm HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.23084 OF 2014 DATE: 27.08.2014 kkm