1 APHC010243832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3603] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CIVIL REVISION PETITION NO: 1752/2026 Between: 1. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, RAJAMAHENDRAVARAM ...PETITIONER AND 1. GOUSE NAWAZ BAIG, S/O. ASMATHULLA BAIG, MANAGING TRUSTEE, MOHAMMED GOUSE MEDICAL AND EDUCATIONAL TRUST, 43 YEARS, D.NO. 86-2- 28/1, PRIYANKA TOWERS, PRAGATHI MARG, J.N.ROAD, RAJAMAHENDRAVARAM 2. THE COMPETENT AUTHORITY FOR LAND ACQUISITION CALA, NH-16 (EGK-SH 107) AND SUB COLLECTOR, KOVVUR DIVISION, EAST GODAVARI DISTRICT 3. THE DISTRICT COLLECTOR AND THE ARBITRATOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. PADMA RAO LAKKARAJU (SC FOR NHAI) Counsel for the Respondent(S): 1. VARREY VENKATA NAGA VISHNU TEJA The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CIVIL REVISION PETITION No.1752 of 2026 ORDER: (Per Hon‟ble Sri Justice D.Ramesh) The present revision is filed aggrieved by the order dated 09.04.2025 in I.A.No.632 of 2024 in A.R.B.O.P.No.100 of 2024 passed by the V Additional District Judge, East Godavari, Rajamahendravaram. 2. Heard learned Standing Counsel for NHAI appearing for the petitioner and learned counsel for respondent No.1. 3. I.A.No.632 of 2024 in A.R.B.O.P.No.100 of 2024 was filed by the petitioner under Section 36(2) and (3) of the Arbitration and Conciliation Act, 1996 (for short, „the Act‟) seeking stay of arbitration award dated 22.05.2024. The said I.A. was allowed with the following conditions: “19. Considering the facts and circumstance of the present case it would be in the interest of both the parties that stay of execution of arbitration Award is granted subject to the petitioner to be depositing 50% of Award amount within four weeks from the date of this order. The point is answered accordingly. 4 20. In the result, this petition is allowed without costs. There shall be stay of execution of arbitration Award No.483555/2024/L4 dt. 22.05.2024 passed by learned Arbitrator cum District Collector, East Godavari District subject to the petitioner depositing 50% of the Award amount within four weeks from today, failing this order shall cease to have effect. The respondent No.1 is entitled to withdraw the amount so deposited by filing appropriate application.” 4. Learned Standing Counsel for NHAI appearing for the petitioner vehemently contended that the award is contrary to the record. Hence, as an exceptional case, the order passed by the Court below under Section 36(2) and (3) of the Act, wherein the Court has granted stay of award on depositing 50% of the award amount within four weeks, is against the interest of the petitioner. It is further submitted that the value of the land was determined at Rs.418/- per square metre. But, the same was enhanced by the arbitrator treating the subject land as non-agricultural land and awarded Rs.1527.51 per square metre, which is more than three times the amount originally determined. In the said circumstances, granting an interim order depositing 50% of the award amount is exorbitant and though the petitioner is ready to deposit the said amount, the 1st respondent is not entitled to 5 withdraw the same. It is also submitted that if the 1st respondent withdraws the said amount, the very purpose of filing the main O.P. itself would be defeated. 5. Reply to the same, Sri O.Manohar Reddy, learned Senior Counsel assisted by Sri V.V.N.V.Teja, learned counsel appearing for respondent No.1, has placed reliance on the observations made by the arbitrator in the award. In the award, the arbitrator has categorically observed that Sri Md. Gouse Nawaz Baig S/o. Md. Azmathulla Baig has filed a petition under Section 3(G)(5) of the National Highways Act, 1956 on 21.02.2019 seeking payment of compensation for his acquired land i.e., Ac.2.98 cents in Survey Nos.343 and 342-4 of Dommeru Village of Kovvur Mandal in non-agriculture category. It is further submitted that the adjacent lands belonging to M.G.Medical and Education Trust in Survey Nos.344-2, 345-1A, 2A, 348-3B, 347- 1B and 346-1A2 and the lands belonging to M/s. Einsteen Commercial Private Limited and Vishnumaya Commercial Private Limited have been acquired under the same award and paid an amount of Rs.1527.51 per square metre. Hence, the arbitrator, taking into consideration the compensation awarded to the 6 adjacent land owners, fixed the same amount. Hence, there is no exorbitant enhancement of compensation. In fact, the arbitrator has considered the compensation awarded to the adjacent land owners and accordingly, enhanced the compensation payable for the land of the 1st respondent by awarding compensation at the rate of Rs.1527.51 per square metre. Hence, the 1st respondent is entitled for payment of the entire award amount and the interim order may be modified for deposit of the entire award amount and the 1st respondent may be permitted to withdraw half of the amount so deposited. 6. Considering the submissions made by learned counsel for both parties and on perusal of the issue involved in the instant revision petition, this Court is of the opinion that as the revision is filed against an interlocutory order passed by the Court below under Section 36(2) and (3) of the Act, and though the said order is purely discretionary in nature, taking the values into consideration, the interim order granted by the Court below dated 09.04.2025 is modified by directing the petitioner to deposit half of the amount of arbitration award dated 22.05.2024 including interest within a period of four (4) weeks from today. Out of which, 7 the 1st respondent is permitted to withdraw half of the amount without furnishing any security. The 1st respondent is also permitted to withdraw the remaining amount on furnishing collateral security. In default of depositing the said amount within the stipulated period, the modification order granted by this Court shall automatically stand vacated. 7. With the above observations, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH _________________________________ JUSTICE ALAPATI GIRIDHAR Date: 20.07.2026 Note: Issue CC tomorrow (B/o.) Ivd Whether the order is: Speaking Yes Reasoned No Reportable No Non-reportable Yes 8 THE HONOURABLE SRI JUSTICE D.RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CIVIL REVISION PETITION No.1752 of 2026 Dated: 20.07.2026 Ivd