APHC010520142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26722/2025 Between: 1. SMT. MATHURTHI HEMALATHA, , W/O. M. RAMBABU, AGED ABOUT 40 YEAR, R/O. D.NO.21-20-3/1, SUNNAPU VEEDHI, TOWN KOTHA ROAD, SUNNAPU VEEDHI, VISAKHAPATNAM. ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH), OFFICE OF BHAVAN-1, PARLIAMENT STREET, NEW DELHI-110001, REP. BY ITS SECRETARY. 2. THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS MORTH, REP. BY ITS REGIONAL OFFICER, 41-29-45A, NEAR KODANDA RAMALAYAM, CHALASANI NAGAR, KRISHNA LANKA, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 3. THE EXECUTIVE ENGINEER R AND B, NATIONAL HIGHWAYS DIVISION, VISAKHAPATNAM. 4. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT CANTONMENT ROAD, CANTONMENT, VIZIANAGARAM, A.P- 535002. 5. THE COMPETENT AUTHORITY L A NH516B CUM REVENUE DIVISIONAL OFFICER, VIZIANAGARAM. 6. THE TAHSILDAR, LAKKAVARAPUKOTA VILLAGE AND MANDAL (L. KOTA), VIZIANAGARAM DISTRICT. 2 JS,J W.P.No.26722/2025 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order direction particularly one in writ of Mandamus by declaring the action of the Respondents in failing to appoint an Arbitrator under Section 3G(5) of the National Highways Act, 1956 in relation to acquisition notification, 3789(E), dated 24.08.2023 and its consequential award proceedings, as illegal, arbitrary, and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the Respondents to forthwith appoint an Arbitrator as per Section 3G(5) of the National Highways Act, 1956 to adjudicate the compensation dispute raised by the Petitioner and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to forthwith appoint an Arbitrator as per Section 3G(5) of the National Highways Act, 1956 to adjudicate the compensation dispute raised by the Petitioner before disbursing amount to his bank account by affording a right of personal hearing in light of his written representation duly acknowledged by the 4th and 5th respondents on 22.09.2025, within fixed time frame pending disposal of the Writ Petition and to pass such other order/s as this Hon’ble Court deems fit in the interest of Justice and to pass Counsel for the Petitioner: 1. ARRABOLU SAI NAVEEN Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR REVENUE 3. 3 JS,J W.P.No.26722/2025 The Court made the following ORDER: Heard learned counsel for the petitioner and Sri Thandava Yogesh, learned Standing Counsel appearing for the respondents. 2. Learned counsel for the petitioner submits that there is a delay of two to three years between the date of notification dated 30.08.2023 and the date of passing of final orders under Section 3G dated Nil .11.2024. Since no arbitrator has been appointed under Section 3G, and the said aspect is not addressed in the notifications issued under Sections 3A, 3D, and 3G, the present writ petition is filed. 3. On the other hand, Sri Thandava Yogesh, learned Standing Counsel appearing for the respondents, on instructions, submits that the Ministry of Road Transport and Highways issued a notification on 03.10.2022. Further, he states that in accordance with Sub-Section (5) of Section 3G of the National Highways Act, 1956, the Central Government has appointed the officers listed in column 2 of the table as Arbitrators within their designated jurisdictions specified in columns (3) and (4). Since the lands belong to Vizianagaram District, the District Collector and District Magistrate are the competent authorities responsible for duties as Arbitrator. 4. In light of the submissions made by the learned counsel for the petitioner and the learned Standing Counsel, this Court considers it appropriate to direct the petitioner to submit a suitable application before the District Collector. Upon such an application, the District Collector shall consider and pass appropriate orders in accordance with the law, providing a reasonable opportunity to the petitioner. 4 JS,J W.P.No.26722/2025 5. With the above observation, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 25.09.2025 KAS 5 JS,J W.P.No.26722/2025 47 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26722/2025 Date: 25.09.2025 KAS