LAWS(APH)-2012-8-105

KOMMULA SRINIVAS Vs. DISTRICT COLLECTOR & ARBITRATOR

Decided On August 13, 2012
Kommula Srinivas Appellant
V/S
District Collector And Arbitrator Respondents

JUDGEMENT

(1.) PETITIONER is the owner and possessor of the land admeasuring Ac.0.25 guntas in Survey No.70/3/2 situated at Mupkal Village, Balkonda Mandal of Nizamabad District. It is stated that in the aforesaid land petitioner was operating petrol bunk from the last 20 years. Respondents have issued notification to acquire the aforesaid land under the provisions of the National Highways Act, 1956 to widen National Highway No.7 into 4/6 laning from KM 285.633 to KM 308.00. After notifying the land, the competent authority has fixed the market value, for the purpose of compensation payable to the petitioner, at the rate of Rs.306/- per square yard. Alleging that the competent authority did not fix the compensation as per the existing market value, petitioner made a representation to refer the matter to the Arbitrator. When the matter was not referred to the Arbitrator, petitioner filed W.P.No.32277 of 2010, before this Court, which was disposed of directing the respondents to consider the representation of the petitioner for enhancement of compensation. Consequent thereto, while examining the claim of the petitioner, the District Collector, who is the Arbitrator under the Act, has passed the impugned order.

(2.) IT is the case of the petitioner that in spite of the documentary evidence filed by him in support of his claim for higher market value, for award of compensation, the impugned order is passed stating that commercial sale documents cannot be considered in fixing the market value.

(3.) IT is stated that except the impugned minutes of the Arbitrator and the communication dated 02.03.2009, issued in proceedings No.G1/2275/2009, no further order is communicated to the petitioner.