The High Court · 2025

The Special Deputy Collector (LAa), Sripada Sagar Project, NTPC, Ramagundam ...PETITIONER ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a wrrt order or direction more particularly one in the nature of writ of mandamus by declaring the action of the respondents in not initiating steps for payment of compensation in respect of Agricultural Well, Residential House and Land of the house belongs to the petitioner in Survey No. 162 admeasuring 0-33 Gts, Survey No- 163 Act 0-34 Gts, and Survey No. 198 admeasuring Ac. 1-04 Gts, of Murmoor Village Ramagundam Mandal, Karimnagar District, in the Award No. 1212006, is being illegal, arbitrary, violative of Article 14, 21 and 300-4 of the Constitution of lndia and consequently direct the respondent to pay the compensation ta the petitioner for the Agricultural Well and Residential house l.A. NO: 1 OF 2013(WPMP. NO: 16198 OF 2013 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent conduct enquiry to pay the compensation to the petitioner towards agricultural well and house to the petitioner, pending disposal of the above writ petition i I I I I l Counsel for the Petitioner: SRl. U SHANTHI BHUSHAN RAO Counsel for the Respondents: AGp FOR LAND ACQUISt.rloN The Court made the following: ORDER THE HON ,BLE SRT JUSTrcE N.V.SHRAVAN KUMAR Writ Petitio n No.13 184 of 2O13 This writ petition is liled seeking the foilowing prayer: " .. .d.eclaing the action of tluz respondents in not initiating steps for pagment of compensation tn respect of AgriculturaL Wetl Residential House and Land of tle house belongs to the petitioner iru Surueg No.162 ad.measuing Ac'O-33 Gts', Surueg No.163,Ac.O-34 Gts and' Surueg No'198 admeasuring Ac.1-04 Gts., of Murmoor Village, Ramagundam Mand.al, Kaimnagar Distict (subject propertg) in the Au.nrd No.12/ 2006 is being illegal, arbitrary' uiolatiue of Articles 14,21 and 30OA of the Constitution of India and consequentlg direct the respondent to pay the compensation ta the petitioner for the Agricultural WeIl and Residential lause " '"

2. The facts of the case in brief are that petitioner claims to be absolute owner and possessor of subject property and in the subject property there is an agricultural well and residential house in existence. It is the case of petitioner that respondent No.3 i.e., Speciai Deputy Collector (LAO) acquired Award No.l2l2OO6 has been Section 1l(2) of the Land passed on 27 -O3 -2007 under Acquisition Act and paid only the cost of land to the petitioner' the subject Property and an 2 Subsequently, on noticing that respondent autl'rorities have not paid the compensation for residential house a nd agricultural well, petitioner has approached authorities lor payment of compensation. For the reason that responden', :ruthorities are not considering the request of petitioner, petitir,ner has issued a legal notice dated 28.1O.2OO9 to respondcrrt No.3 and in reply, respondent No.3 by proceedings dat( d 1 1 . 1 l.2OO9, informed that they have paid the compe r sation to the petitioner under the abovementioned a\r,arcj rr-rcluding the structure value. However, respondent No.3 h ts not spoken anything about the agricultural r.r,ell and hat even the compensation for the residential house is rl,lt accurate. As such arother petition \ ras filed by the rctitioner and respondent No.2 directed respondent No.3 to (:, )nduct enquiry in the subject property and submit comprehcr sive report for taking further course of action. However, respon<lent No.3 has not initiated any steps to conduct enquirl. in:;1.rite of specific directions from respondent No.2. Questioning thi: said inaction of respondent No.3, the present writ petition is Iilcd.

3. A counter affidavit has been filed by ri:sponclent No.3 and would submit that the land and structure ;ituated in the 3 subject land was acquired under a Consent Award bearing ArvardNo.|2l2oo6dated27.o3.20o7underSection11(2)of the Land Acquisition Act The petitioner has executed agreement in Form III and affidavit in Form IV agreeing to receive the compensation as a package deal' It is further submitted that the subject land was categcrized as irrigated dry land with the source of well water and the market value of thelandwasfixedatRs'1,50,OOO/-peracre'Therefore' petitioner is not entitled for a separate compensation in respect of the well and insofar as petitioner's house is concerned' he u,as already paid with an arnount of Rs'i'34'07 1/- as per the estimate prepared by the technical authorities ' As such the petitioner has received the entire compensation amount of Rs.5,57,82 1/- which includes the land vaiue for Ac'2 33 gts'' and the value of the house and the petitioner received the compensation without any protest on 3O 'O3 ' 20O7 and that petitioner is not entitled for any further compensation amount' 4 . The petitioner has submitted a petition before respondent No.2 i.e', Special Collector' Land Acquisition' SRSP, Hyderabad with request to conduct detailed enquiry and Sryondent No.3 conducted inspection at the time of 4 preparation of PV proposals i.e., at the time of fixation of market value of lands of petitioner including e 11 other lands coming under acquisition and submitted a detrriled report. As such there is no necessity to conduct enquiry agrrin. As already stated, petitioner is not entitled for separate corrpensation for well, as the subject land r,r'as treated as Irriga..ed Dry Land. Reiterating the stand that petitioner is not er titled for any separate compensation as the petitioner has al -eady received the same, ancl the writ petition is filed after 6 yez rs of receiving compensation, learned Assistant Government ['leader prayed this Court to dismiss the present writ petition

5. Learned Assistant Government Pleait'r has drawn attention of this Court to Au,'arC No.12l2006 daL:d 27.O3.2OO7 and would specifically refer to categorization of lands which is extracted hereunder:

1. Category A 2. Category B - Wet Double Crop - (i) Single Crop Wet lands as per Sethwar (ii) ID Locali-zed Ayacut under SRSP (Water supplted) (iil lrngated Dry lands ut'th Open/ Bore utells - LocaLized Ag acut under S.?SP (u.tater not supplied) Dry lands (Rainfed)

3. Category C

4. Category D 5

6. l,earned Assistant Government Pleader would further submit that considering the sale was registered through Doc.No.4028 l2OO4 dated' 27.O8-2OO4 covering ar extent of Ac.O-10 gts., for consideration of price of Rs.2O,O00,r- which comes to Rs.8O,OOO l- per acre wherein the land has been classified as dry being cultivated with the water from the SRSP canal and the land under sale is similar in texture and fertility with that of the lands coming under acquisition and petitioner's land value has been calculated basis on the open well, the said lands was categorized AS Category B with open/bore wells. In view of the same, award is elaborate and has considered all the aspects made by the petitioner in this writ petition. { (

7. In view of the submissions made by learned counsel on either side, and having received the compensation, the petitioner at this belated stage cannot lile the claiming compensation for the agricultural well' If the petitioner is otherwise aggrieved, he would have taken steps as available under law at that point of time. Accordingly, at this stage, no orders can be passed under Article 226 of Constitution of India and this Court hnds no reason to petition "r'rit \ 6 interfere with the award No' 12 of 2006 and writ ;'etition stands dismissed. Miscellaneous petitions, pending, if anl,r shall stand closed. However, there shall be no order as to costs' SD/. L.VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY// S ION OFFICER To, 1 2 One CC to SRl. U SHANTHI BHUSHAN RAO Advocete [OPUC] Two CCs to GP FOR LAND ACQUISITION ,High Court for the State of Telangana. [OUT] 3 KKS TKS Two CD Copies \4- HIGH COURT DATED:2410312025 ) 4 ORDER WP.No.13184 of 2013 .: .tj _- /.',;"t .:\ o.:)\ li.) ") 03 uct 7sfr D S n..i , i'r/ - ;;' DISMISSING THE WRIT PETITION WITHOUT COSTS c.dd Vr (fr5